Monday, February 6, 2017

Village taxes in Delhi, NY are not enforceable, based on response to my FOIL request - so, why pay them?

I wrote recently about my 2 FOIL requests to the Village of Delhi, New York, regarding:

1) the contract that, according to the Village code enforcement officer Tom Little, "went out to bidding" regarding demolition of the burnt out building in Delhi, NY, Main Street (as reported on January 18, 2017 by the Walton Reporter);




and regarding

2) records showing efforts of the Village of Delhi, NY to enforce delinquent taxes - according to the personal promise of the Village mayor given to people present at the meeting of the Village Board in the fall of 2014 (I was present at the meeting and spoke to the mayor myself at that time).

I've got the responses to my FOIL requests.

1) The Village of Delhi, NY alleged in its response that it did not bid out the contract to demolition of the building on Main Street.  The only available document that the Village of Delhi sent me on the subject was a permit to demolish the building by owner, and, allegedly, it is the owner who has contracted out the demolition.





2) The Village of Delhi was unable to provide me any records indicating that the Village of Delhi, NY, as its mayor promised in 2014, engaged in any steps whatsoever to enforce delinquencies on the village taxes.

At the public meeting at the fall of 2014, the Village of Delhi indicated that the village lawyers was concerned WHETHER the village tax code is enforceable in court at all, and that the Village of Delhi will soon try and check it out in a "test" court case against one of many tax delinquents, many of whom do not pay taxes for years.

That was in the fall of 2014.  In winter of 2017, that is, 2.5 years later, the Village of Delhi, NY provided me with the following list of tax delinquents:

For the period of 2013-2015:



and for the year 2016:


Despite my clearly worded request, specifically, for records of enforcement of delinquent taxes, as promised by the Village of Delhi, NY mayor, the village was unable to provide such public records - meaning that no enforcement action was filed, and that the Village of Delhi mayor simply deceived the residents and taxpayers of the village by making a promise that he was never going to fulfil.

Yet, there are people and businesses in the village of Delhi, NY who, according to the records, do not pay village taxes for years.

For example, Richard and Janet Babcock, of 20 Park Place in Delhi, New York, according to records provided by the Village of Delhi in accordance with my FOIL request, did not pay village taxes since 2013:




Yet, the Village of Delhi undertook no efforts whatsoever to enforce the tax delinquency in court, and simply assesses a "penalty".

My question then, as a longtime village taxpayer - WHY do we have to pay taxes in the village of Delhi, if there is no enforcement mechanism for the taxes, and if those who do not pay those taxes, are not taken to court for that?

Maybe, there is no need to pay these village taxes at all? 




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