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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE CITY OF LOWELL TO PLACE MUNICIPAL CHARGE LIENS ON CERTAIN PROPERTIES IN THE CITY OF LOWELL FOR NONPAYMENT OF ANY LOCAL CHARGES, FEE OR FINE.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. The city of Lowell may impose a lien on property located within the city for any local charge, fee or fine that has not been paid by the due date. This lien shall be known as a municipal charges lien. Before liens are imposed, a vote by the city council shall be taken for each type of charge, fee or fine and an additional initial vote shall be taken to allow the charge, fee or fine to be collected in this manner. For purposes of this act, local charge, fee or fine shall mean any charge, fee or fine imposed by the municipality pursuant to ordinance, local regulation, statute or state regulation.

SECTION 2. A lien authorized under this act shall take effect upon recording of the unpaid municipal charge, fee or fine, by parcel of land and by the name of the property owner assessed for the fine in the northern district of the registry of deeds of Middlesex county.

SECTION 3. If a charge, fee or fine, which is secured by a municipal charges lien, remains unpaid when the assessors are preparing a real estate tax list and warrant to be committed under section 53 or chapter 59 of the General Laws, then the board or officer in charge of the collection of the municipal charge, fee or fine shall certify such charge, fee or fine to the assessors, who shall forthwith add such charge, fee or fine to the tax on the property to which it relates and commit it with their warrant to the collector of taxes as part of such tax.

SECTION 4. If the property to which such charge, fee or fine relates is tax exempt, the charge, fee or fine shall be committed as the tax.

SECTION 5. A lien under this section may be discharged by filing in the northern district of the registry of deeds of Middlesex county, a certificate from the tax collector that all municipal charges, fees or fines constituting the lien, together with any interest and costs thereon, have been paid or legally abated.

SECTION 6. All costs of recording or discharging a lien under this section shall be borne by the owner of the property.

SECTION 7. This act shall take effect upon its passage.

Approved December 5, 2002.