HomeMy WebLinkAboutOrdinance #433 ORDINANCE NO. 433
AN ORDDINANCE OF THE CITY OF HUNTIk*T011
BEACH AMENDING ORDIN.t NCE NO. 425, EN-
TITLED "AN ORDINANCE PROVIDING A SYS-
TE11 FOR THE RAISING OF REVENUE BY TAX-
ATION FOR THE CITY OF HUNTI1,1-GTON BEACH,
CALIFORiTIA" , AND REPEALING ORDINANCE
NO. 424 AND ORDINANCE NO. 150.
The City Council of the City of Huntington Beach,
California, do ordain as follovis:
Section 1: That Section 1 of Ordinance No. 425,
entitled "An Ordinance providing for a system for the raising
of revenue by taxation for the City of Huntington Beach, Cal-
ifornia, " is hereby amended to read as follows:
"'Section 1: This Ordinance establishes. the lair
of this City respecting the subject to which it relates" .
Section 2: That , a new section is hereby added
to said Ordinance No. 425, the same to be known as Section 42,
the same to read as follows:
"Section 42: That all assessments, reports,
statements and other records in the City Collector' s and City
Assessor' s office shall be public records unless herein other-
ir4rise expressly provided" .
Section 3: That Section 907 of said Ordinance
o No. 425 entitled "An Ordinance providing a system for the rais-
ing of revenue by taxation for the City of Huntington Beach,
California, " is hereby amended to read as follows:
D "Section 907: Immediately after the publication,
the city collector shall file with the city clerk a, copy of
the publication and an affixed affidavit. The affidavit shall
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show:
( a) That it is affixed to a true copy of the
publication.
(b) The z,ianner of publication.
( c) Date of first publication and each publican
tion thereafter.
This affidavit is prima facie evidence of the facto
stated.
Section 4: That Section 908 of said Ordinance i`To.
425 entitled "An Ordinance providing a. system for the raising
of revenue by taxation for the City of Huntington Beach, Cal-
ifornia, " is hereby amended to read as follows:
"Section 908. Within five days after first pub-
lication of the notice of sale of tax sold property and at
least 21 days before the date of sale, when tax sold property
is to be sold at public auction, the collector shall mail to
the last assessee either a, copy of the publication or a notice
of salell .
Section 5: That Section 1076 of said Ordinance
425 shall be amended so as to read as follows:
"Section 1076: That if any other taxing agency
has a tax lien on, or tax title to, tax deeded property, the
city collector, with approval of the City Council, may join
with other taxing agencies in selling the tax deeded property
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in order to give the purchaser the rights of the other taxing
agencies as well as the city' s title, provided, however, that
in the event the Board of Supervisors of the County of Orange ,
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California, authorizes the sale of tax deed property pursuant
to Chapter 529 , Statutes 1939 of the State of California, the
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City Council may consent to said sale by resolution and in the
event the county tax collector sells said property pursuant to
said consent and authorization by the State Controller, as p30-
vided by law, said sale shall be good and valid and of the same
force and effect as if sold by the City; and the City Collector
is hereby directed to prepare and present a demand for any
monies due the city pursuant to said statute. "
Section 6: That a new Chapter, to be known as
1--
�y� Chapter III is hereby added to Division VI of said Ordinance
Tol 425 entitled, "An Ordinance providing a system for the
raising of revenue by taxation for the City of Huntington Beach,
California. " , and to be inserted therein immediately following
the provisions of Chapter 2 of said Division VI, as follows:
Chanter 3. Postbonement of xedemntion.
Section 1251: Definition--"Taxes" "Taxes" as
used in this Ordinance, includes all taxes and assessments and
annual installments charged on\t\he tax roll.
Section 1252: In\all cases where real estate
has been sold to the City of Huntingt-on Leach on or before
31 July 6, 1938, for delinquent taxes and the City has not dis-
posed of the same, the person whose estate has been sold, his
heirs , executors , administrators, or other successors in in-
terest, may, on or before the 20th day of April, 194t1, redeem
such property by paying the amount of unpaid taxes, as defined
herein, with interest on the whole amount of unpaid taxes at
the rate of seven ( 7) per cent per annum computed_ beginning the
lst day of July, 1936, to the time of such redemption.
