[HISTORY: Adopted by the City Council of the City of Laconia 5-31-1994 by Ord. No.
253-94.11. Amendments noted where applicable.]
This chapter establishes procedures that shall apply to each
and every parcel of real property that the City has obtained through
the execution of a tax deed.
A.
If, after the execution of any real estate tax lien, the subject
property is not redeemed within the time period prescribed by applicable
statutory law, the Tax Collector shall deed the unredeemed property
interest to the City in accordance with that statutory law.
B.
At any time prior to the Tax Collector's conveyance to the City,
whether before or after receipt of the Tax Collector's notice
of intent to convey, the City Manager may certify to the Tax Collector
that the City will not, under any circumstances, accept a deed to
the property. This certification shall be subject to the following
provisions:
(1)
A certification shall be issued in every case if the City Manager
has reason to believe that acceptance of a deed to the subject parcel
will expose the City to liability for environmental impairment under
the provisions of the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, 42 U.S.C. § 9601 et seq., the
Resource Conservation and Recovery Act, 42 U.S.C. § 6901
et seq., RSA 147-A and 147-B or any other federal or state environmental
statute.
(2)
A certification may be issued in any case for other reasons, unless
the applicable statutory law imposes a limitation.
(3)
All certifications shall state the reason or reasons why the City
will not accept a deed and the City Manager shall provide copies to
the Mayor and the City Council in every case.
C.
The City Council may, after receipt of the City Manager's certification
that the City will not accept a particular deed, vote to reverse the
City Manager's decision. In the event of any such reversal, the
Tax Collector shall proceed to execute and deliver a deed to the City
following the procedures outlined in the applicable statutory law.
D.
Every deed from the Tax Collector to the City shall be in the form
prescribed by applicable statutory law, as it may be amended from
time to time, and shall be executed and recorded only after the Tax
Collector has complied with this chapter and with the procedures and
notice provisions prescribed by applicable statutory law.
E.
The city shall at all times maintain a current list of property deeded
to the City in satisfaction of unpaid real estate taxes and remaining
in the City's ownership. This list shall show, with respect to
each piece of property, the following information:
(1)
The Assessor's street, map and plat numbers.
(2)
The location by street and number or other appropriate description.
(3)
The name of the former owner or owners together with his/her/their
last known address.
(4)
The book and page where the deed to the City is recorded in the Belknap
County Registry of Deeds.
(5)
The date of delivery of the tax deed to the City.
(6)
The total consideration paid for the deed, including taxes, interest,
fees and costs.
(7)
The assessed valuation of the real property.
F.
After any conveyance to the City, the City shall annually update
the list.
A.
Unless the City Council shall, in accordance with § 183-2 of this chapter, make a determination to the contrary, the City Manager is authorized to sell the property obtained through the execution of a tax deed according to the following procedure:
(1)
All such property shall be sold through sealed competitive bids.
(2)
In every case, the advertising required by this subsection shall,
at a minimum, consist of the publication of all of the following information
in a newspaper of general circulation in the City of Laconia at least
10 calendar days in advance of the deadline for the City's receipt
of sealed bids.
(a)
The nature and location of each property to be sold.
(b)
The deadline for the City's receipt of sealed bids, the
place where the bids shall be mailed or delivered and the date, time
and place of the bid opening.
(c)
The terms, conditions, rules and procedures that will govern
the bidding and sale of each property.
(d)
The map, street and lot number shall be listed for each property,
as will the actual street address and type of property (single-family
dwelling, land, industrial land and square footage of any building,
etc.) as well as the Registry of Deeds book and page number.
B.
The city shall determine the form, time, date and conduct of any
sale, except that all sales must be open to the public and provide
for sealed competitive bidding.
C.
No property shall be sold for less than a total of the following:
all unpaid taxes, all interest on all unpaid taxes, all fees charged
against said property after its conveyance to the City and all reasonable
attorney's fees, recording costs, advertising fees, publication
costs and other administrative fees and costs incurred in preparation
for the conduct of the sale.
D.
If no bid is received that totals these taxes, interest, fees and charges, the City Council shall (following the completion of the sealed competitive bidding) have the discretion to accept the highest bid received, decline all bids and retain the property for the use and benefit of the City or again market the property and offer it for sale in accordance with the procedures set forth in § 183-3 of this chapter.
E.
Any deed of transfer resulting from the City's sale to a third
party may contain:
(1)
A condition stating that the deed will not be effective to transfer
title and that there shall be no use or occupancy of the subject property
until the deed is duly recorded in the Belknap County Registry of
Deeds;
(2)
Such restrictions or covenants as the City may consider necessary
to ensure the grantee's compliance with all city ordinances,
regulations and the Master Plan;
(3)
Such restrictions or covenants as the City may consider necessary
to protect the health, safety and general welfare of the residents
of the City or the grantees; and/or
(4)
Such reservations, easements or other rights as the City may consider
reasonable or necessary to protect the health, safety and general
welfare of the residents of the City or the grantees.
