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5.31.050 Council Action on Final Foreclosure List; Recording of Notice.

City Code Section

(Amended by Ordinance 189413, effective March 6, 2019.) 

  1. A.  The Council shall review the final foreclosure list and reports submitted by the Revenue Division to determine:
    1. 1.  Whether each step in the collection process as set forth in City Code 5.31.025 B. and 5.31.035 B. has been applied correctly; and
    2. 2.  The Council shall act by ordinance and shall identify for the Revenue Division and City Treasurer which properties should be placed on the final foreclosure list and as directed by the Department of Environmental Quality and the Council which properties on the list should be purchased by the City in the event no bids are received on those properties, and the source of the funds to be used to purchase the property. 
  2. B.  The final foreclosure list shall be transmitted to the City Treasurer by the Council Clerk.  After list is submitted to the City Treasurer, the only payment option is to bring the account current.
  3. C.  The City Treasurer shall record a Notice of Foreclosure and Sale for each property listed on the final foreclosure list in the County records in which the property is located before ordering a foreclosure report and before giving notice as required by City Code 5.30.065.  The notice shall contain the ordinance number adopting the final foreclosure list; the address and legal description of the property, the time, date and place of the sale, the types and amounts of assessments and that the property will be sold unless the account is brought current and all interest, penalties, collection costs and sales costs to date are paid.  It shall also state the name of the person and address and phone number where additional information is available.
  4. D.  The City Treasurer shall determine the names and addresses of all persons having an interest in the sale including lien holders and whether the property is part of a bankruptcy estate.  This may be done by purchasing a report from a title company.
  5. E.  Any property which is part of a bankruptcy estate shall be removed from the sale or the City Attorney should be requested to seek relief from the stay from the Bankruptcy Court.