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HomeMy WebLinkAbout0334 ORDINANCE NO. 334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA M~NDING ORDINANCE NO. 33 OF SAID CITY OF ARCADIA BY ADDING THERETO NINE NEW SECTIONS TO BE NUMBERED 57-L, 57-M, 66-B, 57-N, 57-0, 57-P, 57-Q, 57-R and 57~S, ALL RELATING TO 1H~ TEMPORARY RID~ISSION OF PENALTIES ON DE- LINQUENT TAXES, PAYMENT OF DELINQUENT TAXES IN INSTALL- MENTS AND THE REDEMPTiON AND SALE OF PROPERTY SOLD TO THE CITY FOR DELINQUENT TAXES; AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY. . THE CITY COUNCIL OF THE CITY OF ARCADIA DO ORDAIN AS FOLLOWS: SECTION 1.- That Ordiance No. 33 be and the same is hereby amended by adding thereto a new section to be numbered Section 57-L, and to read as follows: Section 57-L: The word "Taxes" wherever used in this section includes all taxes and assessments and annual installments of assess- ments Charged on the tax roll. In all cases where real estate has been sold to the City of . Arcadia on or before July 6, 1936, 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 successors in interest IIlPVI.(." shall, at any time on or before the twentieth day of April, 1937, '0110.110. have the right to redeem such property by paying to the City Treasur- 460 er of' the City of Arcadia, 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 delinquent and also on 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 permanent custody of the City Clerk, or if not so assessed, then upon the value of the property as assessed in the year nearest the time of' such redempt ion, I'/i th interest on the whole amount of such taxes at the rate of seven per cent (7%) per annum computed from the first day of July, 1935, to the time of such redemption. -1- O.Ad. ;3~;/ The provisions of this section shall be deemed to allow the redemption of such real estate, on or before the twentieth day of April, 1937, free from the payment of any costs, interest (other than the interest hereinbefore in this section provided), penalties"for delinquency, or redemption penalties, which may have accrued against said real estate on or before April 20th, 1937. The provisions of this section shall have no application to the amount or rate of penalties for delinquency or upon redemption, for taxes for the fiscal year 1936-1937. Except as otherwise in Section 57-M and this section provided, such redemption shall be made in the manner prescribed in Sections 57-C and 58 of Ordinance No. 33. SECTION 2.- That Ordinance No. 33 be and the same is hereby amended by adding thereto a new section to be numbered Section 57-M, and to read as follows: Section 57-M: The word "taxes" wherever used in this section, includes all taxes and assessments and annual installments of assess- ments charged on the tax roll. In all cases where real estate has been sold to the City on or before July 6, 1936, far delinquent taxes, and the City has not dis- \\l~V\.lO posed or the same, the person whose estate has been sold, his heirs, .0\\0.1\0. 4CP executors, administrators or other successors in interest shall on 460 or berore April 20, 1937, have the right to elect to pay such delin- quent taxes in installments as hereinafter provided and by the pay- ment of each of such installments, together with current City taxes, to extend the period of redemption of such real estate and to post- pone the date of sale of such property at auction, as provided in Section 40 of said Ordinance No. 33, and the time of making a deed of such property to the City as provided in Section 43 of said Ordi- nance No. 33; 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 Section 66 of said Ordinance No. 33. -2- Cd 3.5'.'/ Upon payment to the City Treasurer on or before April 20, 1937, 01' ten per cent or more of an amount equa 1 to the total of unpaid taxes, computed as prescribed in Section 57-L of said Ordinance No. 33, plus interest on the whole of said amount at the rate of seven per cent per annum from and after July 1, 1935, to date of such pay- ment, and by the further payment on or before April 20, 1937, of all City taxes levied and assessed for the fiscal year 1936-1937, together with penalties and costs due thereon, the right of redemption in in- stallments hereunder shall be extended to and including April 20, 1938, during which time no sale at auction of such property shall be made as provided in Section 40 of said Ordinance No. 33, and no deed to the City shall be made as provided in Section 43 of said Ordinance No. 33, and no resale by the City shall be made in accordance with the pro- visions of Section 66 of said Ordinance No. 33. Upon payment to the City Treasurer, in each succeeding fiscal year, but not later than April 20th, until said amount has been paid 01' ten per cent or more of said total amount together with interest, at the same rate from the date of the preceding payment, on the part or'said total amount remaining unpaid