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HomeMy WebLinkAboutOrdinance #424 ORDI NANC E NO. 424 AN ORDINANCE OF THE CITY COUNCIL OF' THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DEFINING AND DECLARI14G AN EMERGENCY TO EXIST AND PRO- VIDING FOR THE PAYP,IEHT OF TAXES WITH INTEREST IN LIEU OF PENALTIES, AND THE PAYMENT THEREOF IN INSTALLTME2'dTS. WHEREAS, many taxpayers have been. unable to pay 1� their taxes, or to redeem their property from sale for delinquency, due to the widespread depression, and WHEREAS, by permitting redemption with reduced penalties, and extending the time within which the right of redemption may not be terminated, many taxpayers will be enabled. to redeem their property, restore the same to the tax rolls and thereby add needed revenue for the operation and main- tenance of city } y government , NOW THEREFORE , IN AND BY THE ABOVE PREAMBLE, the City Council defines and declares an emergency to exist , neces- sitating the following ordinance for the immediate preser- vation of the public peace, property, convenience , health and safety, WHEREFORE, the City Council of the City of Huntington Beach, California, does ordain as follows: Section 1: Definition--"Taxes" . "Taxes" as used in r this Ordinance , includes all taxes and assessments and annual installments charged on the tax roll. Section 2: In all cases where real estate has been sold to the City of Huntington Beach on or before July 6, 1938, for delinquent taxes and_ the City has not disposed of the same , the person idiose estate has been sold, his heirs, executors, r administrators , or other successors in interest , may, on or ' fore the 20th day of April, 1940 , redeem such property by paying the amount of unpaid taxes, as defined in Ordinance O No . 150 of the City of Huntington Beach entitled "An Ordin- ance of the City of Huntington Beach Providing for the Assessment and Collection of City Taxes ", as amended, with interest on the whole amount of unpaid taxes at the rate of seven (?%) percent per annum computed beginning the lst day r of July, 1936, to the time of such redemption. No other interest , costs , penalties for delinquency, or redemption ,penalties accruing before April 20, 1940, need be paid on such redemption. Except as provided in this Ordinance , such redemption shall be made under said Ordinance No. 150 of the City of I Huntington Beach, as amended. Section 3: In all cases where real estate has been sold to the City on or before July 6, 1938, for delinquent taxes , i and the City has not disposed of the same, the person whose estate has been sold, his heirs, executors , administrators, or other successors in interest, may, on or before April 20, 1940, elect to pay said delinquent taxes in installments. r During the time such installments are paid as prescribed herein, together with current City and County taxes , the period of redemption of suxh real estate is extended, and there shall be no sale of the property at auction before deed to the City, nor a deed to the City , nor, if already i t deeded to the City, a resale to the State. Such payments in installments shall be made as follows: (a) . The first payment shall consist of ten (10%) per cent , or more, of the amount of unpaid taxes, as provided in said Ordinance No. 150, as amended, plus interest on the whole amount of unpaid taxes at seven (?%) per cent per an num beginning July 1, 1936, to date of such payment . Before such first payment is made there must be paid the amount of taxes, penalties and costs due and payable for the fiscal year 4 in which such payment is made. (b) . Further payments shall be made not later than April 20 in each succeeding fiscal year and each payment shall consist of ten (10%) per cent, or more, of the whole amount of unpaid ' } taxes, plus interest at seven per cent per annum from the date of the preceding payment on the balance of the amount of un- paid taxes remaining unpaid after the previous payment. In the event of failure to make any of the payments on or before the dates prescribed, such property is thereupon subject to sale at auction or may be deeded to the City or resold by the City, in the same manner as if no election to pay delinquent taxes in installments had been made. r No such payment , nor all of them, is a redemption of the real estate nor affects the right , title , or interest of L the City, but is compensation for the use of the real estate. Upon complying with subdivision ( a) of this section, posses- sion of the property by the City shall cease and determine until such time as there may be a. default under the terms of -3- i i this section. If each installment is paid as prescribed t- and if redemption ion of the p property is made on or before the 20th day of April, 1949, the amounts previously paid and credited are a credit on the amount to be paid for such redemption. If all installments are ,paid as prescribed and the property is redeemed on or before the twentieth day of April, 1949 , the amount necessary to redeem the property is the sum of the following amounts , unless under some other method of redemption, a redemption may be made for a lesser amount : I ( a) . The amount of unpaid taxes, with interest the reon i equal to the amount of interest included in all installment payments previously made or credited. (b) . Interest equal to the amount of interest due at the time of such redemption on the remainder, if any, of the amount of unpaid taxes payable in installments under this section. Except as provided in this section, such redemption shall ( ` be made under Ordinance No . 150, as amended. Section 4: That this Ordinance, being an emergency measure for the immediate preservation of the public peace, t property , health and safety, which emergency is set forth and defined in the preamble hereto , shall take effect and be in force from and after the passage and adoption hereof. -4- r _ Section 5: The CityClerk shall certify to the passage Y g and adoption of this Ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, s a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, at a regular adjourned meeting thereof held on the 27th day of February , 1939. b 1 r—. � Y ATTEST: I pc�_Z� City Jerk. i , a STATE OF CALIFORNIA, ) County of Orange, ) SS: City of Huntington Beach. ) I . C. R. FURR, CitNT Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California, do hereby certify that the foregoing Ordinance was presented and read to the City Council at a regular meeting thereof held on the 6th day of February, 1939, and was again read to said. City Council at a regular adjourned meeting thereof held on the �7th day of February, 1939, and was passed and adopted by the following vote: AYES: Councilmen: Morehouse,Cha=ess,Talbert,henriakrson,MaGallen NOES: Councilmen: None ABSENT : Councilmen: None L City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California.