[HISTORY: Adopted by the Sullivan County
Legislature as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-20-2003 by L.L. No. 4-2003]
The purpose of this article is to establish
the policy and procedures in the County of Sullivan for the sale of
parcels of real property no longer needed for County purposes in lieu
of County Law § 215.
When used in this article, the following definitions
apply:
The amount of the town's official assessed value, not including
exemptions, on the latest assessment roll.
The County of Sullivan, a political subdivision of the State
of New York.
The Sullivan County Legislature.
Any individual, group, association, partnership, corporation
or other legal entity.
A.
This subject is presently regulated by county law
§ 215 which requires, except for property which the county
acquired by tax title or accepted for welfare assistance, or lands
purchased or acquired for highways or canals or pursuant to § 850
of the County Law, that upon a determination of the County Legislature
that County property is no longer necessary for public use, such governing
body, by resolution adopted by the affirmative vote of two-thirds
of the total membership taken by roll call and entered into the minutes,
may sell and convey all of the right, title and interest of the County
therein; and that such property may be sold or leased only to the
highest responsible bidder after public advertising; and, if leased,
the term may not exceed five years.
B.
Occasions arise where it is in the best interest of
the County to dispose of real and/or personal property to a specific
third party without the necessity of complying with the requirements
of County Law § 215. In order to accommodate this need,
the Sullivan County Legislature hereby provides for the modification
of the provisions of County Law § 215 so that in the future,
conveyances of property no longer necessary for public use shall be
simplified, obviating the necessity of adopting a local law subject
to permissive referendum.
When the County Legislature shall determine
that any County real or personal property is no longer necessary for
public use, such Board, by resolution adopted by the affirmative vote
of two-thirds of the total membership of the Board taken by roll call
and entered in the minutes, may sell, lease or otherwise convey all
the right, title and interest of the County therein and declare the
terms governing said transaction. The documents of conveyance shall
be approved by the County Attorney and executed by the Chairman of
the Legislature. A contract of sale preceding the conveyance shall
be desirable but not mandatory, and the absence of a contract shall
not negate or otherwise impair the conveyance itself once there has
been execution and delivery. A resolution authorizing a conveyance
shall not be deemed to be a contract, nor to be contractual in nature,
and may be rescinded and revoked by subsequent resolution of the Legislature
at any time prior to the actual consummation of the conveyance. Property
sold, leased or otherwise conveyed pursuant to this provision may
be made to the highest responsible bidder after public advertisement
in the discretion of the Board.
A.
The income and proceeds of the lease or sale of any
County property no longer necessary for public use may be applied
toward the payment of the cost of new sites and buildings or expended
for other lawful County purposes.
B.
Nothing herein shall be construed to authorize the
sale or lease of any County property where such disposition is prohibited
or restricted by law.
C.
All other provisions of County Law § 215
and other statutes not the subject of this legislation shall remain
in full force and effect.
D.
The County may take back a purchase money note and
mortgage as part of the consideration for the purchase price, upon
resolution of the Legislature.
E.
Property may be sold if authorized by local law subject
to permissive referendum in lieu of by resolution, in the discretion
of the Legislature by a majority vote.
[Adopted 3-19-2009 by L.L. No. 2-2009[1]]
[1]
Editor's Note: This article also superseded
former Article II, Property Acquired for Delinquent Property Taxes,
adopted 4-15-2003 by L.L. No. 5-2003.
The purpose of this article is to establish
the policy and procedures in the County of Sullivan 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 amount of the Town's official assessed value of real
property, not including exemptions, on the latest assessment roll.
The County of Sullivan, 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 special district, 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 Sullivan County Treasurer.
The Sullivan County Legislature.
Any individual, group, association, partnership, corporation
or other legal entity.
An advisory board whose membership shall consist of the County
Treasurer, the Director of Real Property Tax Services, the County
Manager and the County Attorney, or their designees. The RPAB shall
hear and discuss real property matters and tax foreclosure matters
for the purpose of advising the Sullivan County Legislature's Real
Property Committee and shall perform all duties requested by said
Committee pursuant to this article. The role of the RPAB shall be
advisory only and shall not be a prerequisite to formal action by
the Legislature.
The duly designated standing committee as defined in the
Sullivan County Code,[1] which shall have jurisdiction of real property matters,
regardless of its title by the Chairman of the Legislature, from time
to time.
[1]
Editor's Note: See The Administrative Code,
§ A2-9(8).
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 Real Property Committee, consistent with applicable
law and after considering the recommendation of the RPAB, determines
that it would not be in the County's interest to take title to the
parcel.
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, or other named grantee, shall be seized of an estate
in fee simple absolute, and absentees and nonresidents, except as
specifically exempted by law, who may otherwise have had any right,
title, interest, claim, lien or equity of redemption in or upon such
parcel shall be barred and forever foreclosed of any such right, title,
interest, claim, lien or equity of redemption. 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.
The County may retain title to one or more properties
for public use, by resolution of the Legislature, 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.
