The City Treasurer is hereby authorized and
directed to sell annually at public auction, as he may be directed
by the Common Council, to the highest bidder all the right, title
and interest of the City of Rensselaer in such land in said city which
the city is the owner and has or will have purchased at sales for
nonpayment of taxes and assessments, and also all the right, title
and interest of the County of Rensselaer in and to lands purchased
or will be purchased by it at sales for nonpayment of taxes, situate
in said city, notwithstanding the time of redemption from such sales
is not expired and that the city or county has not completed its title
under such sales.
This sale will be and is to be known as an "arrears
sale" and shall be held on the first day of October in each year or,
should that day be Sunday or a legal holiday, then the next succeeding
business day.
[1]
Editor's Note: Former § 213, All
or part of city and county tax titles to be sold, was repealed by
L.L. No. 3-1990.
The City Treasurer shall cause to be published
in the official newspaper of the city at least three weeks prior to
each arrears sale a list of property to be sold and a brief description
of each parcel and the terms of sale, which terms of sale shall be
prescribed by the Common Council by resolution. Each parcel shall
be sold separately to the highest bidder therefor, who shall divide
his bid into two parts; by one he shall state the amount offered by
him for the right, title and interest of the City of Rensselaer and
the other part the right, title and interest of the County of Rensselaer
in and to such lands.
Within 24 hours after the sale, each bidder
shall pay to the City Treasurer the amounts of his bids and shall
receive at the same time a certificate of purchase from the City Treasurer
of the right, title and interest of the City of Rensselaer in such
lands purchased by him. The City Treasurer shall prepare a statement
to be signed by him in his official capacity and under the Official
Seal of the City of Rensselaer and shall specify therein a description
of all the property sold by him, wherein the County of Rensselaer
shall have any right, title and interest as contained in the notice
of sale, the name of the purchasers and the amounts paid by them for
the right, title and interest of the County of Rensselaer in such
lands and shall immediately file the same with the County Treasurer
of Rensselaer County and shall pay such County Treasurer, the amount
of such bids for such county's right, title and interest, and thereupon
the County Treasurer shall issue a certificate of purchase to the
purchaser or purchasers of such county's right, title and interest
in such lands so purchased by such bidders.
Any party interested in one or more parcels
sold as herein provided shall have the right to redeem from such arrears
sale at any time within six months thereafter by paying to the City
Treasurer of the City of Rensselaer and also to the County Treasurer
of the County of Rensselaer for the benefit of the purchaser at such
arrears sale the amount of money which would have been necessary for
such parties so redeeming to have paid on the date of such arrears
sale or prior thereto, with interest and all the charges accrued thereon
to the date of such redemption, for each of the tax sale titles held
by the City of Rensselaer and by the County of Rensselaer at the time
of such sale, with addition thereon of interest at 1% per month from
the date of such arrears sale to the date of redemption.
At the expiration of six months from the date
of such arrears sale, the purchaser thereat may surrender his certificates
of purchase to the Treasurer of the City of Rensselaer and to the
Treasurer of the County of Rensselaer and without further expense
obtain from the City Treasurer of the City of Rensselaer and from
the County Treasurer of the County of Rensselaer quit claim deeds
reciting the facts and conveying absolutely to the purchaser all the
right, title and interest to the described property held by the City
of Rensselaer and the County of Rensselaer and sold at such arrears
sale and which deeds shall be executed by the said Treasurers and
the execution thereof proved or acknowledged in the manner required
by law for the proof or acknowledgment of deeds to be recorded, and
provided that said lands have not prior thereto been redeemed as provided
by this Title X.
After the six months to redeem have expired as herein provided, the former owner and everybody claiming any interest in and to said property shall be barred forever from asserting or enforcing any such claim or title, if any, and the City Treasurer's deed and the County Treasurer's deed or either of them above mentioned will be conclusive evidence that all the proceedings prior to such arrears sale and at such arrears sale and subsequent thereto have been in compliance with law in every particular, and in order to make a redemption of such lands from such sales, it will be necessary for such persons so redeeming to fully comply with § 216 of this Title X.
The grantee under any such conveyances or either
of them or his assigns, as the case may be, shall be entitled to have
and possess the granted lands from and after the execution of such
conveyances and cause the occupants of such lands to be removed therefrom
and possession thereof delivered to him or them by the same manner,
by the same proceedings and by and before the same court or officer
as in case of a tenant holding over after the expiration of his term
without permission of his landlord.
[Amended by L. 1920, c. 866]
The arrears sale to be held under this Act,
by the City Treasurer of the City of Rensselaer, October 1, 1915,
and each year thereafter shall include such tax sale titles held by
the City of Rensselaer and by the County of Rensselaer in the City
of Rensselaer which may be specified by the Common Council to be sold,
which shall have been acquired by the city or by the said county two
or more years prior to such arrears sale.
All moneys received by the City Treasurer and
the County Treasurer of the County of Rensselaer from such sales shall
be credited by them as for moneys received for the redemption of lands
purchased by the City of Rensselaer or by the County of Rensselaer
for nonpayment of taxes and assessments.
The Common Council is hereby authorized by a
2/3 vote of all the members elected to such Common Council to order
and direct the City Treasurer to receive from a purchaser on an arrears
sale who has received his deeds therefor as provided by this Title
X such sum as may be determined by the Common Council, in full payment
and satisfaction of any special assessment or assessments unpaid against
premises so sold to him or them.
