HomeMy WebLinkAboutOrdinance 5663 11/02/1992
.
.
.
~.
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 5663 (SPECIAL)
AN ORDINANCE ADDING AS LIENS, PAYMENTS MADE BY THE CITY OF SPRINGFIELD
IN ACCORDANCE WITH ORS 312. 170 ill REMOVE REAL PROPERTY FROM THE FORECIDSURE LIST
OR PROCEEDINGS FOR THE FORECI.DSURE OF LIENS FOR DELINQUENT TAXES, DIRECI'ING SAID
PAYMENT AMOUNI'S ill BE NOI'ED ON THE CITY LIEN IXX:KET, AND DECLARING AN EMERGENCY.
The CITY OF SPRINGFIELD OOES ORDAIN AS FOLI.aVS:
Section 1: In accordance with ORS 312.170, the City of Springfield has
utilized its funds to remove property from the list or proceeding for the
foreclosure of liens for delinquent taxes. A listing of those payments made by
the City of Springfield for such a pu:qx>se is attached hereto as Exhibit "A" and
incorporated herein by reference.
Section 2: Those funds utilized and payments made which are ,rrore
particularly described and set forth in Exhibit "A" attached hereto and
incorporated herein by reference, shall be and he:i:eby are declared to be liens
against the properties rrore particularly described and set forth in Exhibit "A".
Section 3: The assessment liens described herein shall bear interest at
the rate of 19 percent per arnllllU carrmencing on the date on which the delinquent
taxes were paid as shown on Exhibit "A" and continuing until paid in full.
Section 4: The Finance Department shall establish: separate accounts
for each lien assessed; a repayment period of six rronths; a semi-annual
billing for the respective property owners; and late payment penalty and
foreclosure cost provisions which confonn to our existing bancroft assessment
policy.
Section 5: The Policy Statement designated as Exhibit "B" attached
hereto and incorporated herein by reference is hereby adopted as Finding of Fact
in support of this Ordinance.
Section 6: In the event that the amount noted on the lien docket is not
paid as specified in this Ordinance, the lien may be foreclosed in accordance
with the provisions of the Bancroft foreclosure procedures, ORS 223.505 through
223.650. The lien may also be included in any foreclosure proceedings for
foreclosure of delinquent Bancroft liens on the respective properties.
Section 7: It is hereby found and detel.wned that matters set forth in
Sections 1 through 6 hereinalx:>ve are matters affecting the public health, safety
and welfare and that an emergency therefore eY~sts and that this Ordinance shall
therefore take effect immediately upon its passage by the Council and approval
by the Mayor.
.
.
.
.'
Ordinance No. 5663
Page 2
6
AOOPI'ED !?y the Corrm::m Council Of the City, of Soringfield by a vote of
for and 0 against, this 2nd day of NovemDe~ 1992.
- PuJl)J~~
Mayor
ATl'EST
~~euuJJft:~
City Recorder
r.i::\r; ~2\rf~:J/. III APP~~10VED
IJJ TO FORM
=~ ~<;> ~~\-\. ~ '- 6 A~
f.Jf.TE: _ D <..'-\ :? \ \~s..:\2-
OFFICE Or- CITY ATTORNEY
(:;1'V OF SPRI[\~Gr-!ELD
.
.
.
-
.
CITY OF SPRINGFIELD, OREGON
Ordinance No. 5663
Page 3
EXHIBIT "A"
Privately owned properties kept out of Lane County foreclosure by the City of
Springfield paying the delinquent property taxes and associated interest and
penalties.
OWNER NAME & ADDRESS
Donald & Roberta Fairchild
2421 North 17th Place
Springfield, OR 97477
TOTAL
ACCOUNT # MAP/TAX LOT
TAX
YEAR
TAXES/INT
PENALTIES
1002342
1702344106801 1987-88 $ 1,352.58
1988-89 1,231.39
penalty 308.05
2,892.02
Attachment 2-3
- .-
',\' ,.
.
CITY OF SPRINGFIEID
Ordinance No. 5663
Page 4
EXHIBIT "B"
CITY OF SPRINGFIEID
POLICY FOR RECOVERY OF PROPERrY TAXES
Purpose
'Ib establish an equitable interest rate and repayment tenn for the repayment of
property tax payments made by the City to rerrove real property from Lane County
foreclosure.
Interest Rate
The interest rate charged by the City shall be significantly greater than the
County's rate so that there shall be a definite disadvantage to property owners
in allowing the City to pay their property taxes. Because property owners can
both extend the time for tax payments by 18 nonths and reduce the arrount from
all of their tax liability to only the oldest year of the tax by letting the
City pay their property taxes for them, the City needs to establish a strong
disincentive to this practice. Setting a 3% difference in the County rate
provides that disincentive.
.-
Repayment Tenn
Under the authority of ORS 312.170 the City may use municipal funds to rerrove
properties in which it has a financial interest from Lane County's foreclosure.
The statute (ORS312.170(2)) specifically provides that the City "may add to its
lien the arrount so disbursed and cause that arrount to be noted on its lien
docket" and then specifies that the "arrount so disbursed shall be recoverable as
part of the lien of the municipal or other public corporation" and that "the
arrount so disbursed may be added to the original lien and recovered as part
thereof" .
It shall therefore be the p:::>licy of the City to add these payments to its lien
docket and to bill the property owner for the repayment of the property taxes
paid by the City semiarmuall y with the entire property tax lien becoming due and
payable at the time of the first billing. The billing cycle and repayment tenn
is justified and equitable based on the following considerations:
1. The delinquent taxes were already three years past due at the time
that the City paid them on behalf of the property owner.
2. The City has no obligation to extend further credit or financing to
the property owners.
.1
3. A semiarmual cycle coincides with the City's Bancroft assessment
billing policies.