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HomeMy WebLinkAboutOrdinance #342 i ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ORDINANCE NO. 150 ENTITLED "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH PROVID- ING FOR THE ASSESSMENT AND COLLECTION OF TAXES. " The City Council of the City of Huntington Beach do ordain as follows : Section 1. That Section 23 of Ordinance No. 150 entitled i "An Ordinance of the City of Huntington Beach providing for the i assessment and collection of taxes" be amended so as to read as j follows: "Section 23. On or before the day when taxes are payable t1e1� Tax Collector must publish a notice specifying: ' That the taxes on all(a) personal property secured by real j property, and one-half of the taxes on all real property will be due on the first day of Novembef, and will be delinquent on the fifth day of December next thereafter , at five o' clock p. m. , and that un- less paid prior thereto ten per cent will be added to the amount thereof , and that if said one-half be not paid before the twentieth day in April next, at five o ' clock p. m. , an additional five per cent will be added thereto. That the remaining one-half of the taxes on all real property will be payable on and after the twentieth day of January next, and will be delinquent on the twentieth day in April next thereafter, at five o' clock p. m. , and that unless paid prior thereto , five per cent will be added to the amount thereof. (b ) That all taxes may be paid at the time the first install- ment is due and payable. (c ) That said taxes will be due and payable to the tax collector or his deputy at his office in the City of Huntington Beach as desig- nated in said notice and that the tax collector will keep certain hours at such office; such notice must be published for two weeks in -1- a the newspaper authorized to do the city advertising. " Section 2. That Section 27 of Ordinance No. 150 entitled "An Ordinance of the City of Huntington Beach providing for the assessment and collection of taxes" be amended so as to read as follows: "Section 27. On the fifth day of December of each year, at five o' clock p. m. , all taxes then unpaid, except the last installment of real property taxes , are delinquent , and thereafter the tax collector must collect , for the use of the city, an additional ten per cent thereon; provided, that if they .be not paid before the twentieth day in April next succeeding, at five o' clock p. m. , he shall collect an additional five per cent thereon. On the twentieth day of April of each year , at five o' clock p. m. , all the unpaid portion of the remaining one-half of the taxes on all real property is delinquent , and thereafter the tax collector must collect , for the use of the city, an additional five per cent thereon; provided, that the entire tax on any real property may be paid at the time the first installment , as above provided, is due and payable; and provided, further, that the taxes on all personal property unsecured by real property shall be due and payable immediately after the assessment of said personal property is made , and provided further that the tax collector shall collect fifty cents additional on each parcel of property separately assessed, upon which there are unpaid taxes after the twentieth day of April of each year at five o' clock p. m. " Section 3. That Section 51 of Ordinance No. 150 entitled "An Ordinance of the City 'of Huntington Beach providing for the assessment and collection of taxes" be amended so as to read as follows ; "Section 51. In all cases where real estate has been sold, or may hereafter be sold, for delinquent taxes to the city, and the city has not; disposed of the same, the person whose real estate has been sold, or may hereafter be sold, his heirs, executors, administrators , i -2- i N I I or other successors in interest , shall at any time after the same has been sold to the city, and before the city shall have disposed of the .same , have the right to redeem such real estate by paying to the city treasurer the amount of taxes , penalties and costs due thereon at the time of said sale , with interest on the aggregate amount of said taxes at the rate of 7 per cent per annum; and also all taxes that were a lien upon said real estate at the time said taxes became delinquent; and also all unpaid taxes of every description assessed against the property for each year since the sale ; or if not so assessed, then upon the value of the property as assessed in the I year nearest the time of such redemption, with interest from the first day of July following each of said years , respectively at the same rate , to the time of redemption; and also all costs and expenses of such redemption, and penalties as follows , to-wit: ten per cent if redeemed within one year from date of sale; twenty per cent, if redeemed within two years therefrom, thirty per cent , if redeemed within three years therefrom; forty per cent if redeemed within four years therefrom; and fifty per cent , if redeemed within five years or any greater number of years therefrom. The penalty shall be computed upon the amount of each year' s taxes in like manner, reckoning fro he time when the lands would have been sold for the taxes of I that year, if there ha4 been no previous sale thereof. The city clerk shall, on the application of the person desiring to redeem, make an j estimate of the amount to be paid, and shall give him duplicate cer- tificates of the amount, specifying the several amounts thereof, which certificates shall be delivered to the city treasurer, to- gether with the money , and the city treasurer shall give duplicate receipts written or endorsed upon said certificates , to the redemp- tioner, who shall deliver one of said receipts to the city clerk, taking his receipt therefor. The city treasurer shall settle for the moneys received as for other city moneys. Upon the payment of the money specified in said certificate , and the giving of the receipts aforesaid by .the treasurer and clerk , any deed or cer- tificate of sale that may have been made to the city shall become -3- null and void, and all right, title and interest acquired by the Ocity, under and by virtue of the tax sale , shall cease and determine. The receipts of the city treasurer and city clerk may be recorded in the County recorder' s office of this county, in the book of deeds , andthe record thereof shall have the same effect as that of a deed of reconveyance of the interest conveyed by such deed or certificate of sale. " Section 4. That a new section be added to said Ordinance No. 150 entitled "An Ordinance of the City of Huntington Beach providing for the assessment and collection of taxes" to be known as Section 402 and to be inserted- between Section 40 and Section 41 of said Ordinance , which said section shall read as follows: "ffection 4q. Whenever the City shall become the owner of any property sold for taxes and the deed to the city has been filed, the City Council may thereupon by ordinance direct the Tax Collector to sell the property, or any part thereof, in the manner following: He must give notice of such .sale by first publishing a notice once a week for at least three (3) successive weeks in_ a weekly newspaper printed, published and circulated in said city. Such notice must state specifically the place of, and day and hour of the sale, and shall contain a description of the property to be sold. It shall also contain a detailed statement •of all the delin- quent taxes, penalties, costs , interest and expenses up to the day of such sale , and shall give the name of the person to whom the property was assessed for each year on which there may be delinquent taxes against said- property, or any part thereof, and said notice shall also refer to the ordinance directing the sale. It shall be the duty of the Tax Collector to mail a copy of said notice, postage thereon prepaid, and registered, to the party to whom the land was last assessed next before the sale, at his last business address. At the time set for such sale the Tax Collector must sell the property s described in the ordinance and notice at public auction, to the highest bidder for cash, in lawful money of the United States; but -4- no bid shall be received or . accepted at such sale for less than the amount of all the taxes levied upon said property, and all costs and penalties for every year delinquent as shown by the delinquent roll for such years to the date of the execution of the deed to the City, and all expenses accfuing. to the date of sale under this section, together with interest at seven (7) per cent per annum from the first day of July following the delinquency in each of the said years to the i date of. the sale hereunder, computed upon the aggregate amount of such delinquent taxes, penalties and costs; provided, however, that if the City Council shall by resolution declare that in its judgment the, property so owned by the City, and particularly described in said resolution is not at that time of value great enough that it can be sold by the City for an amount equal to the amount of all taxes levied upon said property, and all interest, costs , penalties and expenses up to the date of such sale, and that it would be to the best interests of the City to sell all of said property for a sum to bestated in said resolution less than the sum above named, the Tax Collector may sell said property so described for a sum not less than the sum stated in said resolution, together with the expenses of sale. The expense of giving the notice herein required shall be a charge against the property so , advertised and shall be collected by the Tax Collector, and no redemption of said property before said sale may be had without payment of such costs of advertising costs, the Collector shall 'demand in advance from the party or parties seeking to purchase, a deposit with said officer of a sum sufficient to defray such costs of advertising, which deposit shall be forfeited in the j i event said party or parties fail or refuse to purchase at such sale; provided, that .if the party or parties so depositing fail to secure such property on their bid, such deposit shall be returned, and such i advertising cost shall be collected from the successful purchaser. " !� -5- i I� I t Section 5. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published by one insertion in the Huntington Beach News , a newspaper printed, published and circulated in said City of Huntington Beach. and• thirty ( 30) days thereafter it shall take effect and be in force. Passed and adopted by the Board of Trustees of the City of Humtington Beach, Orange County , California, this day of 193L. / Mayor of the City of Huntington Beach. City Clerk -and _Ex-officio Clerk of the-Cry--Goun it of the City ofr.Huritington Beach. STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF HUNTINGTON BEACH I , C. R. Furr, City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, do hereby certify that the foregoing Ordinance was introduced and read at a regular meeting of the City Council held on the day of 1930 , and was again read to said City Counc l on e 10q, day of 193/ at a regula meeting of the said oard, and that said Ordinance was adopted by the following vote: AYES: TRUSTEES _ _,DI.�•�y - Cl) NOES: TRUSTEES ABSENT: TRUSTEES City C1e � and Ex-officio Clerk of the City Counoil of the City--of Huntington Beach