after such preceding payment, wand upon payment on or before April 20th in each of said succeeding i\[p[~l Oi\O,tlo. 1'iscal years of City taxes for each of said years, with penalties 460 and costs due 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 year. In the event of failure to make any of the payments herein specified to be made on or before the date 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 install- ments had been made. -3- ad 33:1 No such payment, nor all of them, shall be deemed a redemption or 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 install- ment or delinquent taxes and interest be paid on or before the respec- tive dates specified in this section, and if redemption of such prop- erty shall be made, on or before the twentieth day of April, 1946, in the manner hereinafter in this section provided, the amounts pre- viously 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, 1946, to en.ect redemption of such property under this section, shall be the sum of the following amounts: (al Unpaid taxes as prescribed in section 57-L of said Ordi- nance No. 33, with interest thereon equal to the amount of interest included in all installment payments previously made, as authorized I\lPl,.L0' by this section, and, in addi tion, interest equal to the amount of 1)\\0. ~o. interest due at the time of such redemption on the remainder, if any, 460 . 01' the amoun t payable in installments, as authori zed by thi s sec tion. (b) Unpaid taxes for the fiscal years following the year end- ing June 30, 1936, with redemption penalties thereon computed in ac- cordance with sections 57-C and 58 of said Ordinance No. 33. Except as in this section provided, such redemption shall be made in the manner prescribed in Sections 57-C and 58 of said Ordi- nance No. 33. All interest received by the City Treasurer pursuant to the provisions 01' this and the preceding section shall be distributed in the same manner as redemption penalties. SECTION 3.- That Ordinance No. 33 be and the same is hereby amended by adding thereto a new section to be numbered Section 65-B and to read as follows: Section 66-B: Notwithstanding the provisions of Section No. 66 01' Ordinance No. 33 of said City of Arcadia, or any ordinance amenda- -4- tJd. 303'1 tory thereof or supplementary thereto, no sale at auction to the pub- lic shall be made of unredeemed property in the years of 1936 or 1937, but at the day and hour fixed in accordance with Section No. 66 or Ordinance No. 33 of said City of Arcadia, all property other- wise sUbject to sale to the public shall be deeded to the City as provided in Section 43 of Ordinance No. 33 of said City of Arcadia. No sale of any property, except property sold to the City for delinquent taxes in the year 1925, or at any time prior to 1925, shall be made in accordance with the provisions of Section No. 66 of Ordinance No. 33 of said City of Arcadia after the effective date of this Ordinance and prior to the first day of January, 1938. Property sold to the City for delinquent taxes in the year 1925, or prior to 1925, and deeded to the City pursuant to Section 43 of Ordinance No. 33 of said City of Arcadia, shall be subject to sale under the provisions of Section No. 66 of Ordinance No. 33 of said City of Arcadia. The provisions of thi s amen dmen t to this section further post- IIl?l~\.to poning the time when sale of property in accordance with the provi- oliO. \\0. 4.60 sions of Section No. 66 of Ordinance No. 33 of said City of Arcadia may be made, shall not apply to any real property which has been deeded or shall have been deeded pursuant to sale for delinquent taxes or assessments to, and is held by, any public agency as that term is defined in Section 3897d of the Political Code of the State of California and to which the right of redemption from such sale no longer exists. Nothing in this section shall be construed to prohibit any agreement or sale made under the provisions of Section 3897d of .the Political C'ode of the State of California. In the years 1936 and 1937 the notice required by Section 36 or Ordiance No. 33 of said City of Arcadia may be in substance and may be in form as follows: "To be deeded to the City of Arcadia, see No. in Addenda to this list". In the years 1936 and 1937 there shall be in addition to the -5- vd $31 notice required by Section No. 36 of Ordinance No. 33, there shall be a no~ice which may be in substance as follows: "Addenda to Delinquent Tax List Noti ce of Disposal of Properties for Delinquent Taxes." In pursuance of law public notice is hereby given that the under- signed tax collector will make deeds to the City of Arcadia for the several parcels and lots of property hereinafter described unless, on or .before tl1e day of , 193_, at the hour of o'clock ~, redemption from sale for delinquent taxes is made in accordance with the provisions of Ordinance No. 33 or any ordinance amendatory thereof, or a postponement of sale is had in accordance with the provisions of Section 57-M of Ordinance No. 33, or a condi- tional payment is made in accordance with the provisions of Section 57-M of Ordinance No. 33 on said date, five years or more will have elapsed from the date of the sale of said property to the City. Dated this day of 193 . Tax Collector of the City of Arcadia, County of Los Angeles, State of California. \\tl't~l.t\l o\\Il.l\o. 0~(} ject The properties which are to be so deeded and which are the sub- of this notice, are situated in the City of Arcadia, California, and are particularly described as follows, to-wit: No. _(descrip- tion of property). assessed to sold to the City for $ . SECTION 4.