A.
The City Manager may, at any time between the City's acceptance
of the Tax Collector's deed and the scheduled date of the opening
of the sealed bids, certify, in writing, to the City Council that
the City has a present and reasonably foreseeable use for the property.
Delivery of such certification shall result in:
B.
The City Council may, at any time after receipt of the City Manager's written certification of the City's present or foreseeable use of a parcel, vote to reverse the City Manager's determination. In the event of any such reversal, the City shall thereafter proceed to sell the subject parcel in accordance with § 183-3 of this chapter.
A.
The City Manager may, at the time between the City's acceptance
of the Tax Collector's deed and the scheduled date for the opening
of sealed bids, certify in writing to the City Council that a specific
property has certain characteristics and, that in the City Manager's
opinion, because of these characteristics, the property should not
be sold according to the procedures identified in § 185-3.
Delivery of such certification shall result in:
B.
The City Council may, at any time after receipt of the City Manager's
certification of the property's special characteristics, vote
to reverse the City Manager's determination. In the event of
any such reversal, the City shall thereafter proceed to sell the subject
property in accordance with § 185-3.
C.
In the event that the City Council agrees with the City Manager's
determination, the City Council may authorize the City Manager to
obtain an appraisal and sell the property by such means as are consistent
with the character of the property, including but not limited to public
auction or negotiated sale to a single, private purchaser.
D.
The City Council may further authorize the City Manager to advertise
the property in a manner consistent with the chosen method of sale,
including but not limited to placement with a real estate or commercial
property broker. In the case of a negotiated sale to a single private
purchaser, a two-thirds vote is required for the sale of the property.
The City Manager is hereby authorized and empowered in the name
and on behalf of the City of Laconia to execute and deliver quitclaim
deeds, subject to the foregoing provisions, to purchasers of real
estate sold under this chapter.
A.
The City Manager may at any time, with respect to any tract or parcel
of real property that the City owns and has acquired by means other
than a tax deed, make a written certification to the City Council
that the City has no present or reasonably foreseeable use for the
property and that it is surplus.
B.
Following the determination that a certain property owned by the
City is surplus and available for sale, the City Council shall hold
a public hearing in accordance with § 183-6B(1).
(1)
Following a determination that a certain property is surplus, the
City Council shall hold a public hearing to obtain citizen comment.
The advertisement for public hearing shall, at a minimum, list the
street address, Tax Map-street-lot number, a brief description of
the property and shall be advertised for a period of no less than
seven days prior to the public hearing.
C.
Following a public hearing and unless the City Council votes to remove
a parcel from consideration for sale, the City may proceed with the
sale of this property according to the following procedure:
(1)
Except for property sold according to Article I of this chapter, all property shall be sold through sealed competitive bids.
(2)
In every case, the advertising required by this section shall, at
a minimum, consist of the publication of all the following information
in a newspaper of general circulation in the City of Laconia at least
10 calendar days in advance of the deadline for the City's receipt
of sealed bids:
(a)
The nature and location of each property to be sold.
(b)
The deadline for the City's receipt of sealed bids, the
place where the bids shall be mailed or delivered and the date, time
and place of the bid opening.
(c)
The terms, conditions, rules and procedures that will govern
the bidding and sale of each property.
(d)
The map, street and lot number shall be listed for each property,
as will the actual street address and type of property (single-family
dwelling, land, industrial land and square footage of any building,
etc.), as well as the Registry of Deeds book and page number.
(3)
The city shall determine the form, time, date and conduct of any
sale, except that all sales must be by sealed competitive bidding.
D.
The City Council shall retain the right to reject any and all offers
made on such property.
A.
The City Manager may at any time, with respect to any tract or parcel of real property that the City owns and has acquired by means other than tax deed, receive a written offer to purchase the property from any private party. Upon receipt of any such offer, the City Manager shall provide a copy of the offer to the Mayor and City Council and evidence that the property is eligible for sale according to § 183-7 of this chapter.
B.
Once the City Council has received a proposal and determines it is
eligible for sale, the City Manager may be authorized to obtain an
appraisal on the subject property from a State of New Hampshire licensed/approved
and qualified appraiser.
C.
Following receipt of the appraisal, the Mayor and Council may, at
their option, either control the negotiations with the offeror acting
through the City Manager or authorize the City Manager to finalize
the negotiations, subject to the approval of the Mayor and City Council.
D.
Any Council vote authorizing the sale of City-owned real estate according
to this section shall be by a margin of two-thirds vote.
E.
The City Council retains the right to reject any and all offers made
on such property.
