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HomeMy WebLinkAbout2024-04-08 24-122 OrderCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: Council Order 24-122 April 8, 2024 CITY OF BANGOR MAINE MATURED TAX OR UTILITY LIEN POLICY It is the City of Bangor's policy to administer a tax collection and lien policy that is fair and consistent for those that have fallen behind on taxes and also for the residents and taxpayers of the City. Further, it is the City's policy to collect, to the greatest extent possible, all property taxes and utility charges due to the City in a timely manner and in accordance with applicable state statutes. In accordance with the policy, the C�c�will work with individual taxpayers who make a good faith effort to meet their obligations.To ensure that system is fair, however, the City will not release its ownership interest in a property with matured liens, unless the property owner pays all amounts due to the City. This applies to monies owed for any and all purposes,1 whether or not such amounts relate to the property with the matured lien(s) and brings the property into compliance with life safety and property maintenance issues deemed critical by the Code Enforcement Officer. 1.0 Purpose This policy does not affect the applicability of the Maine Statutes, case law of the State of Maine, or any other law governing tax or utility liens. Instead, it offers guidance on how staff should process any property with a matured tax or utility lien and informs taxpayers of how they can expect such a propertyto be processed. In that regard, this policy comes into effect only after a tax or utility lien has matured, said maturity renders title to and ownership of the property to the City. This policy deals only with two issues: (A) when the City should take possession of a property with matured liens, and (B) when the City should release its ownership in such a property. 2.o Definitions As used in this policy, the following terms have the following definitions: 1 The amounts due that must be paid do not include amounts due under loans made by - the City to the taxpayer and secured by either a Uniform Commercial Code (UCC) filing or secured by a mortgage deed executed by the taxpayer if those loans are not past due. pg. 1 Council Order 24-122 April 8, 2024 Tax lien: a recorded legal claim against the property of a taxpayer that fails to pay real estate or development district property taxes owed to the City. Utility lien: a recorded legal claim against the property of a taxpayer that fails to pay sewer or stormwater utility charges owed to the City. Matured lien: a recorded tax or utility lien that has passed the allowed redemption period for the taxpayer to pay the outstanding amounts. Once matured, the lien automatically passes title ownership to the City. Tax Acquired Property: property whose title has passed to the City due to a matured lien. Possession: the City taking official action to take formal custody of a property with a matured lien. The City may have title ownership of a property without exercising its right to take possession of the property. Taxpayer(s): the term taxpayer(s) is used to describe the owner of the property prior to the tax or utility lien maturing. This term is used instead of "owner" to avoid confusion and to avoid any argument that the City does not "own" or have title to a property upon the maturity of a tax or utility lien. Workout A�reement: an agreement between the City and a Taxpayer establishing conditions and payment of amounts owed. Development a�reement: an agreement between the City and a Taxpayer establishing conditions and/or corrective measures of life safety or property maintenance code violations. Quitclaim Deed: a term used in this policy as shorthand for "Municipal Quitclaim Deed," which is an instrument used by the City to release any title that it may have to a property. This is the method by which the City will transfer its ownership rights to a property with a matured lien to another party. pg.2 Council Order 24-122 April 8, 2024 3.0 Policy: 3.1. Release of Ownership Interest a. If a taxpayer has the opportunity to sell a property with a matured lien before the City takes possession, staff may recommend the sale without payment of all other charges due by the taxpayer. The City would still require payment in full of all charges related to the property and resolution of any life safety or property maintenance issues. That resolution may be in the form of a Development Agreement with the buyer. b. If upon payment in full of all charges there are remaining unresolved life safety or property maintenance code issues, the taxpayer must enter into a development agreement with the City before the City will execute a quitclaim deed. The development agreement, and the related quitclaim deed, will establish conditions for corrective measures to resolve any or all violations and a clause to revert the property back to the City in the event of non-compliance. Upon compliance of all life safety or property maintenance issues, a release deed will be prepared and/or a certificate of occupancy may be issued by the Code Enforcement Officer in order to remove the reverter type clause. The above requirements apply to any request for the City to release its interest in a property due to a matured lien. 3.2 Possession A variety of factors will be considered in making determination as to whether or not the City should take possession of a property with a matured lien, such as: • Willingness and demonstrated ability of the taxpayer(s) to pay all amounts