Article 22 Municipal Charges Lien Summary.pdf pdf file

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MUNICIPAL CHARGES LIEN EXECUTIVE SUMMARY

    A Massachusetts municipal charges lien is a legal claim, allowed by M.G.L. Ch. 58 Sec.
    40, recorded against a property by a municipality to secure payment for delinquent
    municipal fees, fines, or charges, such as unpaid water/sewer bills, trash fees, or code
    violations, provided that a separate vote at a town meeting, or by a city or town
    council is taken for each type of charge or fee. It allows towns to add these debts to
    property tax bills, if not paid.

    Key details regarding municipal charges liens in Massachusetts:


•   Usage Examples: These liens are applied to unpaid, overdue amounts for services like
    building permit fees, zoning violations, sanitation/refuse, water/sewer, and property
    maintenance fines.

•   Process: If a fee remains unpaid, it is certified to the assessors, added to the property
    tax bill, and recorded as a lien at the Registry of Deeds.

•   Release: The lien is released by paying all charges, interest, and recording costs to the
    tax collector.

•   Impact: These are commonly discovered during property sales or refinances via a
    Municipal Lien Certificate (MLC).
    Alternative Processes: Some specific local charges or unique scenarios may require
    special legislation for the city to adopt specific enforcement measures, such as a special
    act for the municipality to establish a comprehensive municipal charges lien.