HomeMy WebLinkAbout10-Code Enforcement
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Code Enforcement
Subject: Resolution of the City of San
Bernardino objecting to the August 2009
tax sale of properties with City assessments.
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From: Marianne Milligan, Deputy Director
Date: July 13, 2009
MCC Date: 08-03-09
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.
04/16/07 - Resolution No. 2007-116, objecting to the 2007 tax sale of properties with city assessments.
04/07/08 - Resolution No. 2008-87, objecting to the 2008 tax sale of properties with city assessments.
Recommended Motion:
Adopt Resolution
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, anne Milligan
Contact person: EILEEN GOMEZ
Phone:
5920
Supporting data attached: StaffReport/Reso/Exhibit Ward: All
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.)
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Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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Staff Report
SUBJECT:
Resolution of the City of San Bernardino objecting to the August 2009 tax sale of properties with City
assessments.
BACKGROUND:
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Approximately six (6) 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 has identified
properties with City assessments on the list posted by the County. Any other properties with
assessments not identified on the current list would be submitted at the next tax sale in May 2010.
The purpose of the tax sale is to collect any unpaid taxes and to convey the tax-defaulted property to a
responsible owner. These properties are subject to the Tax Collector's power to sell because of
defaulted taxes. Once the property is sold, title is awarded to the purchaser free of encumbrances of
any kind existing before the sale except for liens or assessments from other public agencies that do not
consent to the sale of the property. If the County accepts an offer for the purchase of the property that
is lower than the amount needed to clear all liens and encumbrances, there is a possibility that the lien
placed by the City would not be collected. The City must file an objection to the sale in an attempt to
collect the lien amount before title is conveyed. In order to object to a tax 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. Once the resolution is
adopted and the objection is filed, the property remains on future tax rolls until the liens or
assessments are paid.
In the past, there have been incidences where the County failed to notify the City that the property is in
the process of being sold at auction. 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. Filing
the objection does not guarantee the lien would be paid, however, the property can be placed on future
tax rolls in an attempt to collect any liens or assessments. 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.
~NANCIAL IMPACT:
If the resolution objecting to the tax sale of properties is approved, the City would retain its ability to
be paid its costs of $44,870.83. which is the amount currently behind on these properties.
RECOMMENDATION:
Adopt resolution.
Attachments: Exhibit "An -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
AUGUST 2009 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 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 Bemardino
hereby objects to the County of San Bernardino's Tax Sale, tentatively scheduled for
August 8, 2009, 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
AUGUST 2009 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
AUGUST 2009 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
, 2009, by the
following vote, to wit:
Council Members
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
2009.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
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SF. PENMAN
Attorney
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EXHIBIT A
CITY OF SAN BERNARDINO - AGENCY CC 30
TAX SALE
August 8-10, 2009
SPECIAL ASSESSMENT LIST SP 07 HAZARD ABATEMENT
SP 03 WEED ABATEMENT
PARCEL NO. PROPERTY ADDRESS HAZARD WEED TOTAL
0136-032-23 Vacant Lot $ - $ 1,407.00 $ 1,407.00
0136-412-08 Vacant Lot $ - $ 207.50 $ 207.50
0137-071-13 1158 W. Congress $ 717.54 $ - $ 717.54
0139-231-34 1358 W. Union Sl $ 16,057.82 $ 1,606.00 $ 17,663.82
0142-112-05 Vacant Lot $ 1,883.00 $ 1,883.00
0144-163-20 Vacant Lot $ - $ 520.00 $ 520.00
0146-241-07 1256 Wall $ - $ 2,003.50 $ 2,003.50
0148-173-07 2355 Ramona $ 7,859.32 $ 1,909.00 $ 9,768.32
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0150-343-06 2329 N. Cedar St. $ 331.20 $ - $ 331.20
0154-062-30 5300 N. Sepulveda $ 330.00 $ - $ 330.00
0155-091-06 3455 N. Mountain Ave. $ 111.20 $ - $ 111.20
0266-362-07 Vacant Lot $ - $ 648.94 $ 648.94
0280-062-07 686 Santa Fa $ 659.80 $ 3,319.00 $ 3,978.80
0280-131-23 904 Foisy $ - $ 4,432.23 $ 4,432.23
0283-041-23 2351 S. Artesia St. $ 536.58 $ - $ 536.58
1199-211-22 2821 N. La Praix $ 331.20 $ - $ 331.20
TOTALS , $ 26,934.66 $ 17,936.17 $ 44,870.83