due to the City, • The ratio ofthe amount owed the Cityto the assessed value ofthe property, • The impact of the property within the neighborhood, • The condition of the property including its overall appearance, pg.3 Council Order 24-122 April 8, 2024 • Willingness and ability to address any code and/or property maintenance issues, • Exploration of other options to meet obligations to the City, such as execution of a workout or development agreement, • The property "type." The following are the various property types that will be considered: ➢ Vacant - Buildings and land which are vacant. ➢ Commercial Properties - This category includes not only properties utilized in the conduct of business but also properties used for residential and commercial rental purposes. ➢ Owner Occupied Residences — These are single-family residences in which the owner lives. It is not the City's desire to take possession of owner-occupied single-family residences unless the continued occupancy of the residence poses a direct and immediate threat to the health, safety and welfare of the residents or unless the City determines that the owner/resident is unwilling or unable to meet their obligations to the City. Staff will also take into consideration if possession of a property may create a significant legal or financial liability to the City such as, but not limited to, if a property may have hazardous material or other environmental impact issues. The ultimate question in determining whether the City should take possession of a property is the following: what is in the best interest of the City and its residents at-large. 3.3 Partial Payment The City will not accept partial payments on an account with a matured lien unless the taxpayer has entered into a payment arrangement with the City or they provide with the payment a signed Partial Payment Waiver form indicating they agree the City does not waive its rights or in the case of the taxpayer's primary residence,the Tax Collector may accept a partial payment if it is determined that the taxpayer is pg.4 Council Order 24-122 April 8, 2024 making a good faith effort to redeem the property. The City may also accept a partial payment received on behalf of the owner(s) from a recordedz mortgage holder which is paying on the most recent tax or utility charges even if there are matured liens against the property. If the recorded mortgage holder attempts to pay any other charges, the same requirements described above will take effect. 3.4 Exceptions Exceptions to this policy may be made by the City Council or the Finance Committee on a case-by-case basis. 4.0 Procedure 4.1 Staff Responsibility Prior to any recommendation to the Finance Committee a review committee consisting of staff representatives from Treasury, Finance, Economic Development, Code Enforcement and Legal will review a listing of all property with matured liens prepared by the Tax Collector. Staff will focus its review efforts on the most delinquent accounts first, beginning with vacant properties and then moving to occupied properties. Staff may also consult with other Departments as needed. Once a preliminary list of properties has been identified, staff will move forward with the following procedures: • Tax Collector will, through inquiry, determine whether or not the Police Department has had recent contact at the address. • The Code Enforcement Officer and the Housing Rehabilitation Coordinator, will determine if the property is occupied. • The Code Enforcement Officer and/or Housing Rehabilitation Coordinator will conduct an exterior assessment (i.e. drive by) to determine the apparent condition and status of the property. In addition, staff will leave notification, with contact information, at the property that the City is considering taking possession of the property. z Recorded is defined as a documented mortgage interest in the property which has been filed at the Penobscot Registry of Deeds. pg.5 Council Order 24-122 April 8, 2024 • The Code Enforcement Officer will review the Code Enforcement files to determine if there are any documented and outstanding code violations. • The Tax Collector will verify that all legally required notices have been sent. If necessary, the Tax Collector will take the necessary steps to remedy any notification issues. • The Tax Collector will mail by Certified Mail and regular mail a notice to the last known address of the Taxpayer(s) indicating the City's intent to take possession of the property. ���„ T��c��A;=w;�,rac�,,,-,�,���ti„ �,-„�,,,-+., ,�,-,., f-,�� ���,�,,,- nn-,��„ �C�CITCCYrI�L�IT�CC •C7'17TT71'�trG I"I.TCC TCG r��7TV�Cr��C'�P7TC'I"�"'�T�ca rr �� ��� n�vi�� • Staff will prepare a recommendation to retain or dispose of the property to present to the Finance Committee. 4.2 Finance Committee Review The Finance Committee will review the information and determine what if any recommendation should be made to the City Council. Staff recommendations will typically take one of the following positions; • Recommend taking Possession. • Recommend entering into a Workout Agreement and/or Development Agreement. • Recommend accepting payment in full, releasing the City's ownership interest and executing a Development Agreement to address outstanding life safety or property maintenance code issues pg.6 Council Order 24-122 April 8, 2024 If the Staff recommendation is for the City to accept payment in full, release its ownership interest back to the taxpayer and there are no outstanding life safety or property maintenance code issues the item will be placed on an upcoming City Council agenda, without Finance Committee review. 