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HomeMy WebLinkAboutOrdinance No. 277er 0. . I_ ORDINANCE NO. 377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, LOS ANGELES COUNTY, CALIFORNIA, ATdIENDING SECTIONS 3, 61 35, 37 and 46 AND RENUMBERING SECTION 48 OF ORDINANCE NO. 154 OF SAID CITY OF AZUSA ENTITLED "AN ORDINANCE OF THE CITY OF AZUSA PROVIDING A SYSTEM FOR THE ASSESSMENT, LEVY AND COLLECTION OF TAXES" PASSED THE 24th DAY OF FEBRUARY, 1914, AND THAT THERE BE ADDED TO SAID ORDINANCE NO. 154 NEW SECTIONS TO BE KNOWN AS SECTIONS 36a, 46a, 47 and 48. AND ALSO AMENDING SECTIONS 30 and 33 AND REPEALING SECTION 46 OF SAID ORDINANCE NO. 154 AS AMENDED BY SECTIONS 4, 5 and 6 OF ORDINANCE NO. 159 OF THE CITY OF AZUSA ENTITLED "AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE CITY OF AZUSA AMENDING SECTIONS 15, 28, 29, 30, 33 and 46 OF ORDINANCE NO. 154 OF THE BOARD OF TRUSTEES OF THE CITY OF AZUSA ENTITLED 'AN ORDINANCE OF THE CITY OF AZUSA PROVIDING A SYSTEM FOR THE ASSESSMENT, LEVY AND COLLECTION OF TAXES', PASSED THE 24th DAY OF FEBRUARY, 1914." The City Council of the City of Azusa does ordain as follows: ,section 1: That Section 3 of Ordinance No. 154 of the said City of Azusa entitled "An Ordinance of the City of Azusa providing a system for the assessment, levy and collection of taxes", is hereby amended to read as follows: Sec. 3. Each and all of the provisions of the Revenue and Taxation Code of the State of California, insofar as they do not conflict with the provisions herein, are hereby for all purposes adopted and made a part of this ordinance. Section 2: That Section 6 of Ordinance No. 154 of the City Azusa entitled "An Ordinance of the City of Azusa providing a system for the assessment, levy and collection of taxes", is hereby amended to read as follows: of See. 6. All taxes shall. be collected by the Tax Collector. All taxes assessed, together with any percentage imposed for delinquency and the costs of collection, shall constitute liens upon the property assessed.; every tax upon personal property shall be a lien upon the real property of the owner thereof. The liens provided for in this section shall attach as of the first Monday in March of each year and may be enforced by a sale of the real property affected, and the execution and delivery of all necessary certificates and deeds therefor, under such regulations as are prescribed in this Ordinance, or by action in arty Court of competent juris- diction to foreclose such liens; provided that any property sold to the State for delinquent taxes shall be subject to redemption within five years and upon the terms provided or that may hereafter be provided for the redemption of property sold for. state taxes. All deeds made upon any sale of property for taxes or special assessments under the provisions of this Ordinance shall have the same force and effect in evidence as is or may hereafter be provided by law for deeds for property sold to the State for non-payment of taxes. -1-- Sectio That Section 35 of Ordinance No. 154 entitled "An Ordinance of the City of Azusa providing a system for the assess- ment, levy and collection of taxes", is hereby amended to read as follows: Sec. 35. A redemption of the property sold may be made by the owner, or any party in interest, within five years from the date of the sale to the City of Azusa or until the right of redemption has been terminated. Redemption must be made to the City Treasurer upon an estimate furnished by the Clerk in lawful money of the United States, and the Treasurer shall account to the City of Azusa for all moneys received under such redemption, which said money shall be distributed to the proper funds in accordance with the regular tax levy. Section 4: That a new section be added to said Ordinance No. 154 entitled "An Ordinance of the City of, Azusa providing a system for the assessment, levy and collection of taxes", to be known as Section. 36a: Sec. 36a: On and after June let, 1945, on execution of the deed to the City, the right of redemption is terminated as to all such property deeded. The right of redemption of property which was or is deeded to the City before June let, 1945, shall be terminated as provided under this Section, if such right of redemption has not already been terminated. Within six months after the effective date of this Ordinance, or within six months after the execution of a deed to the City, if said deed is executed to the City subsequent to the date of this Ordinance and prior to June let, 1945, the Tax Collector shall send a notice of termination of right of redemption to the last assessee of every assessment of such tax deeded property. The notice shall be sent by registered mail to the assessee at his last known address, and if no address is known for him or if the property was assessed to unknown owners, the Tax Collector shall make an affidavit of such fact and file the affidavit with his record of notices sent. The notice need not be mailed if the assesses files with the Tax Collector a waiver of the notice. The notice of termination of right of redemption shall state, (a)' The time of termination of the right of redemption, (b) A description of the property, (c) That if the property is not redeemed before the time set for termination of