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 County Legislature shall approve a date for a public auction. There shall be at least one public auction each year. Such auction or auctions shall be conducted on behalf of the County by the Enforcing Officer. The County Legislature may authorize the Enforcing Officer and the County Manager to execute a contract from time to time with an auction company to assist with the conduct of the auction. Decisions regarding the sale of specific properties at such auction shall be made by the Enforcing Officer. All parcels, except those sold through a release of the County's interest pursuant to § 164-8B herein, or through a private sale pursuant to § 164-8C herein, or retained for public use, or retained by the County of Sullivan 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 who may seek the advice of the RPAB, the County Legislature and/or the auction company, if any, hired by the County to assist the Enforcing Officer in the conduct of 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,
who may seek the advice of the RPAB, the County Legislature and/or
the auction company, if any, hired by the County to assist the Enforcing
Officer in the conduct of 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 Legislature may, in its discretion, authorize
the Enforcing Officer to conduct more than one public auction annually.
(4)
After all unredeemed parcels have been offered for
sale at public auction, the Legislature 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.
Release of County's interest; repurchase program.
(1)
Upon and after the expiration of the redemption period,
the Legislature may, prior to the public auction, permit the previous
owner of record to repurchase the parcel through a release of the
County's interest. The purchase price of such parcel shall be the
total of the outstanding real property taxes, assessments, charges,
interest, fees and penalties due and owing at the time of the sale;
plus an additional 10% of that total, to be paid to the County's auctioneer,
if any; plus an additional sum in the amount of 5% of the full equalized
assessed value of the property; plus other costs and surcharges, if
any. The repurchase program shall take place annually, following the
execution of the judgment of foreclosure by the Court, commencing
on March 1 and ending at 5:00 p.m. on April 20. This program shall
be available to each former record owner at the time the County commenced
its foreclosure proceeding (by the filing of the in rem pleadings);
however, each said owner must file a written application with the
Enforcing Officer, along with payment in full, in an amount to be
calculated by the Enforcing Officer and received by the Enforcing
Officer no later than 5:00 p.m. on April 20. Personal checks are not
an acceptable method of payment.
(2)
If the release of the County's interest is made upon
and after the expiration of the redemption period but before the judgment
is executed, then the Enforcing Officer shall evidence the release
by canceling and discharging the delinquent liens.
(3)
If the release is made after the judgment, the County
Attorney shall effect the release of the County's interest by preparing
and submitting to the Court which executed the judgment an order discontinuing
the in rem tax foreclosure action as to said property, canceling the
notice of pendency of such action as to said property, and vacating
and setting aside the judgment of foreclosure and the deed, if any,
executed pursuant to such judgment of foreclosure as to said parcels.
The entry of such order shall restore all parties, including owners,
mortgagees, lienors, receivers, administrators and encumbrancers,
to the status each held prior to the time the County acquired judgment
to said property, as if the judgment had never been rendered, and
shall render said property liable for all taxes, deficiencies, liens,
penalties, interest and other charges which shall accrue subsequent
to those paid in order to obtain the release provided for in this
section or which were, for whatever reason, omitted from the payment
made to obtain such release. The deed and other documents of conveyance
shall be recorded by the Sullivan County Clerk even if executed only
by a representative of the County but not the grantee.
(4)
Prior to reacquisition, if the property lies within
a Village, then the party reacquiring the property must demonstrate
written certification and documentation that all outstanding Village
taxes have been paid in full.
(5)
The Legislature reserves the right to not conduct
a repurchase program in any particular year, or to change the terms
of the program in any particular year, by the adoption of a resolution
prior to the commencement of the program that year.
(6)
The Enforcing Officer shall provide notice of the
repurchase program to the former owner by regular first class mail
at the address contained in the most recent tax roll. Not withstanding
this article, the repurchase program shall be deemed discretionary
in that it is not required by state law; therefore, failure of the
Enforcing Officer to mail the notice, or for the recipient to receive
it, shall not give rise to a cause of action against the County.
C.
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 Real
Property Advisory Board. Any such private sale agreements must be
approved by a resolution of the Legislature.
(2)
The Executive Committee of the Legislature shall designate
specific properties for private sale from time to time, without the
need for a formal resolution, on its own initiative or upon a recommendation
of the RPAB. After a parcel has been so designated by the Legislature,
the RPAB shall cull offers and meet with offerors and make recommendations
to the Real Property Committee. The Legislature shall make a final
determination on a case-by-case basis upon the adoption of a resolution.
Any checks or monies received prior to said final determination shall
be promptly returned by the Chair of the RPAB.
(3)
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
herein above, 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.
(4)
The Legislature may engage the services of a real
estate broker and/or its auction company, if any, to assist the County
with the sale of parcels.
(5)
Prior to consummation of the private sale, if the
property lies within a Village, then the party acquiring the property
must demonstrate written certification and documentation that all
outstanding Village taxes have been paid in full.
(6)
In addition to the sales price, the purchaser shall
pay to the County of Sullivan all other lawful charges and fees.
A.
The County shall 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 personality acquired by
the County and authorized by the judgment. All sales shall include
costs in the nature of a surcharge $20 plus a search fee and other
expenses of foreclosure ($150 or more) per parcel, in the discretion
of the Enforcing Officer.
B.
The County of Sullivan 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.