4.3 Council Action Nothing in this policy shall limit the discretion of the City Council to either take possession of a specific property or take some other action 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. 5.0 Disposition of Tax Acquired Property 5.1 The City Authorizes the Property to be Deeded Back to the Taxpayer If the City Council authorizes the property be deeded back to the taxpayer or subsequent owner, the Legal Department should prepare a municipal quitclaim deed and, if required, a development agreement. Further, the Legal Department should ensure that all documents are properly executed and that any quitclaim deed is recorded with the Penobscot County Registry of Deeds. 5.2 The City Has Taken Possession of the Property If the City Council authorizes taking possession of a property, the Tax Collector or Housing Rehabilitation Coordinator must notify the Assessing, Code, Risk Management, Police, Fire, and Public Works Departments. This notification ensures that departments are aware of the ownership change and that the property is insured. Community and Economic Development shall be responsible for maintaining the property until disposition. The Housing Rehabilitation Coordinator, in association with the Code Enforcement Officer, should conduct a complete interior/exterior inspection and secure the property. The inspection shall be used to gauge the condition of the property for further recommendation of disposition as well as personal property notification. Depending on the perceived value and condition of the property Staff may recommend the City bring an Action to Quiet Title which would eliminate the five pg.7 Council Order 24-122 April 8, 2024 (5) year window the former owner has to challenge the City's lien process and possession. As needed, Staff may also recommend demolishing unsafe or dangerous buildings or portions of buildings on the property or recommend that the demolition be a requirement of any disposal. In determining its recommendation to retain or dispose of a property, Staff should consider what would be in the best interests of the City.A number of factors should guide staff in determining their recommendation for the appropriate disposition of the property. Those factors include, but are not limited to the following: • Whether the property is a "buildable" lot; • Design concept compatible with the neighborhood characteristics; • The condition of any structures thereon; • Neighborhood density; • Zoning; • The value of the lot; • The City's long-term plans, if any, for the neighborhood. At least 90 days prior to listin�the property for sale,Staff shall send a written notice to the last known address of the former owner, by United States Postal Service certified mail, return receipt requested, and first-class mail, of the ri�ht to require the sale process described in Section 5.2.1. The State Tax Assessor has prepared application forms, notices and instructions that must be used by Staff to inform former owners of their ri�ht to apply for the sales process provided under Section 5.2.1 of this Policy. 5.2.1. Process if the Former Owner Submits a Written Demand within 90 Days After the Notification Provided Above. If the former owner of the acquired property submits a written demand within 90 days after the written notification sent by the Staff, Staff shall: pg.8 Council Order 24-122 April 8, 2024 • List the property for sale with a real estate broker licensed underTitle 32, chapter 114,who does not hold elected or appointed office in the City and is not employed by the City; • Sell the property via quitclaim deed to the successful buyer at the hi�hest price at which the property is able to sell, or the price at which the property is anticipated by the real estate broker to sell within six months after listin�; and • Pay to the former owner any sale proceeds in excess of: o The sum of all taxes owed on the property; o Property taxes that would have been assessed on the property durin� the period followin� foreclosure when the property is owned by the City; o All accrued interest; o Fees, includin� property listin� and real estate broker's fees; o Any other expenses incurred by the City in sellin� or maintainin� the property, includin�, but not limited to, an administrative fee equal to 10% of the property taxes owed and reasonable attornev's fees; o The cost to the City of the lien and foreclosure process, includin�, but not limited to, reasonable attornev's fees; and o Unpaid sewer, water, or other utility lien char�es and fees imposed by the City. 5.2.2 Process if the Former Owner poes Not Submit a Written Demand Within 90 Days After the Written Notification Provided, or if Staff Is Unable to List or Sell the Property After a Written Demand was Submitted. If the former owner does not submit a written demand within 90 days after the written notice provided by Staff, or if Staff is unable to list or sell the property under the requirements of subsections 5.2.1(a) and (b) after a written demand was received from the former owner, then Staff maytake the followin�steps to sell the property: a. If the lot for sale is a vacant, non-buildable lot, Staff may offer the property directly to an abutter(s) for proposals. b. If(a) above does not apply and staff recommends that the property be sold,the Community& Economic Development Department should prepare and publish a Request for Proposals (RFP). As part of this process, Staff may consider requiring a minimum bid which factors in: pg.9 Council Order 24-122 April 8, 