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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. - 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 ~~~/ , anne Milligan Contact person: EILEEN GOMEZ Phone: 5920 Supporting data attached: StaffReport/Reso/Exhibit Ward: All FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) {A~~t n,:toc:u"riptinn} Finance: Council Notes: ,'"~.~' - Agenda Item No. I" t' - "3 -Of:} CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ''''- Staff Report SUBJECT: Resolution of the City of San Bernardino objecting to the August 2009 tax sale of properties with City assessments. BACKGROUND: '.>"""," 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. - , '''-1 - 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 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. -',-" 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 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. III III /II III III III /II /II 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 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: ^~ SF. PENMAN Attorney 3 '......... '--, - 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 , 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