[Ord. No. 01-20, § 1, 8-15-2001]
It is the intent of the Town Council to establish and adopt
rules and procedures governing the disposition of certain parcels
of real property acquired by the Town through tax sales conducted
pursuant to G.L. 1956, § 44-9-1 et seq.
[Ord. No. 01-20, § 1, 8-15-2001; amended 5-15-2019 by Ord. No. 19-15]
Whenever the Tax Assessor shall receive a request from the owner
of any real property in the Town of Cumberland that he or she is desirous
of purchasing a Town-acquired tax sale property, the Tax Assessor
shall take immediate steps to determine if a sale of said property
is in the Town's best interest. Upon making a determination that a
sale is in the Town's best interest the Tax Assessor shall forward
a report and recommendation to the Town Council for approval.
[Ord. No. 01-20, § 1, 8-15-2001; amended 1-20-2016 by Ord. No. 15-21]
The provisions of this article shall apply to any lot located
in the Town of Cumberland regardless of zoning designation.
[Ord. No. 01-20, § 1, 8-15-2001; amended 1-20-2016 by Ord. No. 15-21; 5-15-2019 by Ord. No. 19-15]
(a) Any legal resident of this country shall be eligible to acquire Town-owned
tax sale property upon payment of the total sum due including interest
and expenses or other agreed upon sum by the Town Council to the Town
of Cumberland Tax Collector in cash or by certified funds.
(b) Abutting landowners shall be given notice of all proposed sales by
the Tax Assessor's Office. Those landowners shall have a sixty-day
right of first refusal on the purchase of said property.
[Ord. No. 01-20, § 1, 8-15-2001]
(a) Upon approval of any application made under this article by the tax
assessor and Mayor, the Town finance director may assign and transfer
the Town's tax title to any eligible person, and may execute and deliver
on behalf of the Town any instrument necessary for this purpose.
(b) Prior to said transfer, the finance director shall send notice of
the intended assignment to the owner of record at the owner's last
known address, by registered or certified mail and regular mail, postage
prepaid, at least 10 days prior to the assignment. Failure to receive
the notice shall not affect the validity of the assignment.
(c) The price to be paid by the eligible person to the Town is a sum
not less than or more than the amount necessary for redemption.
(d) The instrument of assignment shall be recorded within 60 days from
the date signed and if recorded shall be prima facie evidence of all
facts essential to its validity.
(e) Except as provided herein, all provisions of law applicable in cases
where the original purchaser at a tax sale is other than a city or
Town, shall after this apply in the case of an assignment consistent
with the provision of G.L. 1956, § 44-9-18.
(f) Neither a city or Town of any of its officers, agents or employees
shall be liable or accountable to the owner or to any other person
having an interest in the land for failure to collect rent or other
income from the land; and neither the city or Town nor any of its
officers, agents or employees shall be liable for injury or damage
caused by the possession of land or to the person or property of any
person.