HomeMy WebLinkAboutOrdinance #369 ORDINANCE No.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMEND-
ING AND ADDING ISM SECTIONS TO ORDINANCE- NO. 150 OF
SAID CITY, ENTITLED: "A'T! -ORDINANCE OF THE CITY OF
HUNTINGTON BEACH PROVIDING FOR THE ASSESSMENT AND COL-
LECTION OF CITY TAXES+' , AS AMENDED.
The City Council of the City of Huntington Beach
do ordain as follows:
Section 1. That a new section, to be inserted between
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Sections 5112 n.and 5S and to be know as Section 51a, shall be
added to Ordinance !\zo. 150 of the City of Huntington Beach,
entitled: "An Ordinance of the City of Huntington Beach Provid-
ing for the Assessment and Collection "
� of City Taxes as amended,
said new section to read as follows: .
"Section 51a. The word Itaxes, l wherever us
ed in
this section, includes all taxes and assessments and annual instal-
lments of assessments charged on the tax roll.
"In all c i ases where real estate has been sold and/or deeded
to the City on or before September 6, 1933, for delinquent taxes,
and the City has not disposed of the same, the person whose estate
has been sold, his heirs, executors, administrators or other succes-
sors in interest shall, at any time on or before the twentieth day
of April, 1934, have the right to redeem such property -by paying to.
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the City Clerk of the City of Huntington Beach the amount of taxes
due thereon at the time of such sale, and also all taxes that were
a lien upon said real
Property at the time said taxes became delin-
quent, and also all unpaid taxes of every description assessed against
the property, together with all taxes that are a lien against the
property for each
year since the sale, as shown on the delinquent
�\\ assessment rolls in the t��i�n��e'rinarient cii'stody of the City Clerk,
or, if no
t so assessed, then upon the value of the property as asses-
sed in the year nearest the time of such redemption, with interest
on the whole amount of such taxes at the rate of seven per cent per
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ar_num computed from the 1st day of July, 1932, to the time of
such redemption, except that interest upon taxes, assessed or
unassessed., for the fiscal year, 1932-1933, shall be computed
from July 1, 1933, to the time of such redemption.
"The provisions of this section shall be deemed to allow
the redemption of such real estate, on or before the 20th day of
April, 1934, free from the payment of any costs, interest, (other
than the interest hereinbefore in this section provided) , penal-
ties for delinquency, or redemption p.enalti.es, !which may have
accrued against said real estate on or before April 202 1934.
The provisions of this section shall have no application to the
amount or rate of penalties . for delinquency or upon redemption,
for taxes of the fiscal year 1933-1934." _
Section 2. That a new section, to be inserted between
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Sections 51a and 52 and to be known as Section 51b, shall be added
to Ordinance No. 150 of the City of Huntington Beach, entitled:
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"An Ordinance of the City of Huntington Beach Providing for the
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Assessment and Collection of City Taxes" , as amended, said new
section to read as follows:
"Section 51b. The word ' taxes' , wherever used in this
section, includes all taxes and assessments and annual installments
of assessments charged on the tax roll.
"In all cases where real estate has been sold to the City
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on or before September 6, 1933, for delinquent taxes, and the
i City has not disposed of the same, the person whose estate has been
sold, his executors, administrators, or other successors in inter-
est shall, on or before April 20, 1934, have the right to elect to
pay such delinquent taxes-in installments as hereinafter provided
and by the payment of each of such installments, together, with
current City taxes, to extend the period of redemption of such real
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estate and to postpone the date of sale of such property at auction,
as provided in this Ordinance, and time of making a deed of such
property to the City, as provided in this Ordinance, and in the
event such property has been deeded to the City, postpone the resale
of such real estate by the City as provided in this Ordinance.
"Upon payment to the City .on or before April 20, 1934, of
ten percent, or more, of an amount equal to the total of unpaid
taxes computed as prescribed in Section 51a of this Ordinance,
plus interest on the whole of said amount at the rate of seven per
cent per annum from July, 1932, to date of such payment, (except
that interest upon taxes for the fiscal year, 1932-1933 shall be
computed from July 1, 1933) , and by the further payment on or be-
fore April 20 1934 of all City taxes levied n p , , yand assessed for the
fiscal year 1933-1934, together with penalties and costs due thereon,
the right of redemption in installments hereunder shall be extended
to and including April 20, 193&, during which time no sale at auction
of such property shall be made as provided in this Ordinance, and
no deed to the City shall be made as provided in this Ordinance and
no resale by the City shall be made in accordance with the provi-
sions of this Ordinance. Upon payment to the City,, on or before
April 20, in each of the years of 1935 to 1943, inclusive, or un-
til said amount has been paid, of ten percent or more of said total
amount together with interest, at the same rate from the date of
the preceding payment, on that part of said total amount - remaining
unpaid after such preceding payment, and upon payment on or before
April 20�in each of the years of 193a to 1943, inclusive, of City
taxes for each of said years, with penalties and costs thereon, the
right of redemption shall be extended, the time of sale at auction
\� to the public and of deed to the City shall be postponed and resale
by the City shall be suspended, for successive periods of one vtar,
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In the event of failure to make any of the payments herein specified
to be made on or before the dates herein set forth, the right to
pay such delinquent taxes in installments shall cease and terminate
and such property shall thereupon be subject to sale at auction or
may be deeded to the City or resold by the City, in the same manner
as though no election to pay delinquent taxes in installments had
been made.
