To: Board of Supervisors
From: Treasurer-Tax Collector
Meeting Date: March 12, 2019
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Department Contact: |
Shari L. Schapmire |
Phone: |
234-6884 |
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Department Contact: |
Kristy Pierce |
Phone: |
234-6882 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Adoption of Resolution Approving the Request to Sell Tax-Defaulted Property Subject to the Power of Sale
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Recommended Action/Motion:
recommendation
Adopt Resolution approving the request to sell tax-defaulted property subject to the power of sale; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
Board of Supervisors approves resolution annually. Board previously approved the attached resolution on February 27, 2018 for an auction held in June 2018.
Summary of Request:
Under California law, after a period of five years from the first year of tax-default, during which time the assessee retains the legal title to the property and has the privilege of redeeming it upon payment of the amount due, the tax collector records a Notice of Power to Sell Tax-Defaulted Property. Such property is subject to redemption as long as the property is not sold at auction. The tax collector has the authority to sell the tax-defaulted property at public auction, the minimum price at which property may be offered for sale, pursuant to Revenue and Taxation Code §3698.5(a), is an amount not less than the total amount necessary to redeem, plus costs.
Any parcels remaining unsold may be re-offered at a new sale within 90 days of the original sale date, pursuant to Revenue and Taxation Code §3692(e), with the option to offer the remaining parcels at a reduced minimum price, pursuant to Revenue and Taxation Code §3698.5(c).
The fact that anyone should lose their property for non-payment of property taxes is regrettable. California tax laws, however, afford landowners and parties of interest fair notice, a liberal period of redemption, and adequate opportunities to contest irregularities. The primary purpose of public auction sales is to collect the unpaid taxes and to return the property to a revenue-generating status by conveying the property to another owner. Offering property for sale achieves this by either selling the property or forcing redemption.
Per Revenue and Taxation Code §3692(a), the tax collector shall attempt to sell tax-defaulted property within four years of the time that the property becomes subject to sale for nonpayment of taxes. If there are no acceptable bids at the attempted sale, the tax collector shall attempt to sell the property at intervals of no more than six years until the property is sold.
Provided for your review is a staff report detailing an unprecedented situation with Sale Lot #6 - Assessed Owner - Harwood Products Inc. Also referenced in the staff report is an update relating to Brooktrails Township parcels currently available for public auction.
Alternative Action/Motion:
Do not adopt resolution and provide direction to staff.
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: Costs of auction recovered through redemption or sale of property. |
budgeted in current f/y: N/A |
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current f/y cost: if no, please describe: |
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annual recurring cost: revenue agreement: N/A |
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budget clarification: |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Darcie Antle, Deputy CEO |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Karla Van Hagen, Senior Deputy Clerk |
Final Status:Adopted |
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Date: March 13, 2019 |
Executed Item Number: Resolution 19-040 |
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