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HomeMy WebLinkAbout10-Code Enforcement e e e 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 e e e 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. e 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 tit e 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. e 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 e e 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. III III III !II !II !II !II !II 2 e 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 ie e 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 3 e 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 e