SENATE, No. 2341

By Mr. McGee, a petition (accompanied by bill, Senate, No. 2341) of Thomas M. McGee, Robert F. Fennell, Steven M. Walsh, Douglas W. Petersen and other members of the General Court (with the approval of the mayor and city council) for legislation to authorize the city of Lynn to impose liens on properties for nonpayment of municipal fines or penalties. Municipalities and Regional Government. {Local approval received.}
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.

AN ACT AUTHORIZING THE CITY OF LYNN TO IMPOSE LIENS ON PROPERTIES FOR NONPAYMENT OF MUNICIPAL FINES OR PENALTIES

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 Lynn shall impose a lien on real property located within the city of Lynn for municipal fines or penalties imposed pursuant to section 21D of chapter 40 of the General Laws totaling more than $500.00 in the aggregate if the fines or penalties have not been paid by the due date and all appeal periods have been exhausted.  This lien shall be known as the “municipal charges lien”. 

SECTION 2.  A municipal charges lien authorized under this act shall take effect upon the recording of a list of unpaid municipal fines or penalties by parcel of land and by the name of person assessed for the fines or penalties in the registry of deeds of the county or district where the land subject to the lien lies.

SECTION 3.  If fines or penalties secured by a municipal charges lien remain unpaid when the assessors are preparing a real estate tax list and warrant to be committed under section 53 of chapter 59 of the General Laws, the board or officer in charge of the collection of municipal fines or penalties shall certify such fines or penalties to the assessors, who shall forthwith add such fines or penalties to the tax on the property to which they relate and commit them with their warrant to the collector of taxes as part of such tax.  If the property to which such fines or penalties relate is tax exempt, such fines or penalties shall not be committed as the tax.

SECTION 4.  A lien under this act may be discharged by recording, in the registry of deeds of the county or district where the land subject to the lien lies, a certificate from the tax collector which states that all municipal fines or penalties constituting the lien, together with any interest and costs thereon, have been paid or legally abated.  All costs of recording or discharging a lien under this act shall be borne by the owner of the property.