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HomeMy WebLinkAbout14-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: May 25, 2006 MCC Date: 06-19-2006 Synopsis of Previous Council Action: 04/07/03 - Resolution No. 2003-76, objecting to the 2003 tax sale of properties with city assessments. 07/21103 - 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. Recommended Motion: Adopt Resolution /LJL f)~ Glenn Baude Contact person: EILEEN GOMEZ Phone: 5920 Supporting data attached: Staff ReportlResolExhibit Ward: All FUNDING REQUIREMENTS: Amount: None Source: (Accl. No.) (A,..,..t n~c:~rirtinn) Council Notes: KfSD. JDDfo -J~ J Finance: Agenda Item No. ~ /IfjnJo ~ 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 oftax 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 AUGUST 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 August, 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. YLo. 1'/ ~ IIPr0~ 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 AUGUST 2006 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. III III III III III III III 1/1 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 AUGUST 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: -/L~ es F. Penman, City Attorney 3 ~.... \.." e """,vf\*,,~~' ~.ax\RolI .-~."'.~,~..,............--- 0134-023-19 $652.50 $123,799.77 . 0135-191-07 $1,724.00 $1,724.00 0135-301-11 271 E. 2nd Street $2,110.00 $15,394.63 0136-182-12 $1,822.50 $1,822.50 0136-393-15 $2,996.50 $2,996.50 0136-421-04 $1,672.50 $25,372.21 0138-034-12 $1,494.50 $1,494.50 0138-102-12 1548 W. 5th Street $20,673.05 , $762.50 $21,435.55 0138-114-10/11 1316 W. Spruce Street $9,066.68 $1,215.00 $10,281.68 0138-132-40 1096 W. 5th Street $0.00 $1,825.00 $1,825.00 0138-201-26 1097 W. 5th Street $16,987.62 $1,862.00 $18,849.62 0138-202-08 1001 W. 5th Street $1,119.50 $1,119.50 0138-202-09 W. 5th Street $1,084.50 $1,084.50 0138-231-02 300-340 N. "I" Street $194,468.57 $0.00 $194,468.57 0138-231-04 Same As above $0.00 $0.00 0138-231-05 Same As above $0.00 $0.00 0138-231-09 Same As above $0.00 $0.00 0138-231-10 Same As above $0.00 $0.00 0139-252-23 1048 W. 8th Street $7,080.15 $875.00 $7,955.15 0139-261-21 955 W. 9th Street $28,971.89 $0.00 $28,971.89 .- 39-291-61 771 N. Mt. Vernon Ave $9,720.30 $0.00 $9,720.30 '-" 0139-303-04 1017 W. 8th Street $16,934.55 $222.50 $17,157.05 0139-331-04 1894 W. 7th Street $0.00 $1,602.00 $1,602.00 0140-051-32 1075 N. "E" Street $3,055.59 $0.00 $3,055.59 0140-181-02 235 E. 10th Street $0.00 $685.00 $685.00 0140-192-26 817 N. "H" Street $4,627.92 $1,317.50 $5,945.42 0140-201-33 808 N. "F" Street $4,801.24 $4,801.24 0140-222-43 $0.00 $348.37 $348.37 0140-294-20 186 W. 7th Street $469.50 $469.50 0141-071-67 $372.50 $372.50 2233 W. King Street $692.50 $692.50 $1,082.50 $1,082.50 2195 N. Herrington $0.00 $3,379.00 $3,379.00 0143-032-37 1545 W. 21 st Street $39,112.40 $982.50 $40,09490 0144-131-49 $1,69200 $1,69200 0144-131-50 $2,305.50 $2,30550 0145-021-27 686 W. 21st Street $0.00 $1,997.50 $1,997.50 0145-031-22 415 W. Highland Ave $1,050.10 $0.00 $1,05010 -21 647 W. 21st Street $570.31 $737.50 $1,307.81 0145-203-48 1347 Acacia Ave $4,039.96 $277.50 $4,317.46 402 W. Baseline $45,224.70 $0.00 $45,224.70 0145-244-07 363 W. 13th Street $17,180.63 $1,327.50 $18,508.13 0150-231-48 2567 N. Sierra Way $51,909.36 $222.50 $52,131.86 0151-144-25 $0.00 $172.50 $172.50 0151-201-06 $0.00 $887.00 $887.00 - 0154-222-30 4300 N. Sepulveda $13,629.30 $225.00 $13,854.30 '- 55-102-12 3375 N. Del Rosa Ave $23,293.84 $1,132.50 $24,42634 0269-031-02 $0.00 $1,095.80 $1,095.80 Exhibit "A" c 0269-031-03 0269-031-05 0269-031-06 0269-031-07 0269-031-08 0272-061-16 0272-372-59 0279-301-04 0280-032-36 0280-232-26 0281-233-15 1191-021-48 1191-051-45 1191-051-46 1191-061-46 1191-041-12 1955 E. Marshall Blvd Sterling Avenue 1075 E. 3rd Street 1783 Davidson Street 2105 Dumbarton 2116 E. Sunrise 2130 E. Sunrise 2221 E. 20th Street $0.00 $1,559.00 $1,559.00 $0.00 $1,522.80 $1,522.80 $0.00 $1,621.00 $1,621.00 $0.00 $1,621.00 $1,621.00 $0.00 $1,662.30 $1,662.30 $36,769.26 $445.00 $37,214.26 $3,536.10 $3,536.10 $2,486.90 $2,486.90 $0.00 $2,46650 $2,466.50 $0.00 $637.50 $637.50 $598.76 $0.00 $598.76 $14,788.16 $0.00 $14,788.16 $17,318.62 $222.50 $17,541.12 $15,765.64 $0.00 $15,765.64 $0.00 $240.00 $240.00 $17,975.18 $372.50 $18,347.68 ...... "-" iT'D.. tal~_T~;!jMf!l'~~~.:ll:~~fi,11($iiO~94,r15'10"~V,;$6i,63iT611ll<'1!Jl'.$ll3if5ll1Ff "~,,,-...-..,~,,,~~1;mW!~:~J$;h~#_1<.lt..~~~@~T~-:S:-~.4\~1'iit; '.,,,,.,"C:~- ,....r"""".<J.<<-.~\.""'". _,_,_._ ,_"_"=,;""",~~-",'_'~',."_,l"'-""',,,'e.,,,,, '-" Exhibit "A" '. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~ Item # ~ Resolution # Vote: Ayes J.,: ''\ ~ }c; Nays D Abstain 7 Change to motion to amend original documents D Companion Resolutions d OOb~ I q I Absent J 'f--(p Null/Void After: days / Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D POST D RECORD W/COUNTY D Date Sent to Mayor: ( {l (;).../1 () Ct. Date of Mayor's Signature: ItJj~J / ~ Date ofClerk/CDC Signature: It I d-d- I By: Reso. Log Updated: JZj Seal Impressed: ~ Reso. # on StaffRep04 Date Memo/Letter Sent for Signature: 1" Reminder Letter Sent: Date Returned: 2"d Reminder Letter Sent: Not Returned: D Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985,8234,655,92-389): Yes / No By~ ~ Yes No ./ By~ Yes No-L By~ Yes No ~y~ Yes No~ By~ Copies Distributed to: Animal Control D EDA City Administrator D Facilities City Attorney ~ 'EcVf\JiV Finance Code Compliance :~ L.~ Fire Department Development Services D Human Resources Others: D Information Services D D Parks & Recreation D ~ \JVUSJU c'cfolice Department D D Public Services D D Water Department D Notes: Ready to File: _ Date: Revised 12/18/03