No other interest , costs, penalties for delinquency,
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or redemption penalties accruing before April 20, 1941, need
be paid on such redemption.
Section 1253: In all cases where real esta.ue
has , been sold to the City on or before July 6, 1938, for de-
linquent taxes, and the City has not disposed of the same, the
person whose estate has been sold, his heirs , executors, admin.".",-
istrators, or other successors in interest , may, on or before
April 20, 194t1, elect to pay said delinquent taxes in install-
ments.
During the time such installments are paid as
prescribed herein, together with current City and County taxes,
the period of redemption of such real estate is extended, and
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there shall be no sale of the property at auction before deed
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to the city, nor a deed to the City, nor, if already 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 0)
per cent , or more, of the amount of unpaid taxes, plus interest ,
on the .whole amount of unpaid taxes at seven ( 7%) per cent per
annum 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
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%) p-er cent, or more , of the whole
I � amount of unpaid taxes, plus interest at seven per cent per an-
num from the dat-e of the preceding payment on the balance of
the amount of unpaid taxes remaining unpaid after the previous
payment.
In the event of failure to make any of the pay-
ments on or before the dates prescribed, such property is there-
upon 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 has been made.
No such payment , nor all of them, is a redemption
of the real estate nor affects the right , title, or interest of
the City, but is compensation for the use of the real estate.
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Upon complying with subdivision 'a' of this section, possession
of the property by the City shall cease and determine until such
time as there may be a default under the terms of this section.
If each installment is paid as prescribed and if' redemption of
the property is made on or before the 20th day of April, 1950,
the amounts previously paid and credited are a credit on the
v amount to be paid for such redemption.
If all installments are paid as prescribed and the
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property is redeemed on or before the twentieth day of April,
19.5p, the amount necessary to redeem the property is the sum of
the following amounts, unless under some other method- of re-
demption, a redemption may be made for a lesser amount;
( a) The amount of unpaid taxes , with interest
thereon equal to the amount of interest included in all in-
stallment,_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 un?3aid taxes payable in installments under this sec-
tion.
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Section 7: That Ordinance No. 424 entitled
"An Ordinance of the City Council of the City of Huntington
--. Beach, California, defining, and declaring an emergency to
exist and providing for the payment bf taxes tfrith interest
in lieu of penalties, and the payment thereof in installments"
together with all other Ordinances and -parts of Ordinances in
conflict herewith, be and the same are hereby repealed; pro-
vided, however, that said repeal shall not affect, prevent, or
be g bar to the collection of any tax, assessment, or payment
or penalty due thereunder, but for the purpose of such col-
lection the said Ordinance shall remain in full force and ef-
fect.
Section 8: That Ordinance No. 150 entitled
An Ordinance of the City of Huntington Beach providing for the
assessment and collection of City taxes" together with all Or-
dinances and parts of ordinances in conflict herewith, be and
the same are hereby repealed; provided, however, that said re-
peal shall not affect , prevent, or be a, bar to the collection
of an tax assessment or payment or penalty due thereunder,Y > p�r.Ym p Y
but for the purpose of such collection the said Ordinance shall
remain in full force and effect.
The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be published once in
the Huntington Beach News, a weekly newspaper printed and circu-
lated in said ,City of Huntington Beach, and. hereby designated
for that purpose.
' Thirty (30) days after the adoption of this Ordi-
nance the same shall take effect and be in force.
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PASSED AND ADOPTED by the ity Council o� the City
of Huntington Beach, California., at a V omeeting
L_ thereof held on the __-22 ( ay of _ 1,1- 40.
Y
CITY LERK
STATE OF CALIFORNIA, )
County of Orange, ) ss.
City of Huntington Beach. )
I) C. R. FURR, City Clerk and ex-officio Clerk of the
I � City Council of the City of Huntington Beach, California, do
hereby - certify that the foregoing Ordinance vFTas presented and
adjourned
read to the City Council at a regular meeting thereof held on
the Ath_ day of J� r ,9r, 1i9 j: , a d was again read to said
City Council at a. meeting thereof held
on the a, og day of 31§4b� , and was passed and adopt-
ed by the following vote:
AYES: Councilmen:
NOES: Councilmen:
� ABSENT: Councilmen:
I
City Clerk and ex-off-icio Clerk' of
the City Council of the City of
Huntington Beach, California.
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