"No such payment, nor all of them, shall be deemed a redemp-
tion of real estate nor affect the right, title or. interest of the
City thereto, but shall be deemed and considered as compensation for
the use and occupancy of said real estate.; provided, that if each
installment of delinquent taxes and interest be paid on or before
the respective dates specified in this section','- and if redemption
of such property shall be made, on or before the 20th day of April,
1938, in the manner hereinafter in this section provided, the amounts
previously paid under the authority of this section shall be credited
on the amount to be paid for such redemption.
"The amount to be paid on or before the 20th day of April,
1938, to effect redemption of such property under this section shall
be the sure of the following amounts.;
A. Unpaid taxes computed as prescribed in Section 51A
of this Ordinance, with interest thereon equal to the amount of in-
terest included in all installment payments previously made, as
authorized by this section and, in addition, interest equal toAhe
amount of interest due- at the time of such redemption on the re-
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mainder, if any, of the amount payable in installments, as authorized
by this section;
B. Unpaid taxes for the fiscal years following the year '
ending June 30, 1933, with redemption penalties thereon computed in
accordance with the provisions of this Ordinance.
h"xcept as in this section otherwise provided, such redemp-
tion shall be made in the manner prescribed in this Ordinance.
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"All interest received by the City pursuant to the pro-
visions of this. and the preceding section shall be distributed
in the same manner as redemption penalties in accordance with the
provisions of this Ordinance" . .
Section 3. That a new section, to be inserted between
Sections 51b and 52 and to be known as Section 51c, shall be
added to Ordinance No. 150 of the City of Huntington Beach,
entitled: "An Ordinance of the City of Huntington Beach Providing
for the Assessment and Collection of City Taxes" , as amended,
said new section to read as- follows:
"Section 51c. Notwithstanding other provisions of
this Ordinance, no sale at auction to the public shall be made of
unredeemed property in the years of 1933 or 1934, but at the day
and hour fixed for the sale in accordance with the provisions of
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this Ordinance, all property otherwise subject to sale to the
public shall be deeded to the City as provided in this Ordinance. "
'Section 4. That a new section, to be inserted between
Sections 51c and 52 and to be known as Section 51d, shall be
added to Ordinance No. 150 of the .City of Huntington Beach, entitled:
"An Ordinance of the City of Huntington Beach Providing for the As-
sessment and Collection of City Taxes" , as amend�d, said .new section
to read as. follows:
"Section 51d. In any case where real estate is redeemed
after it has been sold to the City for delinquent taxes or where real
deeded to the City for delinquent taxes has been purchased
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from the City, any person who has redeemed the same or purchased the
same from the City and any other person claiming any interest in such
Ireal property through such person is hereby authorized to bring
suit against the said City to quiet title to said real property or
any portion thereof and to prosecute. the same to final judgment. "
Section 5. If any section, subsection, sentence, clause or
phrase of this Ord i nano e is zor any reason held to be unc.onstitution-
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al, such decision shall not affect the validity of the remaining
portion of this Ordinance. The City Council hereby declares that
it would have passed this Ordinance irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases
be declared unconstitutional.
Section 6. That this Ordinance is an urgency Ordinance
necessary for the immediate preservation of the public peace, health
and safety and shall take effect immediately.
The facts constituting such urgence are as follows:
Due to the widespread depression many taxpayers have been unable
to pay their taxes, or to redeem , their property from sale to the
City for delinquency. By permitting redemption in installments
and with minimized penalties, many taxpayers will be enabled to re-
deem their property, restore the same to the tax rolls and thereby
add/revenue for the operation and maintenance of local government.
Section 7. The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be published by one j
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insertion in the Huntington Beach News, a weekly newspaper printed,
published and circulated in said City of Huntington Beach.
Passed and adopted this �(day ' of September, 1933.
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MAYOR
ATTEST:
City Clerk and ,rx-officio Clerk of the r
City Council.
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STATE OF CALIFOP UA, )
ss.
County of Orange. )
I, C. R. FUPsR, 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.
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_ZZeday of September, 1933 and was again read to said City
Council on the day of September, 1933 at a regular !�4�
meeting of the said City Council, and the said Ord-
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inance was adopted by the following vote:
Ayes: Councilmen: lit I
Noes: Councilmen: `�✓�� .
Absent: Councilmen:
City) Clerk and ex-officio Clerk of
' the City Council of the City of
2�untington Beach, California
By
De-outy City Clerk
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