- That Ordinance No. 33 of said City of Arcadia be and the same is hereby amended by adding thereto a new Section to be known and numbered Section 57-N, and to read as follows: Section 57-N: Any person, his heirs, executors, administrators or other successors in interest. who has made or who shall make a pay- ment or payments on account of the delinquent taxes in accordance with the provisions of Section 57-B o~ Ordinance No. 33, and who in addition has elected or shall elect to pay the delinquent taxes on the same property in installments in accordance with the provisions of Section ~7-M of Ordinance No. 33. or any Ordinance amendatory thereof or sup- plementary thereto, and who in addition shall elect to redeem such -6- cJAd 3':5'y' property from delinquent taxes in accordance with Section 42 of Ordinance No. 33 of said City of Arcadia, shall receive credit on the amount of taxes payable, for the total amount without an allow- anc~ for interest thereon, previously paid to the City Treasurer. In the event payment is made in installments, such credit shall be in addition to and not a substitute for the payment of the whole or any part of such installment then payable. SECTION 5.- That Ordinance No. 33 be and the same is hereby amended .by adding thereto a new section to be numbered Section 57-0, and to read as follows: Section 57-0: Any person, his heirs, executors; administrators or other successors in interest who elected on or before April 20, 1934, to pay delinquent taxes in installments in accordance with the provisions of Section 57-B of Ordinance No. 33 of said City of Arcadia, or vmo, on or before April 20, 1935, or on or before April 20, 1936, elected to do so in accordance with the provisions of Sec- tion 57-E of Ordinance No. 33 of the City of Arcadia, and who failed to pay the taxes for the fiscal years 1933-1934, 1934-1935 or 1935-1936 ~ll'f}.l.i.O ORO.II.. as in said sections required, on or before said date, and who elects to 4:60 pay the delinquent taxes on the same property in installments in ac- cordance with the provisions of Section 57-M, of Ordinance No. 33 of said City of Arcadia, shall receive credit, on the amount of delinquent taxes payable in installments under said Section 57-M of Ordinance No. 33 01' said City of Arcadia, for the total amount, without an allowance or interest thereon, previously paid to the City Treasurer in accord- ance with the provisions of Sections 57-B and 57-E of Ordinance No. 33 01' said City of Arcadia. Such credit shall be in addition to and not a substitute for the payment of the whole or any part of such installment then payable. SECTION 6.- That Ordinance No. 33 of said City of Arcadia be and the same is hereby amended by adding thereto a new Section to be known and numbered Section 57-P and to read as follows: -7- ~ ;;5J>'1 Section 57-P: If the person electing to pay such delinquent taxes in installments, in accordance with the provisions of Section ti7-B, 57-E or 57-M of Ordinance No. 33, his heir~, executors, admin- istrators or other successors in interest, has failed or shall fail to make any of the payments of installments or of current taxes therein required therefor, on or before the dates therein fixed, at the same time the first payment wa~ made, and if the City has not disposed of the property and redemption thereof is made in accordance with the provisions of Sections Nos. 42, 57-A, 57-D or 57-L of Ordi- nance No. 33, within five years after April 20th of the fiscal year within \wich such failure to pay occurred, but not later than April 20, 1946, there shall be credited on the amount to be paid for such redemption, in accordance with the provisions of Sections 42, 57-A, 57-D or 57-L, of Ordinance No. 33, the a~ounts previously paid to the City Treasurer in accordance with the provisions of said sections 57-B, 57-E or 57-M, of Ordinance No. 33 of said City of Arcadia. SECTION 7:- That Ordinance No. 53 of said City of Arcadia be RLPL^\'S1 llRO, 110. 4160 and the same is hereby amended by adding thereto a new section to be known and numbered Section 57-Q, and to read as follows: Section 57-Q.: The word "taxes" wherever used in this section, includes all taxes and assessments and annual installments of assess- ments charged on the tax rolls. In all cases where real estate has been sold to the City for delinquent taxes on or before July 6, 1935, and the City has not dis- posed 01' the same, the person whose estate has been or may hereafter be sold, his heirs, executors, administrators, or other successors in interest, at any time on or prior to September 1, 1936, shall have the right to redeem such real estate, without penalties for delinquency, costs or redemption penalties or interest of whatever name or descrip- tion, by paying on or before said. date to the City Treasurer, the amount 01' taxes thereon at the time of sale, and also all taxes that were a lien upon said real property at the time said taxes became de- linquent and also all unpaid taxes of every description assessed againt the -8- CJvu/. ;S 3' V . property for each year since the sale, as shown on the delinquent rolls of said City; or if not so assessed, then upon the value of the property assessed in the year nearest the time of such redemp- tion. SECTION 8: That Ordinance No. 33 of said City of Arcadia be and the same is hereby amended by adding thereto a new Section to be known and numbered Section 57-R, and to read as follows: Section 57-R: In the event a person has elected to pay in install- ments, delinquent taxes which are a lien upon any real estate, in ac- cordance with the provisions of Sections 57-B, 57-E or 57-M of Ordi- nance No. 33, and he, his heirs, executors, administrators or other successors in interest, elects to make final redemption of the same real estate under the provisions of Section 57-Q of Ordinance No. 33, there shall be deducted from the amount necessary to effect such final redemption under Section 57-Q, of. Ordinance No. 33, a credit equal to the total amount theretofore paid by such person, his heirs, exec utors, admini strato rs and other successors in. interest, under I\(P(t>.\.tIl 0\\0.1\0. See tions 57-B, .57-E or 57-M, includi ng therein all ins tallmen ts, in- terest, taxes and penalties paid thereunder. SECTION 9: That Ordinance No. 33 of said City of Arcadia be and 4iJfiO the same is hereby amended by adding thereto a new section to. be known and numbered Section 57-S, and to read as follows: Section 57-S: Vfuenever the City Treasurer and Tax Collector notifies the City Assessor that payment of delinquent taxes under Section 57-E has been started, and the property upon which the taxes are being paid does not appear on the assessment roll, the City Assessor shall be required to make an assessment according to the current value and to place the property on the current assessment roll for that year and for each year thereafter so long as payments under such sections are kept up. The property when so returned to the assessment roll shall be assessed in the name of the holder of the fee title immediately prior to the deed to the City. ffuenever property is being redeemed under Sections 57-B, 57-E or 57-L of Ordinance No. 33 and does not appear on the assessment -9- L/A-<../ 33Y roll, the City Treasurer and Tax Collector shall furnish the City Assessor with a list of the years for which no assessment has been made and the Assessor shall place a valuation on the property which the City Treasurer and Tax Collector shall use in computing the tax 1'or the years when property was not assessed. SECTION 10: This Ordinance is declared to be an urgency meas- ure necessary for the immediate preservation of the public peace, health and safety, and the facts that constitute such necessity, are as follows: Due to the widespread depression, many taxpayers have been un- able to pay their taxes or to redeem their property from sale to the City for delinquency; by permitting redemption without penalties, many taxpayers will be enabled to redeem their property, restore the same to the tax rolls and thereby add revenue for the operation of the City government. It is aloo necessary in order to redeem much ot' tnis property which does not at the present time appear on the assessment rolls, that it be assessed according to present day REPE^LtC ORO.l\o. values; 11' this is not done immediately, taxpayers whose property does 460 not now appear on the assessmen t rolls, will be unable to take ad- vantage of the rights granted by this Ordinance. SECTION 11: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published once in the Arcadia Tribune, a weekly newspaper, published and c ircula ted in said City of Arcadia, and thereupon and thereafter the same shall take effect and be in force. I hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 21st day of July , 1936, by the affirmative vote 01' at least four Councilmen, to-wit: -10- O.A-d ~3Y ~EPEAtW GRD. lib. 4GG AYES: Councilmen, Corby, Daniels, Grittitts and McLean. NOES: None. ABSENT: Councilman Hottman. Signed and approved this 21st ATTEST: ~ ~~- - City C1er ~~ - City Clerk day of July , 1936. ______~'"".-.foW.~ Mayor -11- o~ ~~<j