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2026 Annual Town Meeting, Town of Arlington, MA
Article: 19
Warrant Article Title:
BYLAW AMENDMENT / ADDITION OF CERTAIN DELINQUENT
MUNICIPAL FEES/FINES TO BE A LIEN ON REAL ESTATE
TAX ACCOUNT
Warrant Article Text:
To see if the Town will vote to amend Title I, Article 21 (“Municipal
Charges Liens”) of the Town Bylaws; to include in the placement
of a lien or liens onto any real estate tax accounts, any fees, fines,
or penalties levied by a Town and/or School department upon a
resident property owner and/or non-resident property owner of the
Town, where such fee, fine, or penalty is delinquent. Said
amended Bylaw is in accordance with Section 58 of Chapter 40
“Municipal Charges Lien” of the Massachusetts General Law; or
take any action related thereto.
Requested By:
the Town Manager
Report Excerpt:
Vote and comment to Town Meeting - Favorable Action (5-0).
The Board voted unanimously to recommend favorable action on
this warrant article that seeks to streamline the process by which
the town recovers delinquent fees and charges. The Board heard
from the Town Manager who reported that the article proposes to
add eight new categories of fees and charges that could be
subject to a municipal charges lien in accordance with the
authority set forth in G.L. c. 40, §58. The statute authorizes cities
and towns to impose a lien for any municipal charge once
authorized by a town meeting vote. If adopted, this expanded
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process for placement of municipal charges liens would reduce
the need for the town to seek recovery of delinquent fees and
charges by filing individual lawsuits or seeking criminal
complaints; the costs associated with doing so often exceed the
fees or charges being sought. Accordingly, recovery of costs due
to the town in certain instances could be collected more
efficiently.
[The Finance Committee] supports the Town Manager’s and the
Select Board’s efforts to update the Town’s fee structure to more
accurately reflect the true cost of services delivered to our
residents and strengthen the Town’s enforcement mechanisms to
ensure compliance with our Bylaws. Accordingly, the Finance
Committee recommends favorable action on Articles 16, 17 and
19. (13-1-0)
Vote Language:
That the Town does and hereby amend Title I, Article 21 of the
Town’s Bylaws so that it reads:
ARTICLE 21
MUNICIPAL CHARGES LIENS
(ART. 26, ATM – 05/06/2009), (ART. 23, ATM – 05/27/11)
In accordance with Chapter 40, Section 58, of the General Laws,
Municipal Charges Liens may be placed on real property located
within the Town of Arlington related to the following Town
charges:
a) parking-violation charges
b) motor-vehicle excise taxes
c) rental charges for town or school property and facilities
d) public-safety details
e) license, permit, and inspection fees
f) charges assessed for snow and ice removal under Title III,
Article 1, Sections 24, 25, and 26 of these Bylaws
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g) charges assessed for enforcement of Junk Car remediation
under Title V, Article 2, Section 2 of these Bylaws;
h) charges assessed for enforcement of Minimum Standards of
Fitness for Human Habitation under the State Sanitation
Code;
i) charges assessed for removal of a “public health nuisance”
defined by G.L. c. 111 sec. 125;
j) charges assessed for Zoning Bylaw violations;
k) charges assessed for leaf blower violations under Title
V, Article 12, Section 6 of these Bylaws;
l) charges assessed for outdoor lighting violations under
Title V, Article 14, Section 6 of these Bylaws;
m) charges assessed for tree protection and
preservation violations under Title V, Article 16, Section
5 of these Bylaws;
n) charges assessed for vacant storefront maintenance
registry violations under Title V, Article 17, Section 7 of
these Bylaws;
o) charges assessed for Building Code violations under
Title VI, Article 3, Section 1 of these Bylaws;
p) charges assessed for residential construction site
control and maintenance violations under Title VI,
Article 9 of these Bylaws;
q) charges assessed for dog and kennel related violations
under Title VIII, Article 2, Sections 1-5 of these Bylaws;
Select Board Report
