§ 4.28.320. Procedure for sale of city acquired property.  


Latest version.
  • Whenever the city has become the owner of any property sold for taxes and the deed to the city has been filed with the city clerk and recorded or registered as provided in Section 4.28.295, the legislative body by resolution may authorize and direct the city assessor, tax and license collector to sell the property or any part thereof as in their judgment they shall deem advisable in the manner following:

    A.

    He must give notice of the sale by first publishing a notice once a week for 3 successive weeks in some newspaper of general circulation published in the city, or if there be no newspaper published therein, then by posting a notice in 3 conspicuous places in the city, 1 of which shall be in the United States Post Office, nearest the land to be sold, in addition to a notice conspicuously posted on the land itself for the same period. Such notices must state specifically the place of and the day and hour of sale and shall contain a description of the property to be sold and shall also contain a detailed statement of all the delinquent taxes, penalties and costs required under Section 4.28.250, as if redemption were to be made, together with expenses up to the date of such sale, and shall give the name of the person to whom the property was assessed for each year on which there may be delinquent taxes against said property or any part thereof and the notice shall embody a copy of the authorization received from the legislative body. It shall be the duty of the city assessor, tax and license collector to mail within 5 days after the 1st publication of the notice of sale a copy of the notice, postage thereon prepaid and registered, to the party to whom the land was last assessed next before the sale or to the owner, if known, at his last known post office address 21 days before the date of sale thereunder.

    B.

    At the time set for such sale, the city assessor, tax and license collector must sell the property described in the legislative body's authorization and said notices, at public auction to the highest bidder for cash, in lawful money of the United States, or as may be otherwise provided by ordinance.

    C.

    But no bid shall be received or accepted at the sale for less than the amount of all the taxes levied upon the property and all costs and penalties for every year delinquent as shown by the delinquent rolls for said years, and also all tax liens up to the date of the execution of the deed to the city and all expenses accrued to the date of the sale under this section, and also the redemption penalties required under Section 4.28.250; provided, however, that if the legislative body of the city, in which any such property is situated, shall, by resolution entered upon their minutes, declare that, in their judgment, the property so owned by the city, and particularly described in said resolution, is not at that time of value great enough that it can be sold by the city for a sum equal to the amount of all taxes levied upon the property, and all costs, penalties and expenses up to the date of such sale, and that it would be to the best interest of the city to sell the property for a sum to be stated in said resolution, less than the sum above named, upon receipt of a copy of said resolution, certified by the clerk of the legislative body, the city assessor, tax and license collector may sell the property so described in said resolution for a sum not less than the sum so stated in said resolution, together with expenses of sale.

    D.

    The expense of giving the notice herein required shall be a charge against the property so advertised, and shall be collected by the city assessor, tax and license collector, and no redemption of the property before the sale may be had without payment of the cost of advertising; and to secure the payment of such advertising cost the city assessor, tax and license collector shall demand in advance from the party or parties seeking to purchase, a deposit with said officer of a sum sufficient to defray the cost of advertising, which deposit shall be forfeited in the event the party or parties fail or refuse to purchase at such sale; provided, that if the party or parties so depositing fail to secure the property on their bid, such deposit shall be returned, and the advertising cost shall be collected from the successful purchaser; provided, also, that if the legislative body of the city shall, by resolution entered upon the minutes, direct the city assessor, tax and license collector to order the necessary advertising to be done at city expense, the city assessor, tax and license collector shall thereupon proceed as though a deposit had been made to cover advertising costs and shall add a proportionate part of the total expense of advertising to the amount of taxes, penalties and costs chargeable against each tract or parcel sold. In any case in which no sale is made, the advertising cost shall be paid as are other claims against the city. When a sale has been consummated in accordance with the provisions hereof the legislative body shall authorize its chairman to execute a deed for and on behalf of the city.

(Ord. 3108 § 57, 1933)