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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Glenn Baude, Director
Subject: Resolution of the City of San
Bernardino objecting to the tax sale of
properties with City assessments.
Dept: Code Enforcement
Date: March 28, 2007
MCC Date: 04-16-2007
Synopsis of Previous Council Action:
04/07/03 - Resolution No. 2003-76, objecting to the 2003 tax sale of properties with city assessments.
07/21/03 - Resolution No. 2003-196, objecting to the 2003 tax sale of properties with city assessments.
04/19/04 - Resolution No. 2004-97, objecting to the 2004 tax sale of properties with city assessments.
04/18/05 - Resolution No. 2005-84, objecting to the 2005 tax sale of properties with city assessments.
05/15/06 - Resolution No. 2006-130, objecting to the 2006 tax sale of properties with city assessments.
06/19/06 - Resolution No. 2006-191, objecting to the 2006 tax sale of properties with city assessments.
Recommended Motion:
Adopt Resolution
~~tV~
' /y/ Glenn B e
Contact person: EILEEN GOMEZ
5920
Phone:
Supporting data attached: StaffReport/Reso/Exhibit Ward:
All
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.)
(A,..,..t n,::toc:,..riptinn)
Finance:
Council Notes:
Agenda Item No.
10
'I/lfo/07
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the City of San Bernardino objecting to the tax sale of properties with City
assessments.
BACKGROUND:
Approximately eight (8) weeks prior to a tax sale, the County posts a list of tax defaulted
properties on the internet by Assessor's Parcel Number (APN). The Code Enforcement
Department is currently in the process of identifying any City assessments with the list posted by
the County.
A tax deed conveys title to the purchaser free of encumbrances of any kind existing before a tax
sale except for, among other interests, liens for tax assessments or other rights of any taxing
agency that does not consent to the sale. In order to object to a sale, the taxing agency's
governing body must file certified copies of a resolution adopted by the governing body
objecting to the sale with the County Tax Collector and the County Board of Supervisors
In the past, there have been several incidences where the County failed to send written notice to
the City. If the City is not notified of the sale and is not given the opportunity to object prior to
the actual sale taking place, the City would lose any lien interests. By law, the County must give
notice of any tax sale prior to the actual sale taking place. In order to maintain our lien interest,
staff is requesting that Council approve a resolution objecting to the tax sale of properties with
amounts owed to the City.
FINANCIAL IMPACT:
If approved, additional abatement funds would be collected.
RECOMMENDATION:
Adopt resolution.
Attachments: Exhibit "A" - list of properties with City liens that have been scheduled for tax
sale.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO OBJECTING TO THE
MAY 2007 TAX SALE OF PROPERTIES WITH CITY ASSESSMENTS.
WHEREAS, the City of San Bernardino has the authority to place liens on
properties to recover the costs for abatements, unpaid business licenses, and for other
unpaid amounts due the City; and
WHEREAS, after a statutorily-required waiting period, the County of San
Bernardino must hold a tax sale to sell tax-defaulted real property; and
WHEREAS, a tax deed conveys title to the purchaser free of all encumbrances of
any kind except for, among other interests, taxes or assessments or other rights of any
taxing agency that does not consent to the sale. A taxing agency consents to the sale by
failing to object to the sale. To object to a sale, the taxing agency's governing body must
file certified copies of a resolution adopted by the agency's governing body objecting to
the sale with the County Tax Collector and Board of Supervisors.
NOW, . THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council of the City of San Bernardino
hereby objects to the County of San Bernardino's Tax Sale, scheduled for May 14,2007,
as to the properties listed in Exhibit "A", attached to this Resolution and made a part by
this reference, and any other properties included in the Tax Sale in which the City of San
Bernardino has any interest, lien, or any other right, in order to preserve the City of San
Bernardino's right to collect abatement costs, and other amounts, through liens or tax
assessments.
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RESOLUTION OF THE CITY OF SAN BERNARDINO OBJECTING TO THE
MAY 2007 TAX SALE OF PROPERTIES WITH CITY ASSESSMENTS.
SECTION 2. The Director of Code Enforcement, or his or her designee, shall
file by personal service a certified copy of this Resolution with the San Bernardino
County Tax Collector and the San Bernardino County Board of Supervisors. The
Director of Code Enforcement, or his or her designee, shall also record a certified copy of
this Resolution with the San Bernardino County Recorder's Office in the chain of title of
each property identified in Exhibit "A" of this Resolution, and any other property in
which the City is found to have an interest, prior to the Tax Sale.
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RESOLUTION OF THE CITY OF SAN BERNARDINO OBJECTING TO THE
MAY 2007 TAX SALE OF PROPERTIES WITH CITY ASSESSMENTS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2007, by the
following vote, to wit:
Council Members
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
2007.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN,
City Attorney
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EXHIBIT A
TAX SALE PROPERTY MAY 2007
Parcel # Address Bldg. Liens Weed Liens TOTAL
On Tax Roll On Tax Roll
0134-014-07 663 Crescent $10,813.71 $1,144.50 $11,958.21
0137-021-10 1261 W. Riallo $10,049.96 $3,587.00 $13,636.96
0138-132-23 1032 W. 5th SI. $22,289.54 $512.00 $22,801.54
0140-294.20 186 W. 7th SI. $8,391.91 $911.50 $9,303.41
0144-171-13 1123 W. 15th SI. $1,310.70 $1,310.70
0144-172-09 1147 W. Magnolia $416.66 $416.66
0144-193-10 1223 Reece $13,285.89 $1,212.00 $14,497.89
0145-203-50 1302 North "E" SI. $14,527.41 $1,452.00 $15,979.41
0145-242-07 1237 Stoddard . $14,645.60 $1,533.50 $16,179.10
e 0147-091-44 $2,394.00 $2,394.00
0153-121-55 $277.50 $277.50
0268-134-01 1767 Darby $2,584.50 $2,584.50
0280-213-25 $2,257.50 $2,257.50
TOTALS $95,731.38 $17,866.00 $113,597.38
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