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HomeMy WebLinkAbout0355 ~ , If ~ l' (J - .;:), (,..I ~ - /_' t I -' ORDINANCE NO. 355 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING ORDINANCE NO. 33 OF SAID CITY OF ARCADIA BY ADDING THERETO EIGHT NEW SECTIONS TO BE NUMBERED 57-L-l, 57-M-l, 66-C, 57-N-l, 57-0-1, 57-P-l, 57-Q-l AND 57-R-l, ALL RELATING TO THE TEMPORARY REMISSION OF PENALTIES ON DELINQUENT TAXES, PAYMENT OF DELINQUEWr TAXES IN INSTALUlEwrS AND THE REDEMPTION AND SALE OF PROPERTY SOID TO THE CITY FOR DELINQUENT TAXES; AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT IldMEDIATELY. THE CI'l'Y COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS : SECTION 1: That Ordinance No. :33 be and the same is hereby amended by adding thereto a new section to be numbered Section 57-L-1, Emd to read as follows: SECTION 57-L-l: The word "taxes" wherever used in this Section, includes all taxes and assessments and annual install- ments of assessments charged on the tax roll. In all cases where real estate has been sold to the City of Arcadia on or before July 6, 1937, 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 shall, at any time on or before the twentieth day of April, \'.t?t"l"JI) 1938, have the right to redeem such property by paying to the City ll\'.\)' \\" Treasurer of the City of Arcadia, the amount of taxes due thereon at 4160 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 all unpaid taxes of every description assessed against the property to- gether with all t.axes that are a lien against the property for each year since the sale, as shown on the delinquent assessment rolls in the permanent cus'!;ody of the City Clerk, or, if not so assessed, upon the value of the property as fixed by the Assessor under the Ord. . #33 . provisions of Section57S of / , with interest on the whole amount of such taxes at the rate of s even per cent per annum computed from the first day of July, 1936, to the time of such redemption. The provisions of this Section shall be deemed to allow the -1- O,Ad. 3S~ redemption o~ such real estate, on or be~ore the twentieth day of April, 1938, free ~rom the payment o~ any costs, interest (other than the interest hereinbe~ore in this Section provided), pena1- ties.~or delinquency, .or redemption penalties,. which may have accrued against aaid real estate on or be~ore April 20, 1938. The provisions o~ this Section shall have no application to the amount or rate o~ penalties ~or delinquency or upon re- demption, ~or taxes ~or the ~isca1 year 1937-1938. Except as otherwise in Section 57-M-1 and this Section provided, such rodemption shall be made in the manner prescribed in Sections 57-C and 58 o~ 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-1, and to read as follows: SECTIon 57-M-l: The word fttaxesft wherever used in this Section, includes all taxes, assessments and annual installments o~ assessments charged on the tax roll. In all cases where real estate has been sold to the City on or be~ore July 6, 1936, for delinquent taxes, and the City has ~~~~~~ not disposed o~ the same, the person whose estate has been sold, his all ~.. o~ . executors, administrators, heirs or other successors in interest 4160 shall on or be~ore April 20, 1938, have the right to elect to pay such delinquent taxes in installments as hereinafter provided and by the pa~ent of each of such installments, together with current taxes, to extend the period of redem~tion o~ such real estate and to postpone the date o~ sale o~ such property at auction, as provided in Section 40 of said Ordinance No. 33, and the time of making a deed o~ such property to the City as provided in section 43 o~ said Ordinance 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. Upon payment to the City Treasurer on or be~ore April 20, 1938, of ten per cent or more, of an amount equal to the total of -2- c::/'"d 3' 6. ~ unpaid taxes computed as prescribed in Section 57-L-l of said Ordinance No. 33, plus interest on the whole of said amount at the rate of seven pe]~ cent per annum from and after July 1, 1936, to date of such payment and by the further payment on or before April 20, 1938, of all City taxes levied and assessed for the fiscal year 1937-1938, together with penalties and costs due thereon, the right of redemptton in installments hereunder shall be extended to and including April 20, 1939, during which time no sale at auction of such property shall be made as provided in Section 40 of Ordi- nance No. 33, and no deed to the City shall be made as provided in 110 Section 43 of said Ordinance No. 33, an~resale by the City shall be made in accordance with the provisions of Section 66 of said Ordinance No. 33. Upon pElyment to the City Treasurer, in each succeeding fiscal year, but not later than April 20th, until said amount has been paid, of ten per cent or more of said total amount together with interest, at the same rate from the date of the preceding pay- ment and upon payment on or before April 20th in each of said succeeding fiscal years of City taxes for each of said years, with ~~UD penalties and costs due thereon, the right of redemption shall be 1\- .)) ORO. 1lQI... . .<-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 suspen- 4160 ded 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 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 in- stallments had been made. No such payment, nor all of them, shall be deemed a re- demption of real estate nor af.fect the right, title or interest of the City thereto, but shall be deemed and consid.8eed as compensation -3- r//VJ :?5:~ for the use and .,ccupancy 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 twen- tieth day of Apr:Ll, 1947, in the lIl8.IlJler 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 redemp- tion. i.~\.~ "~\l. ~o. The amount to be paid on or before the twentieth day of April, 1947, to effect redemption of such property under this Section shall be the sum of the following amounts: (a) Unpaid taxes as prescribed in Section 57-L-l of said Ordinance No. 33. with interest thereon equal to the amount of in- terest included :I.n all installment payments previously made, as authorized by tbd.s Section and, in addition, interest equal to the amount of interest due at the time of such redemption on the remain- der, if any, of the amount payable in installments, as authorized by this Section. (b) Unpaid taxes for the fiscal years following the year end- ing June 30, 19~7, with redemption penalties thereon computed in accordance with Sections 57-C and 58 of said Ordinance No. 33. 4l6iOl Except as in this Section provided, such redemption shall be made in the manner prescribed in Section 57-C and 58 of said Ordinance No. 33. SECTION 3: That Ordinance No. 33 be and the same is hereby amended by adding thereto a new section to be numbered Section 66-C, and to read as follows: SECTION 66-C: Notwlthstandingthe provisions of Section No. 66 of Ordinance No. 33 of said City of Arcadia, or any ordinance amendatory thereof or supplementary thereto, no sale at auction to the public shall be made of unredeemed property in the years of 1937 or 1938 or in the month of January, 1939, but at the day and hour fixed in accc:>rdance with Section No. 66 of Ordinance No. 33 of -4- /214'/ r,:?h":.j said City of Arclldia, all property otherwise 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 tf~es in the year 1930, or at any time prior to 1930 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 act and prior to the first day of February, 1939. Property sold to the City for delinquent taxes in the year 1930 or prior to 1930, 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 C1.ty of Arcadia. The provisions of this amendment to this Section further postponing the time when sale of property in accordance with the provisions 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 lI~Vl~\.(\l ollO.~o. term is defined in Section 3897d of the Political Code of the State 4iJSi())of California and to which the right of redemption from such sale no longer exists. Nothing in this Section shall be construed to prohibit the making of any agreement or sale under the provisions of Section 3897d of the Political Code of the State of California. In the years 1937 and 1938 the notice required by Section 36 of Ordinance N.,. 33 of said City of Arcadia, shall be in sub- stance and may be in form as follows: "To be deeded to the City of .. Arcadia, see No.__ in addenda to this list.n In the years 1937 and 1938 there shall be in.addition to the notice required by Section No. 36 of Ordinance No. 33, there shall be a notice which may be in substance and form as follows: -5- o~ 3:;:;:~ "Addenda to Delinquent Tax Listn Notice of Disposal of Properties for Delinquent faxes. In pursuance of law, public notice is hereby given that the undersigned Tax Collector will make deeds to the City of Arcadia for the several parcels and lots of property hereinafter described unless on or before the_ day of 193 ,at the hour of o'clock M, 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 to the provisions of Section 57-M-l of Ordinance No. 33 or a con- ditional payment is made in accordance with the provisions of Section 57-M-l 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. day of ,193 . Dated this Tax Collector of the vity of Arcadia, County of Los Angeles, State of Californi~. The properties which are to be so deeded and which are the ~ subject of this notice, are situated in the City of Arcadia, Cali- ~" all\). \(0. fornia, and particularly described as follows, to-wit: No (description 4l6i()) City for $ of property), assessed to sold to the . 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 numbered Secticm 57-N-l, and to read as follows: SECTION 57-N-l: Any person, his heirs, executors, ad- ministrators or other successors in interest, who makes an install- ment payment on a(~count of delinquent taxes, penalties, cost and interest, in accordance with the provisions of any section of Ordi- nance No. 33 providing for such payment and who elects to redeem the property, shall receive credit on the amount necessary to redeem for the total amount, without an allowance for interest thereon, -6- ///!..r/ c.~,<.<:)' previously paid in installments. Such credit shall be allowed after computation of the amount necessary to redeem. No such c redi t shall be allowed after five years from date of default of any installment payment. 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-I, and to read as follows: SECTION 57-0-1: Any person, his heirs, executors, ad- ministrators or other successors in interest, who elected to pay IIEPEAlED 0110.1\.. delinquent taxes in installments in accordance with the provisions of any section of: Ordinance No. 33 providing for such payment and who has defaulted in his payments under such section, and who elects to pay delinquent taxes in installments as provided in Section 57-M-I, of Ordinance No. 33, shall receive credit on the amount payable for the total amount, without an allowance of interest thereon, previously paid. This credit is in addition to and not a substitute for the payment of any part of any installment payable. SECTION 6: That Ordinance No. 33 of said City of Arcadia 4I:!5i()) be and the same is hersby amended by adding thereto a new section to be numbered Section 57-P-l, and to read as follows: SECTION 57-P-l: That all or any part of the money re- ceived in accord~nce with the provisions of any section of Ordinance No. 33, providing for payment of delinquent taxes in installments, may be held until redemption is completed, or 'may be distributed as the IDDDey is receIved. If distributed as received, the money shall be distributed to the same funds for which, and in the same propor- tions in which, tIle delinquent taxes were levied, starting with the year first delinquent and proceeding successively by years until the payments equal all the unpaid taxes. Money thereafter received shall be held until full redemption is made. On redemption, distribution of moneys not previously distributed shall be in accordance with the distribution of pE'nalties and costs. -7- .--I / --= - ~ ///1./' . .,;J<-'> ,...., SECTION 7: That Ordinance No. 33 of said City of Arcadia be and the same is hereby amended by adding the~eto a new section to be numbered Section 57-Q.~1, and to read as follows: SECTION li7-Q-I: The word "taxes" wherever used in this ~Section, includes all taxes and assessments and annual installments of ~assessments, charged on the tax rolls. ",-0" ~ In all cases where real estate has been sold to the City for delinquent taxes on or before July 6, 1936, and the City has not'dis- posed of 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, 1937, shall have the right to redeem such real estate, without penalties for delin- quency, costs or redemption penalties or interest of whatever name or description, by pa;y'ing on or before said date to the City Treasurer of the City of Arcadia, the amount of 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 delinquent and also all unpaid taxes of every description which are a lien against the property for each year since the sale, as shown on the delinquent rolls in the then IIEVE~\.l\l ORO.~o. permanent custody of the City Clerk of the City of Arcadia; or, if 4!5~ot assessed, then upon the value of.the property as fixed by the Assessor under the provisions of said Ordinance No. 33 of said City of, Arcadia. 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 numbered Section 57-R-l, and to read as follows: " SECTION 57-R-I: That Section No. 8 of Ordinance No. 33%.. ~ adding thereto Section 57-R, be and the same is hereby repealed. SECTION 9: This Ordinance is declared to be an urgency measure necessary for the immediate preservation of the public peace, health and safety and the facts that constitute such necessity, are as follows: . Due to thEI widespread depression, many taxpayers have been -8- ()~ Sb~ unable to pay the1:!' 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 also necessary in order to redeem much of this property which doe13 not at the present time appear on the assessment rolls, that it be assessed according to present day values; if this is not done immediately, taxpayers whose property does bot now appear on the assessment rolls, will be unable to take advantage of the rights granted by this Ordinance. SECTION 10: The City Glerk shall certify to the adoption of this Ordinance and shall cause the same to be published, once in the Arcadia Tribune, a daily newspaper, published and c1rculated in said City of Arcad:l.a, 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 18th day of May , 1937, by the affirmative vote of at least "EPE~\.U> 0110. \'10. four councilmen, to-wit: AYES: Councilmen, Corby, Daniels, Griffitts, Hoffman snd McLean ~GO NOES: None ABSENT: None /~~ Signed and approved this 18th day of May , 1937. - ~~VJ. ~~ Mayor ~ ATTEST: ~i~ -9- GAd. '3-.56--