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HomeMy WebLinkAbout1999-02-08 99-85 ORDERCOUMaLACTION Ilan No.y9=95 lMta 3-8-99 Itemjftoj .Ortlm,A dpgngVogcy on Przmerpes Wlth Matured! Tax or Server hens." ResporreiMecepeMxnt City Manager CommNsfery. The(dloviq ower wl0 famal'ry abxtsM atlaMtl PONn ua l'ropertleswRn MmurN Pu wsexv -fens. firertae las[seuaal Mm,f QO MstlnVrel=$£ bletineandaC nWWmnfyinpm255g N"ghwhon andadedam wmhpson in band Wen d m Ung Meir Wl mressfotMGtr.ThIs MsrarHVin Ne devebpnend andado[0'Fomebeiesm in 0 faxand rahWyers meat rW and,awerUprassity aMAgahms. cladinty of agremensane Men put int ballowges. IndMdualsMmeet Mekpr and server dll �f�gsamsirclWing mile oat agreements, Mx dots, and hax mmt9a9es At Me same Ume, me Gly mnHnug W maunder numbers Mere mx and sorer Ikea mature and WNU timers are mnlllrp or unable to mine taelr oollrations. As impmoK many of Mex ommerty Mines Mse been UWAling W mme krward W meet wah City stag W re.uive mese smwUms. U Mer me Gtr Msshrequenty harm possession a penues on wMoh Iles nave maWml. mis has generally omureC vMere the properties in question Mvn No a tagnam Influarfe on Msr neonbwlwods. It has aim bemme door MM Me IXyU l is punuirp a more aggro5rve polity Wxak nephborri pohcllar and KwteAlAMn, and that the M# resort 0aWg possasamn apmperoy on become a means W Use are The atrnNed policy Mhmpfs W prmMe guidanre M 4aRand Caurml on him W pacts when p nrmWE Ileus al4m ttnaM propend and umeematdwusarres are through what nomines Me City vall aduWly hake possession of whepay. ssion to prgp�es6mgMeRlN remalmala4 sand,ndaptan MMismlkywill marrccpar WtMega s Imr Pwmxbn of popedm uMer mnain tlrmmslar es, partlmkrly wMn Me mMMon of the pr�eN has a mgazive Imp This Palin has ban revlewerl"a Mmnoe Corrigan, waitli mcownerds yar apptoml. at comes fomak W Ma Council wWbntlrely as Kwas presented W the Flmnre Cammmee. R has, homier, ban edi el aM rMse! W Mgws caddy am formed. I mW wrommend your app sal Dcpadment Head! ManaWs Comments: i� L�Ia Oty Mawger Awotufd Information: Order, Polky Widget Approval: Rnanre grxWr Legal Approval: Gly solum [ntradu sfer Passaage _ First Reading ReBa_ of Referral Amped to Coueeaor ID hecte February S. 1999 _ CITY OF BANGOR (iITIEJ �fbCT Adopbrig- cy on Properties WM wavered 'Por or Sower Lleaw" By Wo city Courwi! of City ofBaapor. ORDEM u, TEAT the elrbc pollry moixi,"Pdky on Fmperbee weh Fwtured Tex or Sewer Liens" %hereby adopted. Id CTn MMIL February B. 1999 Nation for Passage Made and Serenaded Passed WMAIWOM, W1101 99-85 D R DER Title, Adopting "Polity ou Properties with Natured Tar or Sever Lieas" ...................................... - oa.&wW POLICY ON PROPERTIES WITH MATLUIED TAX OR SEWER LIENS 1.0 Purpose 99-85 The Purpose of this Policy is to provide guidelines for City staff to follow in handling and processing properties on which Property tax or sewer Gans have matured and to leaure that such properties are handled m a masa which is both consistent and which Property owners understand in advance of City action. 2.0 Policy It is the City of Bangor's Policy in collec4 to the graciest extent possible, all real property taxes and sewer charges which are due in a timely fashion and in accordance with applicable state statutes. It is also our policy to work with individual citi Ves who main good faith effort to meet thehobligadons. The Citywill takepowesslon ofpmpertie.von which tax or sewer liens have matured only as a last resort and where such action meets the City's Community Development and revenge collection needs. 3.0 Situation Where City May Take Possession of Property The City will consider itiong possession of propanes with matured tae or sewer liens under the f Uowiug circumstances. 3.1 Vacant and Blighted. Propanes which are vacant and considered blighted by the CityCouncil will generally be taken unless: 3.1.1 The property owner pays all imost due to the City for any and au purposes. 3.1.2 The property owners wean into a legally binding commitment to bring the property into full compliance with the City's codes within a reasonable period of time, such Paned to generally not exceed 12 months. 