Village reviews code revision that would prevent applicants who owe taxes from being heard by municipal boards

The Village of Woodbury is considering a change to its local law that would prevent applicants who owe taxes from being heard by the village.

Local Law No. 4, titled “Taxation,” would amend a previously reserved section in Chapter 277 of the village code, replacing it with a new section, titled “Payment of Taxes and Fees Prior to Board Approval.” Under the new section, applicants would be denied from being heard by all three municipal boards if they have unpaid taxes or violations.

Law would target those who purposely don’t pay their taxes

During the hearing, Trustee Christopher Graziano voiced support for the local law, explaining that the provision would target those who purposely don’t pay their taxes, rather than inconvenience the typical taxpayer. He noted that there are current applicants in the planning board who have not paid their taxes.

“This is also for if [applicants] owe the county,” Graziano said. “So if the county takes our tax bill, makes us whole, they still owe the county. So, until they clear the county, they still don’t get to go for a permit... And it’s up to the applicant, not us, to make sure they paid.”

In response to FOIL request regarding the status of applicants before the planning board who have not paid their taxes, the village records department said the Village tax bills were mailed on May 29, so all current applicants have outstanding taxes. They also noted that they do not have records of town, school or county taxes.

Village treasurer questions how law would be enforced

Commenting on the local law, Village Treasurer Desiree Potvin expressed multiple concerns about its procedures and enforcement, including who would be responsible for finding out if applicants owe taxes to the village, county or school district, and how such information would be obtained. She also suggested adding the town to the list of agencies.

“I’m concerned this could be one of those laws we adopt that never gets enforced or followed,” Potvin said.

Graziano said the building department can find out if an applicant has unpaid taxes by calling the county. In response, Potvin expressed reservations, saying it would take a week or more to hear back from them.

Call for collaboration

In addition, the board also continued its review of Local Law No. 6, titled “Site Plan Enforcement,” which would allow the planning board to revoke a site plan approval if the permittee violates its conditions or makes unauthorized modifications. The local law would also grant the building inspector the ability to properly cite from the local code when enforcing site planning violations.

During the April 23 hearing on the local law, Building Inspector John Hand said he currently uses the state code to cite violations. He explained that citing from the local code would allow the village to collect money from the fines issued by the court, instead of it going to the state.

During discussions on the local law, Graziano suggested holding a work session with the town, combining both Local Law No. 4 and 6 to create an overall enforcement law.

Town Supervisor Jacqueline Hernandez weighed in on the suggestion, encouraging departments in both municipalities to work together. She noted the town is working on a law in collaboration between the building department and the assessor’s office.

“I really do concur with Trustee Graziano to pause on some of these laws and maybe we can do a collaboration to enforce bigger, more thorough laws that are going to allow both sides of our municipalities to have teeth in this,” Hernandez said.

The board voted to continue the public hearings on both local laws to its June 25 meeting.