As used in this code, "tax deeded property" means the interest
in any property which this City has on account of the property being
tax deeded to the City, together with such other interest, if any,
in the same property as this City may have acquired other than by
tax deed to the City.
(Prior code § 8-021.1)
The procedure to sell "tax deeded property" is as set forth in Sections 3.04.1040 to 3.04.1230, inclusive.
(Prior code § 8-021.2)
Any person may apply in writing to the Tax Collector to purchase
tax deeded property, tendering the amount bid.
(Prior code § 8-021.3)
The application shall describe the property and shall be accompanied
by a sum sufficient to defray the costs of advertising and conducting
the sale. If the applicant fails to secure the property due to being
outbid, the sum shall be returned to him or her and these costs shall
be collected from the successful bidder.
(Prior code § 8-021.4)
At any time without application the Tax Collector may publish
a notice of intent to sell tax deeded property.
(Prior code § 8-021.5)
The notice of intent shall specify:
A.
A description
of the property.
B.
A detailed
statement of the amount that was needed for redemption just before
deed to the City.
C.
The
name of the last assessee of the property.
D.
The
terms by which the City acquired any interest in the property other
than by tax deed to the City, if any such interest was acquired.
E.
The
assessed value of the property and the amount required to redeem said
property at the time of application.
(Prior code § 8-021.6)
The notice of intent shall be effective for a two year period
and shall invite bids to be made and filed in the office of the Tax
Collector. Upon receipt of a bid (and a deposit of 35 percent thereof)
which in the opinion of the Tax Collector constitutes a fair offer
for the property bid upon, the Tax Collector shall file a written
request with the Council for consent to the sale. This request shall
contain the name of the bidder, the amount bid and the information
set forth in the preceding section.
(Prior code § 8-021.7)
On receipt of the resolution from the City Council allowing
the sale the Tax Collector shall publish notice of the intended sale
once in a newspaper published in the City. A copy of the notice shall
also be mailed to the governing board of every taxing agency having
unpaid taxes which are a lien on the property. The publication shall
be completed at least 21 days before the sale.
(Prior code § 8-021.8)
The notice of intended sale shall state:
A.
The
time and place of the intended sale.
B.
A description
of the property to be sold.
C.
The
name of the last assessee of the property.
D.
The
assessed value of the property.
E.
The
minimum price at which the property will be offered at public auction.
(Prior code § 8-021.9)
The Tax Collector may publish an additional notice of the sale
in a newspaper or otherwise, but the cost of this additional notice
is not a required cost to be included in the minimum price.
(Prior code § 8-021.10)
The cost of the publication of the foregoing notice shall be
borne in the following manner:
On every tax deed bid, the original bidder shall deposit with
the Tax Collector the sum of $7.00. If the applicant fails to secure
the property due to being outbid, this sum shall be returned to him
or her and $7.00 will be collected from the successful bidder.
(Prior code § 8-021.11)
Pursuant to said notice, the Council shall call for bids before
approving the request of the Tax Collector. If a bid of at least 10
percent more than the amount bid is received, the property will then
be placed on auction and sold to the highest bidder, provided the
Council finds that the sum offered or bid is not disproportionate
to the market value of the property. The Council shall either consent
to and approve said sale or disapprove said sale within 15 days after
the hearing. Failure to do so, however, within said 15 days, shall
not void the proceedings. Said property may be sold for less than
the total taxes or assessments liened against it, whenever the Council,
by resolution, declares that the value of said property is insufficient
to satisfy the total amount of said taxes and assessments, and that
it is for the best interest of the City to sell said property for
less than the aggregate tax liens against it. The property shall not
be sold to the former record owner.
(Prior code § 8-021.12)
Upon approval of the sale by the Council the following procedure
shall be followed:
A.
If
the original bidder is the successful bidder he or she shall pay to
the Tax Collector within five days of the date of said sale the balance
of the approved sale price after credit has been given for the deposit.
B.