3.2 NonConforming Surnames. Properties which do not esform to current land use and swing Policies may be taken by the City. This decision will be based on a consideration of the following factors: 3.2.1 The extent of the ns<ovforrrty; 3.2.2 The effect of the property an surrounding properties and uses; 3.2.3 The condition of the property including its overall appearowe and the presence or absence of any code; 3.2.4 The wilIntimate and ability of the property owner to pay at anouns due to the City, to address code issues, and to mine steps to instigate adverse impacts winch the non- conforming use may have on surrounding properties. 99-85 3.3 Vacard Land. The Citymsytakepossessionofa Yy mpa lson which lima bove matured. This decision willbe based on the following considerations: 3.3.1 Thewillingrress and ability ofthe PropertY owner to Pay all amounts due to the City; 3.3.2 The ratio between the amount owed the City and the assessed value of the property; - 3.3.3 The extent to which the property has a negative impact on smroundmg properties and/or has been found in be in violation of me City ordiaavices. 3.4 Owner Occupied Residences. As ageneml guideline, it is rot the City's intent to rake possession of owner oceupte i single family reaidences sinless continued occupancy of the residences poses adirect and immediate threat to the health, safety, and welfare of the residents or the City determines that the ownerhesident is capabte of meeting his or her obligations to the Chy but refuses to do so. 3.4.1 Wherm it is determined that contismed occupancy of the property poses adiremt and immediate threat to the residents, the City may, fake possession of the property. City staff shall work with the residents to locate alternative safe and affordable housing. 3.4.2 Where it is determined that the uwnenmident is capable of meeting his or her obligations and refuses to do so, the City may take possession of the property. Factors which may be considered in determining whether a good faith effort is being male to meet these obligations may include: 3.4.2.1 Willingness to cater into and meet the reafiofworkoutagreements: 3.4.2.2 Applipplicationon for mono Homestead or other available exemptions; 3.4.2.3 Application for the Maine Residents Property Tax Program and agreement to assign all payments from the Program toward ammm s; due the City; 3.42.4 Exploration of other options to meet Obligations m the City including, but not limited to, applications for a hardship abatement, request for a tax mortgage, or tiny other proposal or activity that will result inpayment to the City and correction of existing code violations. 3.5 Other Cimumeences. The City may take possession of properties on which liens have mmured under other ciavmsseem not listed above, regardless of be condition of the property, Ohm it is determined that doing so is in the best interests of the City aM it residents. Without limitation, each circumstances may include the following: 3.5.1 Ownership of the property is retuned for construction or maintenance of necessary public facilities such as roads, sewer faci0ties,mareational trails, schools, or public building. 3.5.2 The property is located in a designated Community Development Project area aul City ownership is tattooed m facilitate a redevelopment project. 3.5.3 Ownership ofNe property is required for expansion Of City -owned commemial, industrial, or business pule. 3.5.4 Ownership of the property is required for expansion of the City Forest. City Airport, or a City Park. 3.5.5 Own coding of the property is required to facilitate an enviromnental remediation project. 3.5.6 The City Council distantness that ownership of the property is in the public interest for other identifiable reasons. 4.0 Procedure After sewer or not Have; have matured, the responsible City staff will take the necessary steps no moure that the City's lien interests have been perfected, that owners are notified of the status of their property, and the necessity to make immediate anangemous; to meet their obligation. Staff will compile the necessary information to enable the City Council N make the dmemswmian of whether or not to take possesaion of the property. 4.1 Lim Perfection. Staffwill insure that all legally required notices have been sent and Nat all legal requirements have been miss including notification of my institutions or individuals holding a mortgage hrteteet in the property. 