2024 • The amounts written off upon taking possession, • The assessed value of the property, • The condition of the property and the costs incurred for securing and maintaining the property. Upon review of the RFP submissions, Staff shall recommend the proposal that it believes best fits the interests and needs of the City. To that end, staff should consider the following factors before making a recommendation: • The proposed uses of the land or property; • The ability of the proposed buyer(s) to fund any necessary construction or rehabilitation; • The amount the proposed buyer is willing to invest in the property; • The design concept of any building or structure and only those concepts that best preserve the existing neighborhood characteristics; • The experience or capability of the proposed buyer to complete the proposed project. To be eligible for staff recommendation, the proposed buyer(s) or entity shall be current on all of its outstanding obligations to the City, including amounts due for taxes, utilities, code enforcement violations or liens, or any other amounts due. Further, to receive Staff recommendation, a buyer must agree to enter into a Development Agreement with the City when applicable. The Development Agreement will call for the rehabilitation or development of the property consistent with the buyer's proposal. The Development Agreement shall contain a clause to revert the property back to the City, with no refund or reimbursement of monies spent, if the buyer fails to comply with the terms of the Agreement. It shall also contain a provision ensuring that taxes, utilities, and other assessments must be paid on time during the term of the Agreement and that the property shall always be subject to taxes, utilities and other assessments. pg. 10 Council Order 24-122 April 8, 2024 In addition to the above, special considerations apply to single-family residential properties. If the previous owner was 65 or older prior to the lien maturity date and received the homestead exemption, the Tax Collector will follow the special disposition rules in Title 36 Section 943-C. c. Staff may recommend that the City dispose of the property by sellin� �+�g it to a legally recognized non-profit entity e�t+t+es specifically for the development of affordable housing. The sale �^^�R would require payment by the non-profit entity to the City of at least the outstandin� amounts owed to the City by the former owner for the taxes, utilities, and other items owed to the City as listed in subsection 5.2.1(c). Such a sale to a non-profit entity would also require the non-profit entity to enter into a Development Agreement with a provision requirin� the non-profit entity and its successors in interest to pay the {^� +"^ �^���^^^+ ^{ property taxes^� ^ �^�+�^^ +"^�^^{, unless the property is transferred to an owner who is able to claim the homestead exemption on the property. The sale would also require that the non-profit entity a�ree for itself and its successors in interest to a reverter clause in the quitclaim deed that would require reversion of the property ownership to the City in the event that the property owner transfers the property to a person or entity who/which cannot claim the homestead exemption. All final decisions on the disposition of property shall be made by the City Council. The Community and Economic Development Department and Legal Department shall: • Prepare all final sale documents; • Prepare the Development Agreement (if applicable); • Prepare the Quitclaim Deed; • Attend the sale closing; • Ensure that all sale paperwork is executed; • Ensure that full payment is received. As a condition of disbursement of excess sale proceeds to the former owner under 5.2.1., the municipal officers may require the former owner to execute a quitclaim deed without covenant convevin� any interest of the former owner in the property pg. 11 Council Order 24-122 April 8, 2024 to the municipality and to deliver that deed before convevance by the municipality to the buyer. Receipt of such excess sale proceeds by the former owner is deemed to be a waiver of any ri�ht of the former owner to commence any action pursuant to 36 M.R.S. §946-B. All documents between the City and the Buyer shall be executed within ninety days of the Council decision. Failure of the buyer(s) to execute said documents within the required timeline may result in the City retaining ownership of the property or disposing of it in another manner. Any conveyance by the City shall be by a Municipal Quitclaim Deed, which may contain development restrictions, a reverter clause, and a provision to ensure the payment of future taxes, utilities, or other assessments. 6.0 Legal Rights This policy is not intended to create legal rights on the part of Bangor residents or taxpayers. Failure of the City to follow the guidelines or procedures established by this policy shall not constitute a defense or bar to the City's foreclosure of matured tax or utility liens, or to any legal title derived from such foreclosures. Failure of the City to follow the guidelines or procedures established by this policy shall not constitute a defense or bar to the City's collection of any taxes, utility charges, or other charges owed. 7.0 Policy Administration Annually, the Finance Committee shall review this policy and provide direction as to any proposed amendments. Additions are underlined; deletions are �+r,,,.�, +�,r,,,,,��, pg. 12 IN CITY COUNCIL APRIL 8, 2024 CO 24-122 Motion made and seconded for Passage Passed �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK