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HomeMy WebLinkAbout0378 \It.~~~ plio, 41St)) ORDINANCE NO.378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA A~~rDING ORDINANC3 NO. 33 OF SAID CITY OF ARCADIA BY ADDING THERETO FOUR NE~7 SECTIm:S TO BE l!UI.;SERED 57-L-2, 57-1.:-2, 57-0-2, 57-0-3, Al.:ENDIl',G SECTIO~, .37-0-l At:D REPEALING SECTION 57-Q-l, RELATING TO TAXATION AND ASSESS~~TTS, INCLUDING PATI.~;T OF TAXES IN INSTALL1ffiNTS AND REDEMPTION FROM TAX SALES, AND DECLARH'G THE URGENCY THEREOF, TO TAKE EFFECT II5J.iEDIATELY. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLC'lS: SECTION L: That Ordinance No. 33 be and the same is hereby amended by adding thereto a neTI section to be numbered Section 57-L- 2, ~nd to read as follows: SECTION 57-L-2: "Taxes n as ~sed in tl/is Section, in- cludes all taxes €.nd assessments and annual installments of assess- ments charged on the tax roll. In all cases uhere 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. may on or before the twentieth day of August, 1938, redeem such property by paying the amount of unpaid taxes. as defined in Sectior..s.'Z.-O-2 , ':i1 th interest on the \'rhole amount of unpaid taxes at the rate of seven per cent per annum computed beginning the first day of JUly, 1936. to the time of such redemption. Eo other interest, costs, penalties for delinquency or redemption penalties accruing before August 20. 1938, need be paid on suCh redemption. Except as othe~lise in Section 57-M-2 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 addinl3 thereto a new section to be numbered Section 57-1'-2, and to read as follows: -l- c;JJ 3;>c? SECTION 57-M-2: The \7ord "Taxes" vlherever used in this Section, includes all taxes, assessments and annual installments of assessments charged on the tax roll. In all cases where real esta:te has been sold to the City 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 executors, administrators, heirs or other successors in interest may on or before August 20, 1938, elect to pay such delinquent taxes in ins tallmen ts. Duri~3 the time such installments are paid as prescribed in this Section, together \7ith current City taxes, the period of redemption of SUcll real estate is extended, and there shall be no sale of the property at auction as provided in Section 40 of said Ordinance No. 33 and no deed to the City as provided in Section 43 of said Ordinance No. 33, and in the event such property has been IIlVV<110 OllWlIo. deeded to the City, the resale of such real estate by the City as provided in Section 66 of said Ordinance No. 33 shall be postponed. Such payments in installments shall be made as follows: (a) The first payment shall consist of ten per cent, or more, 41S.Q~ of the amount of unpaid taxes, as defined in Sectior57-0-2 of this Ordinance, plus interest on the whole amount of unpaid taxes at seven 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 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 unpaid taxes remaining unpaid after the previous payment. In the event of a failure to make any of the payments on or before the dates prescribed, suCh property is thereupon subject -2- OAd c5'?? 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. 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. If eaeh installment is paid as prescribed and if redemp- tion of the property is made on or before the twentieth day of April, 1948, 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, 1948, the amount necessary to rede'~m the property is the sum of the following amounts, unless, under som'~ other method of redemption, a redemption may be made for a lesser amount, (a) 'I'he amount of unpaid taxes, with interest thereon equal to the amoill1t of interest included in all installment payments previously made or credited. lItvv.\.01 01\\1. \(0, (b) Interest equal to the amount of interest due at the LtS'~ time of such redemption on the remainder, if any, of the amount of unpaid taxes payable in installments under this Section. Except, as in this Section provided, such redemption shall be made in the ma~ner prescribed in Section 57-C and 58 of Ordinance Numb er 33. SECTION 3: That Section 57-0-l of Ordinance Number 33 be and the same is hereby amended to read as follows: SECTION 57-0-l: Any person, his heirs, executors, ad- ministrators or other successors in interest, who elected to pay delinquent taxes in installments in accordance with the provisions of any Section of Ordinance Number 33 providing for such payment and who has defaulted in his payments under such Section, and who elects to pay delinquent taxes in installments under a section providing for such payment, shall receive credit on the amount payable for the total -3- {)Ad 3?f 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 and shall be allowed after the first installment is paid. SECTION 4: That Section 57-Q-l of Ordinance Number 33 be and the same is hereby repealed. SECTION 5: That Ordinance Number 33 of said City of Arcadia be and the same is hereby amended by adding thereto a new section to be numbered Section 57-0-2, and to read as follows: SECTION 57-0-2: As used in any section of Ordinance Number 33 providing for redemption of real estate from tax sale or in any section providing for payment of delinquent taxes in install- ments "amount of unpaid taxes" means the sum of the following amounts: (a) The amount of taxes which were a lien on the real estate at the time of the sale. IIlPV>li!l olO. \t1>. 4}:sdien on the property for the year of sale and for each year since the sale, as shown on the delinquent assessment rolls of the City of (b) All other unpaid taxes of every description which are a Arcadia, or if not so assessed, then on the value of the property as fixed by the asse:3sor under the provisions of Section 57-K and other sections of Ordinance Number 33. SECTI(H~ 6: That Ordinance No. 33 be and the same is hereby amended by adding thereto a new section to be numbered Section 57-0-3, and to read as follows: SECTION 57-0-3: \Vhenever property is being redeemed, and the property does not appear on the assessment roll, the City Clerk may do either of the following: (a) Require the redemptioner to pay the taxes, penalties and costs due for the fiscal year in which redemption is made at the same time and in the s !lme manner as the amount necessary to redeem. The audi tor shall baSEl his computation of the amount of these taxes on the -4- o~ "?7.F valuation of the property as shown on the assessment roll, or if the property does not appear on the assessment roll, then on the assess- ment as provided ~or in Section 57-K and other appropriate sections of Ordinance No. :33. In this event, the assessor shall enter the property on the tax roll for the fiscal year succeeding the year in which the redempt:ion is made. (b) Require that the property be placed on the tax roll for the fiscal year in which redemption is made and that taxes and penalties for such year be collected as if the property were origi- nally on the tax roll. In this event, the assessor shall assess the property on the tax roll for the fiscal year in which redemption is made. SECTION 7: 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: I\lVl~\.lll Due to the widespread depression, many taxpayers have 01\0.110. been unable to palr their taxes or to redeem their property from sale 41S~ to the City of Areadia for delinquency. By permitting redemption with reduced penalties and payment of delinquent taxes in installments, 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 maintenance of government. SECTION 8: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published once in the Arcadia Tribune, It daily newspaper, published and circulated in said City of Arcadia, and thereupon and thereafter the same shall take effect and be in force. I herElby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 17th day of J{ay, 1938, by the affirmative vote of at least four councilmen, to-wit: -5- Od 3''/6' AYES: Councilmen Bolz, Griffitts, Malin, Murphy and Niday NOES: None ABSENT: None -~a:~ Signed and approved this 17th day of May, 1938. ~Z!;J~ ATTEST: ~4~-:> CJ. y er..<: ~ ~~l~ . oRO\ ~~ 4'l:(fiiD; -6- dAd 3?Y AFFJDAVJr OF PV8LJCArJOH LEGAL NOTICE ORDINANCE NO. 378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AR- CADIA AMENDING ORDINANCE NO. 33 OF SAID CITY OF utCA- D I A BY ADDING THERETO FOUR NEW SECTIONS TO BE NUMBERED 5'-L-z, 5'-M-Z. 5'- 0-11, 5'-0-3. AMENDING SECTION 5'-0-1 AND REPEALING SEC- TION 5'-Q-I. RELATING T9 TAXATION 4ND ASSESSMENTS. INCLUDING PA YMEN T OF TAXES IN INSTALLMENTS AND REDEMPrION FROM TAX SALES. AND DECLARING THE URGEN- CY THEREOF. TO TAKE EFFECT IMMEDIATELY, THE CITY COUNClI, OF THE CITY OF ARCADIA DOES OR- DA.lN AS FOLLOWS: SECTION 1: Tha.t Ordinance No. 33 be and the same is hereby amended by adding thereto a new seetlon to be numbered Sectlon 57-L-2. and to read as follows: SECTION 57-L-2: "Taxes" as used in this Sectlon, includes all taxes and assessments and annual installments of assessments charged on the tax roll. In all cases where real esta tc has been sold to the City of Ar- cadIa on or before July 6, 1937. ~or delinquent taxes and the City has not disposed of the same. the person whose estate ha.s been sold. his heirs, executors. administrators 0:- other successors In interest. may on or before the twentieth day ot August, 1938, redeem such property by paying the amount of unpaid taxes, as de!ined in Se:t1on 57-0-2 with interest on the whole amount of unpaid taxes at the ra,.te of seven per cent per annmn com- puted beginning the tirst day of July. 1936, to the time of such redemption. No other interest, costs, pena.l- ties for del1nquency or redemption penalties accruing before August 20, 1938. need be paid on such re- demption. Except as otherwise In Section 57-M-2 and this Section provided. such redemption shall be made In the manner prescribed in See- --......-..............-......................-.....-...-.....-..-... tions 57-0 and 58 of Ordinance No. ------7/-y ~:..:;:::~:.~':-= --"'/~fIL"'""J .........-...........-..- rn-- :~;~~n~ ~e r~~bae:7ol~~~I:on 57- eamled.1.:._ ~ .._._~ SECTION 57-M-2: The word -l./VI ------- '----"Taxes" wherever used In this see- - tion, includes all taxes, a.ssessments 8ubK:r1bed and rrwml to before me and annual installments of assess- JL ~ I ments charged on the tax roll. In all cases where real estate t.h18_ --.--.-___.__ has been sold to Ute City on or ~~ ? t:o before July 6. 193'. for dellnquent of II ~ taxes. and the City has not dls- . - .- (~ posed of the same, the person whose estate has been sold, his executors; ,_,__ZZ2: admlnlskators. heirs or other suc- Rotar)- Publ1a in and. tor the cessors In interest may on or be- fore August 20, 1938, elect to pay of Lao Anleleo. stat.. of OaIIfamla. such delinquent taxes In install- M3l Commwfon Expirc.l Sept. 30. I S'JB m~ing thetlme such Install- ments are paid as prescribed In thIs sectlon. together wIth cur- rent City taxes. the period of re- demption of such real estate 1s COUNIT OF LOS ANGELFS } Il8 STATE OF CAliFORNIA A. Harold Noon of saId COUnty and Btate. being duly sworn, S&y8: That he 13 ami at all times herein mention was a citizen of the UDit..ed. Btates. aver eighteen yea.rs of age, and not a party to nor Interested In tille above entltled matter; that he Is l;he prln ter Prl~,2,~,l',~:!:..._2:!:..~,!:!s,...~,~...,~,h~,.,., of TIlE ARCADIA DAILY TRIBUNE B dally newspaper printed and pub- Ilshed in the Olty of Arcadia. COtUlty of Lao Angeles; that said newspaper has been continuously printed and pub- Ilshed dally. except Sundays and Holl- days for a period Of more than two years prior to the date hereof; that said newspaper is a paper of gtm- eral clrculatton, having a bona f'ide subscription list of paid subscrIbe",; Utat the ..,...,..,~~,!?i,~,~,.,~<?,~..~,~,~......,...,._,._.._,.. of which the annexed Is a printed copy, was published in saId newspaper and not In a supplement thereof on t.be following day,.... to-wit; ,_,.,..,~,;r.,.,'~.?,.."...~,9.,~~...._"_"_,.___,.. extended, and there 8haU be no sale of the property at auctlQn as provided in Beetlon 40 of said Or- dinance No. 33 and no deed. to the City as provided In Section 43 of said Ordinance No. 33. and tn the event such property haa been deeded to the City. the reo sale of such real estate by the City as provided in sectlon 66 of .said Ordinance No. 33 shall be postponed, Such payments in installments shall be made as follows: . (a) The first payment shall consist of ten per cent, or more! of the amount of unpaid taxes. 88 defined In Section 57-0-2 of thlB Ordinance, plus interest on ~e whole amount of unpaid taxes at seven per cent per annmn begin- ning July 1, 1936. to date of suclh payment. Before such first payment 1s made there must be paJd Ute amount of taxes, penalties and costs due and. payable for the fiscal year in which such payment 18 made. (b) Further payments shan be made not la.ter than AprU 20 in each succeeding fiscal year and each payment shall consist of ten per cent or more of the whole amount of unpaid taxes, plus in- terest at seven per cent per annum from the date of the preceding pay- ment on the balance of the amount of unpaid taxes remaining unpaid after the previous payment. In the event of a faUure to make any of the payments on or before the dates prescribed, such proper- ty 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 install- ments had been made. No such payment, nor aU 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. If each installment is paid as prescribed and if redemption of the property Is made on or before the twentieth day of April. 1948. the amounts previously pajd and credited are a credit on the amount to be paid for such redemption. If all installments are paid as prescrtbed and the property Is re- deemed on or before Ute twentieth dsy of April. 1948. the amol1/lt necessary to redeem the property is the sum at the following amoun~. unless, under some other method at redempUon. a redempUon may be made for a lesser amount. (a) The amount of unpaid taxes, with Intere:st thereon equaJ. to Ute 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 GAl. TWO - ORD, 378 BB .....,..B 6uch redemption on the remainder, 11 any. of the amount of unpaid taxes payable In installments under this sectlon, Except. as In this section pro- vided, such redemption shaH be I made in Ute manner preSCribed in section 57-C and 58 Of Ordi- nance Number 33. SECTION 3: That sectlon 57- 0-1 of Ordinance Number 33 be Cd 3:?F AFFIDAVI2' OF PVBLlCA2'IOH COUNIY OF LOS ANGELES} os STATE OF CAUFORNIA of ""Id COUnty and stale, being d.11I1 sworn, says: That he Ia and at all times herein mention WllB a citizen of the UIlIted States, over elBhleen years of 8BI'. nnd not a party to nor Intere&ted In the above entitled matter; that he Ia the ,......,.,.,.,...,....,..".,.,...,.,.,.,..............,.,.,.".."...,. of mE ARCADIA DAILY lRlBUNE a dally newspaper printed and pub- lished. In the Olty of ArcadIa, County of Loe Angeles; that said newspaper hIlS been contlnuousIy printed and pub- lished dall,y, except Sunclays and Holi- days for a period Of more than two years prior to the date hereof; that said neWBpaper Is a paper of gen- eral circulation, having a bona fide subscription lJat of paid subscribers; that the of which the annexed Is a printed copy, was published in SB.1d newspaper and not in a supplement thereof on the following clay..... to-wit: =::::::~:;;;z~=:~::: ~ Sullocrlbed and sworn to before me, thla.........._,........................___,__ nl ,11_ Nola17 Publ10 In and for the 00tInt)' of Loe Angeles, Btatol of oaJIfarnla. and the same is hereby amended to read as follows: SECTION 57-0-1: AIly person. his heirs. executors, adrn1Illlstrators or other successors in interest, who elected to pay delinquent taxes In installments In accordance with the provlslons of any Section of Ordi- nance Number 33 providing for such payment and who has de- faulted in his payments under suc~ Section, and who elects to pay delinquent taxes in instllllments under a sectlon proViding for such payment, shall receIve credit on the amount payable for the totnl 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 paY- able and shall be allowed after the first installment is paid. SECTION 4: That Section 57-Q-l or Ordinance Number 33 be and the same is hereby repealed. SECTION 5: That Ordinance Number 33 of saId City of ArcadJa be and the same is hereby amend~d by adding thereto a new 15ectlon to be n1.4'.r:.bered Section 57-0-~, and to read as follows: SECTION 57-0-2: As used In any seetlon of Ordinance Number 3;i providmg fOi: j'ede;11ptl::m or teal estate from tax sale or in any rection providinl for pn.yment of delinquent taxes in installments "amount of unpaid taxes" means the sum of the following amounts: (a) The amount of .taxes which t"Jere a lien on the real estate at the time of the sale. (b) All other unpaid taxes of cvery description which are a ]fen on the property for the year of sale and for each year since the . snle, as shown on the delinquent as- sessment rolls of the CIty of Ar- cadia. or if not so assessed, then on ~he value of the property as fixed by the assessor under the provt- sions at Section 57-K and other sections of Ordinance Number 33. EEarION 6: That Ordinance No. 33 be and the same is hereby a:r.ended by aoding thereto a new section to be numbered Section 57- 0-3. and to read as follows: SECTION 57-0-3: Whenever property is being redeemed, and the p:-operty does not appear on the assessment roll, the City Clerk may do either of the following: (a) Require the redemptioner to pay the taxes, penalties and costs due for the fiscal year in which redemption is made at the same time and in the same manner as the amount necessary to redeem. The auditor shall base his compu- tation of the amount of theBiL.~ es on the valuation of the propert.v as shown on the assessment roll. or if the property does not appear on the assessment roll, then on the assessment as provided tor in Sec- tion 57-K and other appropriate sections of Ordinance No. 33. In this event, the assessor shall enter the property on the tax roll for the f1sca1 year succeedJng the year In which the redemption Is made, (b) Require that the property be placed on the tax roll for the flscal year In which redemption Is made and that taxes and penal- ties for Such year be collected as if the property were or1g1nally on the tax roll. In this event, the assessor shal1 assess the property on the tax roll for the fiscal year in which redemption 18 made. SECTION 7: ThIs Ordinance Is declared to be an Uf1rW.Cy mea- sure necessary for the immediate preservation of the public peace, health and safety and the facts that constitute such necesslty. are as tallows: Due to the widespread depression, many taxpayers have been unable to pay their taxes or to redeem their property tram sale to the City of Arcadia for delinquency. B, permittIng redemption with reduced penalties and payment of deUn- quent taxes in installments, many taxpayers will be enabled to re- deem their property, restore the same to the tax rolls and thereby add needed revenue for the oper- ation and maintenance of govern- ment. SECTION 8: The City Olerk shall certify to the adoption of this Ordinance and shall cause the same to be published once In the Arcad1a TrIbune, a daUy news- paper, publ1shed and circulated ~ sold City of Arcadia. and there.. upon and thereafter the same shall take effect and be in force. I hereby certify that the fore- going OrdInance was adopted at B re~ar rneetblg of ~e qity Counell at the City ot Arcadia held on the 17th day of May. 1938, by the affirmative vote of at least tour councUmen, to-wit: AYES: CouncUrnen Bolz. Grif- fltUi, MaUn, Murphy and Niday. NOES: None, ABSENT: None. W, H, Signed and aproved day of May, 1938, NESBrrr, City Olerk thts 17th A. F, MALIN. Mayor ATl'EST: W, H, NESBITT. CIty Olm Publish 5-27-1938. ~vf/3K a,d 8P?