If
a new bidder is the successful bidder, he or she shall pay 35 percent
of the approved sale price immediately upon approval of said sale
and the balance thereof plus $7.00 shall be paid within five days
thereafter.
C.
If
the full amount of the approved sale price has not been paid by the
successful bidder to the Tax Collector within five days after the
approval of the sale by the City Council, the bidder's deposit shall
be deemed to have been forfeited to the City and the sale canceled,
in which event the property may be again offered for sale by the Tax
Collector under the same terms and conditions as though sale had been
made.
(Prior code § 8-021.13)
On receipt of the full purchase price, the Tax Collector shall,
without charge, execute a deed, duly acknowledged or proved, conveying
the property to the purchaser or assigns.
(Prior code § 8-021.14)
In addition to the usual provisions of a deed conveying real
property, the deed shall specify:
A.
That
the real property was duly sold and conveyed to the City for non-payment
of taxes, which had been legally levied and were a lien on the property.
B.
That
the City, through the Tax Collector, has sold the property at public
auction.
C.
The
interest, if any, in the same property that the City may have acquired
other than by tax deed to the City.
D.
That
the grantee became (the name of the purchaser) and the amount for
which the property was sold to him or her inclusive of advertising
costs.
E.
That
the property is therefore conveyed to the purchaser according to law.
(Prior code § 8-021.16)
Except as against actual fraud, the deed duly acknowledged or
proved is conclusive evidence of the regularity of all proceedings
from the assessment of the Assessor to the execution of the deed,
both inclusive.
(Prior code § 8-021.16)
The deed conveys title to the purchaser free of all encumbrances
of any kind existing before the sale, except:
A.
Any
lien for installments of special assessments, which installments will
become payable upon the secured roll after the time of the sale.
B.
The lien for taxes or assessments or other rights of any taxing agency which does not consent to the sale under Section 3.04.1200.
C.
Liens
for special assessments levied upon the property conveyed which were,
at the time of the sale under this code, not included in the amount
necessary to redeem the property from the sale to the State, and,
where a taxing agency which collects its own taxes has consented to
the sale under this code, not included in the amount required to redeem
from sale to such taxing agency.
D.
Easements
constituting servitudes upon or burdens to the property; water rights,
the record title to which is held separately from the title to the
property; and restrictions of record.
(Prior code § 8-021.17)
Within 10 days after the sale, the Tax Collector shall report
to the County Recorder and the City Assessor the following:
A.
The
name of the purchaser.
B.
The
date of sale and, if executed, of the deed to the purchaser.
C.
The
amount for which the property was sold.
D.
The
description of the property conveyed.
E.
The
numbers and dates of certificate of sale to the City and of the tax
deed to the City.
(Prior code § 8-021.18)
A.
If
any other taxing agency has a tax lien on, or tax title to, any interest
in tax deeded property, the City Council or the Tax Collector may,
with the approval of the City Council, join with the other taxing
agency in selling the tax deeded property in order to give the purchaser
the rights of the other taxing agency as well as the City's title.
The Tax Collector may, subject to such terms and conditions as may
be imposed by the City Council, either:
B.
The
City may contract with the other taxing agency as to any matters not
otherwise covered by law.
(Prior code § 8-021.19)
The Director of Finance is hereby authorized and directed to make appropriate entries canceling all City taxes and/or assessments liened against such property, excepting those set forth in Section 3.04.1180.
(Prior code 8-021.20)
The purchaser of tax sold property or tax deeded property is
entitled to a refund from the City of the amount paid as purchase
price if:
A.
It
is determined by final judgment of a court that the sale or deed of
the property is void.
B.
It
is determined by resolution of the City Council that the property
belongs to the United States, this State, or any City or political
subdivision of this State and has been erroneously sold for taxes.
C.
The
sale or deed is legally canceled.
(Prior code § 8-021.21)
The claim for refund shall be presented in the same manner as
other claims against the City and within one year after the judgment
becomes final or the resolution is passed. There shall be credited
on the amount due the purchaser any portion of the purchase price
repaid to him or her under any judgment of a court.
(Prior code § 8-021.22)