4.2 Code Compliance. Owe staff has determined test the City is legally authorized to foreclose the lien and take possession of the property. the Code Enforcement OfficerwillWprovidedwithali ofthemproperties. Codewillwspectthese properties N determine thea compliance with building, property maintenance, and life safety codes and their contaminate with the City's comprehensive Plan and Land Development Code. 4.3 Notification. The property owner will be notified via certified mail got the City has amatured lien an the property in question and that acceptable arrangements most be made within NGty days of the date of the notice to pay all amounts due and, if necessary, commit m the necessary steps N bring the property into compliance with all City Codes. 4.4 Where stuff determines that the Property in questions Poses a hand to individuals or mama nding property, m where the property owner has a history of failing to meet his or bar obligations to the City and/or to meet the City's Codes, the requirements of 4.2 and 4.3 maybe eliminated. 4.5 During the 30 day period outlined in section 4.3 above, staff shall meet with the property owrsem atquestion and attempt to reach an agreement or payment arrangements as outlined in the City's Distressed Real Property Tax and Rate Peyer Policy and/or Hardship Abatement Policy ea well as agreement on the steps which the property owner will take, if necessary, to bring the property into compliance with the applicable City Codes. 5.0 Presentation to Finance Committee Once staff has completed all necessary requirements of Section 4.0 above, areport on the status of the property and the amengemmts negotuded with the property owner shall be forwarded to the Finance: Committee of the City Council. This report shall address all of the applicable considerations act form in Section 3.0 above. Based on this information, the Finance Committee may: 5.1 Recommead that a Municipal Quitclaim Dori he issued if a8 amounts due have been tendered and no code issues exist; 5.2 Authorize a workout and/or Code Compliance Agreement should the Committee find reasons to believe that these actions will resolve the situation; 5.3 Recommend mat the City take possession of me property in question; or 5.4 RecommmW mat the City take such other action or actions which the Finance Committee believes to be in the best interest of the City of Burger. 6.0 Commit Action Approval by the fail City Council is required for the issuance of Quitclaim Deed or to authorize the City to take possession of a property on which a lies has maimed. Nothing in this policy shell limit the discretion of the City Council to either take possession or not take possession of a specific property based upon the Council's evaluation of that property and its determination of what action, if any, is in the best interest of the City of Bangor and its citizens. 7.0 Legal Rights This policy is rat intended to create legal rights on the part of Bangor residents or taxpayna. Failure of the City to fallowthe guidelines or procedures established by this policy shall not concentrate a defense or barto me City's foreclosure ofmatrued tax or sewer liens, orto any legal titles derived from such foreclosures. Failureofthe Cityto 99-85 follow the guidelines or procMnres established by this policy shop not constitute a defense or bar to the City's collection of my taxes, sewer charges, or other charges owed 8.0 Staff Responslbilitles 8.1 The Finance Director shall have overall responsibility for implementing Us policy to include: 8.1.1 Lien Perfection 8.1.2 Property owner notification 8.1.3 Negotiating payment anaregements with property owners 8.1.4 Preparing reports and information for the Finance Committee and Council 8.1.5 Requesting support from other City staffas necessary. 8.2 The Code Enforoement Officer shall be responsiblefor, 8.2.1 Property inspections, 82.2 Delermhung property compliance with the City's Land Developmeut Code. 82.3 Negotiating agreemente to bring properties into compliance with City Codes. 8.3 The City SoNcitor shalt be responsible for verifying that all stationary requirements are met in the lien and foreclosure process. 8.4 The City Manager shall be responsible for reviewing and recommending revisions to Us policy as necessary. e