the right of redemption, the right of redemption will cease. The Tax Collector shall also publish the notice of termination of right of redemption once in a newspaper of general circulation, published in the City, or if none, by posting in three conspicuous places in the City, as to every last assessee for whom no address is known, and for.all property assessed to unknown owners. He may also publish all notices sent by registered mail in the same manner. The publication by the Tax Collector of the notice of termination of the right of redemption of any pro- perty, shall be made within ten days after the notice as to such property is mailed, or within ten days after the affidavit is made, as the case may be. The time set for the termination of the right of redemption shall be four months after the notice of termination of the right of redemption is sent. If any property is not redeemed before the time set for termina- tion of the right of redemption, the right of redemption as to such property is terminated. section 5: That Section 37 of Ordinance No. 154 entitled "An Ordinance of the City of Azusa providing a system for the assess- ment, levy and collection of taxes", is hereby amended to read as follows: -2- Sec. 37. In all cases where real estate has been or may hereafter be sold for delinquent taxes to the City of Azusa, and the City has not disposed of the same, and the right of redemption has not been terminated, the person whose estate has been or may hereafter be sold, his heirs, execu- tors, administrators, 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, and the right of redemption has not been terminated, have the right to redeem such real estate by paying to the Treasurer of the City the ammunt 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 seven 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 year nearest the time of such redemption, with inter- est from the first day of July,'following each of said years, respectively, at•the same rate, to the time of re- demption; and also all costs and expenses of such redemption, and penalties as follows, to -wit: Ten per cent if redeemed within six months from the date of sale; twenty per cent if redeemed within one year therefrom; thirty per cent if re- deemed within two years therefrom; forty per cent if re- deemed within three years therefrom; forty-five 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 yearts taxes in like manner, reckoning from the time when the lands would have been sold for the taxes of that year, if there had been no previous sales thereof. The City Clerk shall, on the application of the person desiring to redeem, make an estimate of the amount to be paid, and shall give his triplicate certificates of the amount, speci- fying the several amounts thereof, whichcertificates shall be delivered to the Treasurer, together with the money, and the Treasurer shall give triplicate receipts, written or endorsed upon said certificates, to the redemptioner, who shall deliver one of said receipts to the City Clerk and re -deliver one to the City Treasurer and may record one in the office of the County Recorder. Upon tender of the fee for acknowledgment, the Treasurer shall acknowledge either of said receipts so as to entitle the same to be recorded: Upon the payment of the money specified in said certificate, and the giving of either of the receipts aforesaid, by the Treasurer, any deed or certificate of sale that may have been made to the City shall become null and void, and all right, title and interest acquired by the City, under and by virtue of the tax sale, shall cease and determine. In all cases where deeds have been executed by the Tax Collector to the City of Azusa, as provided in Section 36, and the right of redemption has not been terminated, and the owner of the property redeems the same, as provided in this Section, the City Clerk is hereby empowered and directed to make, execute and deliver, in the name of the city, to the person in whose name the property is assessed, or his assigns, or when assessed to "unknown owners," to the owner of such real property, a deed in substance and in form as follows, to -wit: "THIS INDENTURE, made this day of 19 , between City of Azusa, a municipal corporation, first party, and. , second party, WITNESSETH: -3- Section 6: Ordinance c ment, levy as follows: That Whereas, The real property herein- after described was sold to first party for delinquent taxes and penalties in the year , and thereafter the Tax Collector of first party executed a deed dated and recorded in the office of the ounty Recorder of the County of Los Angeles, State of California, on the day of , 19, in Volume , at Page recor ds of Los Angefes County, and the right of redemption has not been terminated. And Whereas, The taxes and penalties, above mentioned, have been paid, Now, Therefore, The said first party, in consideration of the premises and in pursuance of the Statute and Ordinances in such case, made and provided, does hereby grant to the said second party that certain real property situate in the City of Azusa, County of Los Angeles, State of California, more particularly described as follows, to -wit: In Witness Whereof, Said first party has caused these presents to be executed the day and year first above written. City Clerk of the City of Azusa and ex -Officio City Assessor. 