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Home My WebLink About12-Code Compliance , .. ORIGINAL 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: April 25, 2006 MCC Date: 05-15-2006 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. Recommended Motion: Adopt Resolution ~~ If <<.<< -t.., Glenn Baude Contact person: EILEEN GOMEZ 5920 Phone: Supporting data attached: StaffReportlReso/Exhibit Ward: All -, FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (A~rt n~c:rription) Finance: Council Notes: Re.sn. 2CO&. 13('> Agenda Item No. sl J.$c, IJ.- 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO OBJECTING TO THE MAY 2006 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, tentatively scheduled for May 2006, 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. # /2-J ::;;-'!:J-'oh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO OBJECTING TO THE MAY 2005 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 "An of this Resolution, and any other property in which the City is found to have an interest, prior to the Tax Sale. III III /11 1/1 1/1 /1/ 1// /11 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO OBJECTING TO THE MAY 2006 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 , 2006, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this 2006. day of Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: }- /1 V. "'v,. ~ J e~......... a es F. Penman, City Attorney 3 Parcel No. 0138-034-12 Address EXHIBIT" A" TAX SALE PROPERTIES FOR MAY 2006 Code Liens on Tax Roll Code Liens Invoiced (Not on Tax Roll) (Not Liened) Total EXHIBIT "A" TAX SALE PROPERTIES Ma.y200G Parcel# Address BldgLiens on Ta'lCRolI $123,147.27 $574.16 $0.00 $5,486.28 $13,284.63 $0.00 $0.00 $23,69971 $20,67305 $9,06668 $0.00 $16,987.62 $194,468.57 As above As above As above As above $7,080.15 $28,971.89 $9,720.30 $16,934.55 $0.00 $3,05559 $0.00 $4,627.92 $0.00 $0.00 $39,112.40 $0.00 $1,050.10 $570.31 $4,039.96 $45,224.70 $17,180.63 $51,909.36 $0.00 $0.00 $13,629.30 $23,293.84 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $36,769.26 $0.00 0134-023-19 0135-144-21 0135-191-07 0135-292-35 0135-301-11 0136-182-12 0136-393-15 0136-421-04 0138-102-12 0138-114-10/11 0138-132-40 0138-201-26 0138-231-02 0138-231-04 0138-231-05 0138-231-09 0138-231-10 0139-252-23 0139-261-21 0139-291-61 0139-303-04 0139-331-04 0140-051-32 0140-181-02 0140-192-26 0140-222-43 0143-023-05 0143-032-37 0145-021-27 0145-031-22 0145-051-21 0145-203-48 0145-242-29 0145-244-07 0150-231-48 0151-144-25 0151-201-06 0154-222-30 0155-102-12 0269-031-02 0269-031-03 0269-031-05 0269-031-06 0269-031-07 0269-031-08 0272-061-16 0280-032-36 596 W. 6th Street 260 E. 4th Street 123 N. Sierra Way 271 E. 2nd Street 1548 W. 5th Street 1316 W. Spruce Street 1096 W. 5th Street 1097 W. 5th Street 300-340 N. "1" Street Same Same Same Same 1048 W. 8th Street 955 W. 9th Street 771 N. Mt Vernon Ave 1017 W. 8th Street 1894 W. 7th Street 1075 N. "E" Street 235 E 10th Street 817 N. "H" Street 2195 N. Herrington 1545 w. 21 st Street 686 W. 21st Street 415 W. Highland Ave 647 W. 21 st Street 1347 Acacia Ave 402 W. Baseline 363 W. 13th Street 2567 N. Sierra Way 4300 N. Sepulveda 3375 N. Del Rosa Ave 1955 E. Marshall Blvd Weed liens on Tax Roll $652.50 $2,517.50 $1,724.00 $1,14750 $2,110.00 $1,822.50 $2,99650 $1,672.50 $762.50 $1,21500 $1,825.00 $1,862.00 $0.00 $0.00 $0.00 $0.00 $0.00 $875.00 $000 $0.00 $222.50 $1,602.00 $0.00 $685.00 $1,317.50 $348.37 $3,37900 $982.50 $1,99750 $0.00 $737.50 $277. 50 $0.00 $1,327.50 $222.50 $172.50 $887.00 $225.00 $1,132.50 $1,095.80 $1,559.00 $1,522.80 $1,621.00 $1,621.00 $1,662.30 $445.00 $2,466.50 Total $123,799.77 $3,091.66 $1,72400 $6,633.78 $15,394.63 $1,822.50 $2,996.50 $25,372.21 $21,43555 $10,281.68 $1,825.00 $18,84962 $194,468.57 $0.00 $0.00 $0.00 $0.00 $7,955.15 $28,97189 $9,720.30 $17,15705 $1,60200 $3,055.59 $685.00 $5,945.42 $348.37 $3,379.00 $40,094.90 $1,997.50 $1,050.10 $1,307.81 $4,317.46 $45,224 70 $18,508.13 $52,131.86 $172.50 $887.00 $13,854.30 $24,426.34 $1,095.80 $1,559.00 $1,522.80 $1,621.00 $1,621.00 $1,662.30 $37,214.26 $2,46650 EXHIBIT "A" TAX SALE PROPERTIES May 2006CONl'INUliD Parcel # Address Code Liens Weedliens on Tax Roll onTaxRolI $0.00 $637.50 $598.76 $0.00 $14,788.16 $0.00 $17,318.62 $222.50 $15,765.64 $0.00 $0.00 $240.00 $17,975.18 $372.50 0280-232-26 0281-233-15 1191-021-48 1191-051-45 1191-051-46 1191-061-46 1191-041-12 Totals 1783 Davidson Street 2105 Dumbarton 2116 E. Sunrise 2130 E. Sunrise 2221 E. 20th Street $777,004.59 Total $637.50 $598.76 $14,788.16 $17,541.12 $15,765.64 $240.00 $18,347.68 $50,164.77 $827,169.36 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): S-I'5-D{o Item# /:;1..- Resolution # :;2(x)fo-/3D Vote: Ayes 1-7 Nays Abstain Absent Change to motion to amend original documents 0 Companion Resolutions NulINoid After: days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: '5 - I (p - 00 Date of Mayor's Signature: ()s;-I9. - 00 Date ofClerklCDC Signature: 5-1 q- 0(--, Reso. Log Updated: [g" Seal Impressed: IlY Reso. # on Staff Report u;(' Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: Date Returned: 2"d Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report Attached: Yes V No By_ Updated Prior Resolutions (Other Than Below): Yes No v By_ - Updated CITY Personnel Folders (6413,6429,6433,10584, 10585, 12634): Yes No V By_ Updated CDC Personnel Folders (55'57): Yes No ~ By_ Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No~ By_ Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator ~ Facilities 0 Parks & Recreation 0 City Attorney Finance 0 Police Department 0 Code Compliance ~ Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: Notes: Ready to File: ~ Date: Revised 12/18/03