[Adopted 4-6-2010 by L.L. No. 7-2010]
The purpose of this article is to establish the policy and procedures in the County of Putnam for the sale of parcels of real property not redeemed for delinquent real property taxes, in accordance with New York State Real Property Tax Law Article 11.
When used in this article, the following definitions apply:
The County of Putnam, a political subdivision of the State
of New York.
An unpaid tax, special ad valorem levy, special assessment
or other charge imposed upon real property by or on behalf of a municipal
corporation or tax-imposing entity, plus all applicable charges, relating
to any parcel which is included in the return of unpaid delinquent
taxes prepared pursuant to Real Property Tax Law or such other general,
special or local law.
The Putnam County Commissioner of Finance.
The Putnam County Legislature.
A.
When the appropriate court executes a judgment pursuant to Real Property Tax Law Article 11 awarding title to one or more parcels of real property to the County, then the County shall take possession of any such parcel, unless:
(1)
Such parcel has been withdrawn from the proceeding; or
(2)
The County as a matter of law is not permitted to take possession
of such parcel; or
(3)
The enforcing officer and the County Attorney, consistent with applicable
law, had determined that it would not be in the County's interest
to take title to the parcel. In such event the enforcing officer shall
provide written notice of same to the Legislature.
B.
Upon execution by the enforcing officer of a deed to such parcel or parcels, pursuant to Real Property Tax Law Article 11, the County shall be seized of an estate in fee simple absolute. Upon the execution of the judgment of foreclosure by the Court, the execution and/or recording of the deed by the enforcing officer shall be ministerial.
C.
Once a tax deed is recorded by the Enforcing Officer, the County
Attorney shall submit a detailed list of those parcels included in
said deed to the Legislature for review. The Legislature may then
decide to retain title to one or more properties for public use, by
resolution, or it may sell or release its interest in such parcels
as set forth herein.
D.
The judgment may include a provision granting title to all personal
property deemed abandoned on the realty.
[Amended 7-3-2012 by L.L. No. 10-2012; 2-7-2014 by L.L. No.
3-2014]
A.
Public auction.
(1)
Within a reasonable time after the Court renders judgment in favor
of the County, authorizing the Enforcing Officer to convey title to
the County, the Enforcing Officer and the County Attorney shall establish
a date for a public auction. The County shall endeavor to hold at
least one public auction each year, or when otherwise needed, as is
determined by the Enforcing Officer and the County Attorney. Such
auction or auctions shall be conducted on behalf of the County by
the Enforcing Officer and the County Attorney. The Enforcing Officer
and the County Executive may execute a contract from time to time
with an auction company to assist with the auction. All parcels, except
those sold through a private sale pursuant to the provisions herein,
or retained for public use, or retained by the County of Putnam for
future determination, or conveyed to another municipality for public
use, shall be subject to a public auction. Public notice of such auction
shall be made at such times, places and manner in the discretion of
the Enforcing Officer and the County Attorney who may seek the advice
of the auction company, if any, hired by the County to assist with
the auction.
(2)
The terms of sale for the annual public auction shall be prepared,
and modified from time to time, by the Enforcing Officer and the County
Attorney, who may seek the advice of the auction company, if any,
hired to assist in the auction. Bids made at such auction shall be
subject to final approval by resolution of the Legislature, and any
bid may be rejected by resolution of the Legislature in its sole discretion.
(3)
The Enforcing Officer and the County Attorney shall have the authority
to make any and all decisions of a ministerial or procedural nature
which may arise during the course of the conduct of said public auction.
(4)
The Enforcing Officer and the County Attorney shall be authorized
to conduct more than one public auction annually, if necessary.
(5)
After all unredeemed parcels have been offered for sale at not less
than two public auctions, the County shall attempt to sell any unsold
parcels at private sale or subsequent public auction or retain one
or more specific parcels for public use.
B.
Private sale.
(1)
Anything above to the contrary notwithstanding, a private sale may
be authorized on a case-by-case basis by resolution of the Legislature
after considering the recommendation of the Enforcing Officer, the
County Attorney and the Director of Real Property Tax Services. Any
such private sale agreement must be approved by a resolution adopted
by the affirmative vote of 2/3 of the total membership of the Legislature.
(2)
The Legislature retains sole discretion to approve a private sale,
or not, in the best interest of the County, keeping in mind that it
is otherwise the policy of the County, as expressed hereinabove, that
real property not retained for public use shall be sold at public
auction. The following are examples of criteria to be used to approve
a private sale, but this list is not intended to be exhaustive:
(a)
Sale of property when it has been determined by the Legislature
that an environmental condition may exist on said property, such that
it would likely be unmarketable to the general public.
(b)
Sale of property to a governmental entity for public use.
(c)
Sale of property when physical or legal conditions exist which
would make the sale thereof at public auction impractical or unadvisable.
(e)
Sale of property where it has first been determined by the Legislature that it would be most financially advantageous to the County to offer said property for sale through the applicable multiple listing service by utilizing the services of a licensed real estate broker, selected in accordance with the applicable provisions of Chapter 140 of the Putnam County Code. The initial offer amount shall be determined by the Enforcing Officer, based upon a certified appraisal and/or a comparative market analysis, and with the advice and recommendation of the County Attorney, the Director of Real Property Tax Services, and the licensed real estate broker so retained and approved by the Legislature. Any and all subsequent modifications to the offer amount shall thereafter be determined by the Enforcing Officer based upon the advice and recommendation of the licensed real estate broker so retained and approved by the Physical Services Committee of the Putnam County Legislature which shall inform other members of the Legislature of the modification. In the event that the property so listed in the multiple listing services does not sell within one year of its listing then the property shall be sold at public auction pursuant to § 31-8(A)(1) of the Putnam County Code unless the Legislature extends the period of listing.
[Amended 12-6-2016 by L.L. No. 8-2016]
(3)
In no event shall any property be sold at private sale pursuant to
this article for the purpose of promoting economic development, except
for a sale through the applicable multiple listing service by utilizing
the services of a license real estate broker.
(4)
In addition to the sales price, the purchaser shall pay to the County
of Putnam all other lawful charges and fees.
A.
The County may convey all parcels to be conveyed to a third party
by the terms of this article by quitclaim deed. All sales may include
a concurrent sale of the personalty acquired by the County and authorized
by the judgment. All sales may include all other lawful charges and
fees as is determined by the Enforcing Officer.
B.
The County of Putnam shall not be liable for any physical condition
of the property notwithstanding the County's ownership thereof.
C.
The Legislature shall have final approval over all conveyances covered
by this legislation.