11 That Section 46 of Ordinance No. 154 entitled "An f the City of Azusa providing a system for the assess - and collection of taxes". is hereby amended to read Sec. 46. Whenever any property is sold to the City of Azusa or deeded to the City of Azusa for non-payment of taxes as provided in this Ordinance and said property has also beer. deeded for taxes to another taxing agency, including the State of California, the City Council of the City of Azusa may in accordance with any provisions of the Revenue and Taxation Code of the State of California, make and enter into agreements for the purchase by the City of Azusa of the interest of such other taxing agency, including the State of California, and may on behalf of the City of Azusa, purchase the interest of such other taxing agency, including the State of California, and all of the provisions of the Revenue and Taxation Code of the State of California in respect to the purchase and sale of the Interest of another taxing agency, including the State of California, in and to tax deeded property, be and the same are hereby, if not in conflict with the provisions of this Ordinance, adopted and made a part of this Ordinance. Section 7: That a new section to be known as Section 46a be added to said Ordinance No. 154 entitled "An Ordinance of the City of Azusa providing a system for the assessment, levy and collection of taxes", as follows: Sec. 46a. All property deeded to the City under the provisions of this Ordinance and all property which the City shall become the owner of by purchase of the tax deeded interest of any other taxing agency, including the State of California, may be sold by the City upon election of the City Council of said City of Azusa at either public or private sale, in the manner hereinafter set forth in this Ordinance. Public Sale: In case the City Council of the City of Azusa by resolution elects to sell at public sale, the Tax Collector of the City shall give notice of such sale by publishing a notice thereof as approved by the City Council of the City of Azusa, once a week for three consecutive weeks in the official newspaper of said City. If there be no newspaper published and circulated in the City, the notice shall be posted in four public places in lieu of said publication. Such notice shall state specifically the place of and the date and hour of sale and shall contain a description of the property to be sold and a statement of the price below which the property will not be sold. Such notice shall also contain all of the terms and conditions of such sale. At the time set for such sale, the Tax Collector shall sell the property described in the notice at public auction to the highest bidder for cash in lawful money of the United States, as contem- plated in such notice. Within five days after each sale, the Tax Collector shall report said sale to the City Council of the City of Azusa, which shall direct the proper officials to make and execute a deed to the purchaser in accordance with the pro- visions of this Ordinance and published notice of such sale. Private Sale: In case the City Council of the City of Azusa by Resolution elects to sell at private sale, the Tax Collector of the City shall give notice of such sale by publish- ing a notice thereof as approved by the City Council of the City of Azusa, once a week for three consecutive weeks in the official newspaper of said City. If there be no newspaper pub- lished and circulated in the City, the notice shall be posted in four public places in lieu of said publication. Such notice must contain a description of the property intended to be sold and must further contain all of the terms and conditions of such sale. Any and all offers to purchase such property in accordance with the published notice of intention to sell, shall be opened by the City Clerk publicly in the first open meeting of said City Council of the City of Azusa after said offer has been filed. At that time or at any time within 30 days thereafter, said City Council of the City of Azusa may accept the highest and best bid in accordance with the provisions of said notice of intention to sell, or reject all bids. In the event an offer is accepted, then upon full payment of the purchase price, the City Council of the City of Azusa shall direct the proper officials to make and execute a deed to the purchaser in accordance with the pro- visions of this Ordinance and the notice of intention to sell. Section 8: That there be added to Section 47 of said Ordinance No. 154 entitled "An Ordinance of the City of Azusa providing a system for the assessment, levy and collection of taxes", a new paragraph to read as follows: Sec. 47. The word "assessee" wherever used in this Ordin- ance means the person to whom property or a tax is assessed by the City. -5- r- ^ Section, 9: That a new section to be known as Section 48 be added to said Ordinance No. 154 entitled "An Ordinance of the City of Azusa providing a system for the assessment, levy and collection of taxes", to read as follows: Sec. 48. If any provisions of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance and the application of its provisions to other persons or circumstances is not affected. Section 10: That Section 48 of Ordinance No. 154 entitled "An Ordinance of the City of Azusa providing a system for the assessment, levy and collection of taxes" be renumbered Section 49. Sec. 49. This Ordinance shall go into effect thirty (30) days from and after the date of its passage and adoption. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published once in the "Pomotropic", a weekly newspaper published and circulated in the City of Azusa. Section 11: That Section 4 of Ordinance No. 159 amending Section 30 of Ordinance No. 154 of the City of Azusa entitled "An Ordinance of the City of Azusa providing a system for the assessment, levy and collection of taxes" is hereby amended to read as follows: Section 4. That section 30 of Ordinance No. 154, entitled, "An Ordinance of the City of Azusa, providing a system for the assessment, levy and collection of taxes," is hereby amended to read as follows: Sec. 30. On or before the fifth day in June of each year, the tax collector must publish the delinquent list, which must contain the names of the persons and a description of the property delinquent, and. the amount of taxes, penalties, and costs due, opposite each name and description, with the taxes, due on`personal property and City Poll Tax added to the taxes on real estate, where the real estate is liable therefor, or the several taxes are due from the same person; provided, however, that before publication of said list the tax collector and clerk shall jointly arrange said list in such manner that said publication shall designate in some particular manner the property contained in said list which was sold to the City five years previous under the provisions of the Tax Ordinance of the said City of Azusa, on which the taxes remain unpaid, and which property has not been redeemed or the sale thereof canceled, and which property the City would otherwise be entitled to a deed thereof after the lapse of five years from said previous sale. The Tax Collector must append to and publish with the delinquent list a notice as follows: 1. That unless the taxes delinquent, together with the costs and penalties thereon, are paid, the real property upon which said taxes are a lien will, by operation of the law, be sold to the city, in the City Tax and License Collector's office at a day and hour to be designated in such notice, which date of sale must not be less than twenty-one nor more than twenty-eight days from the time of the first publication of such notice. 2. That unless all taxes delinquent, together with costs and penalties are paid upon the property which has not been redeemed from the sale made to the city five years previously, the real property upon which such taxes are a lien will be —6— sold in the Tax Collector's office, at a day and hour to be designated, which day must be not less than twenty-one nor more than twenty-eight days from the first publication of said notice, by the Tax Collector at public auction to the highest bidder for cash in lawful money of the United States, according to law. 3. That the right of redemption will be terminated upon the execution of a deed to the City. The publication herein provided for shall be made once a week for 3 consecutive weeks in some newspaper published in the City, or if there is no newspaper then by same publication in some newspaper in the County wherein said property is located. He shall also publish with said delinquent list an index thereto containing names of the persons delinquent alphabetically arranged. Section 12: That Section 6 of Ordinance No. 159 amending Section 46 of Ordinance No. 154 of the City of Azusa entitled "An Ordinance of the City of Azusa providing a system for the assess- ment, levy and collection of taxes" be and the same is hereby repealed. I hereby certify that the foregoing Ordinance was adopted by the City Council of the City of Azusa at its meeting held on the 7th_ day of August, 1944, by the following vote: Ayes: Gouncil*rer: Owens, Jumper, Memmesheimer, Lamm Noes: Councilman: Morden Absent: None ATTEST: C� y CITY CLERK OF THE Y OF AZUSA Approved this 7th day of August, 1944. -7- STATE OF CALIFORNIA ) } COUNTY OF LOS ANGELES } SS. I, Mae A. Hynes, City Clerk of the City of Azusa do hereby certify that the foregoing Ordinance was introduced, placed upon its first reading and read at a regular meeting of the City Council of t.be City of Azusa, Los Angeles County, California, duly and regularly held July 17, 1944, in the regular Council Chambers of said City Council in said City of Azusa, Los Angeles County, California; that said Ordinance was regularly passed and adopted by said City Council, signed. by the Mayor and attested by the City Clerk of said.City at a regular meeting of said City Council in said City on the 7th day of August, 1944, and that same was passed -and adopted by the following vote of the , Council: AYES: Councilmen: Owens, Jumper, Memmesheimer, Lamm NOES: Councilman: Morden ABSENT: None I, the City Clerk of the City of Azusa, do further certify that I caused said Ordinance to be published on the 10th day of August, 1944, in the A-usa Herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in said. City of Azusa, and that the same was published in accordance with, law. M. A. Hynes City Clerk of the ity of Azusa