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HomeMy WebLinkAbout2024-10-14 24-313 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: 24-313 OCTOBER 16, 2024 CITY OF BANGOR MAINE MATURED TAX OR UTILITY LIEN POLICY It is the City of Bangor's policy to administer a tax and utilitv collection and lien policy that is fair and consistent for those that have fallen behind on taxes or utilitv char�es 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, unless nonpavment of certain char�es is deemed to be in the best interest of the City, and in accordance with applicable �State statutes. In accordance with the policy, the City 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 taxpayer pays all amounts due to the City with respect to that property. T�,;� ,^^i;o� +^ m^^;o� ^.•,o,� f^r '�,•J -,�� �`� ��i�rrct�}�� ,•+ ��C�l�rrtvci�rc�--i e�ut$�e t�}l.�avr✓crcy-=ccTiT�cr�'rc i ..,+....,-,..,.... � .. .J......,.....J ...-�+�..-,I b,..+6,., r'...J.. C..,�...-......,......,+ r'1���.....- Per State law, the Citv becomes the owner of a propertv on the date of automatic foreclosure, whether or not the propertv remains occupied. This Policv will refer to the owner or owners of record at the time of foreclosure as the "taxpaver" or "former owner" of the propertv in order to avoid confusion. 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 property to 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. 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 24-313 OCTOBER 16, 2024 2.o Definitions As used in this policy, the following terms have the following definitions: Former owner(s): the owner or owners of record at the time of foreclosure or, if deceased, the former owner's heirs, devisees, or personal representatives. 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. Municipal Bill of Sale: the instrument used bv the Citv to transfer ownership of a mobile home located on the land of another, which is considered personal propertv bv statute, back to the taxpaver. 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. 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 real property. This is the method by which the City will transfer its ownership rights to � real property with a matured lien to another party. Tax Acquired Property: property whose title has passed to the City due to a matured lien. 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. Taxpaver(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 a vo i d co n fu s i o n ��e�eT^' ^ �^e�^�T���Qe es�e�e�'�e��e +;+i„ +.. ., ,,.-+., , � +�,,, ..,.,.,+,,.-;+., ..� ., +.,., .. „+;i;+., i;,,� Utilitv lien: a recorded legal claim against the property of a taxpayer that fails to pay sewer or stormwater utility charges owed to the City. pg. 2 24-313 OCTOBER 16, 2024 Workout A�reement: an agreement between the City and a Taxpayer establishing conditions and payment of amounts owed. �e�e�spm�����;-r ee�e��e�ee�-�e--C�r����er +.,�,�,..�,;�,� ,�;+; ,�i +;.,,, � �•� � +., E$rcr�rr�rm�r�cvTrrnrr6i�-$�:rrraTvTcviTcccrPc-rrrE'c"�$cF"rE$ vr�'rr�$arcc�vT�r"6p 2�� .,+.. ...J.. ..I-,+'.. 3.0 Policy: 3.1. Release of Ownership Interest The Citv will recommend releasin� a matured lien before takin� possession of a propertv if the taxpaver pays their taxes in full. If a taxpayer has the opportunity to sell a property with a matured lien before the City takes possession, staff may recommend the sale without payment of all other charges due by the taxpayer. The City would �require payment b�r the purchaser or the taxpaver in full of all charges related to the subiect property_�„�o;� ' ,.�-, , ���� �-,���-e�Fe�t�a+r��e�T�e+s��e�.�� ,-e�,.���+�,.� ,.,.,-,., �,e �� +�,e �,.,-,.,., ,.� -, ne„e�,.r,.,.,e�+ n,�,-ee,.,.,e�+ ,.,�+�, +�,e �,��.,e,- .,r ' +e�-,�..e .J ' + + vi--pTvper�crrrrcc�rTc�EAu�-i$�bF2$� ��d�E��2�-K�-ci��crrcE�=-i-rr�A�:r �e�e�e��e�g�ee��^�,"Te-C��e�e��t#�E+t�ti-��ex�c��T��T .J .J Tl�, e + er+ .J +l�,e � +e� +� • .Jee�—=w-"T crcca—rrr� 2� 9�rrrc�i-r-a-STcc r�rrcrr�cnTa--c�rr�� a-cc F�F�-c cm-rrcrcc � 2rr�rE6iiiF�F6Tr:r�v�E6iT2E�2--F�E�"'_:��••" t��6 I.... -, -,I I . ..I-,�{�=r:ru�=rE�r ..I-, .. +.. .- ...-++L,.. ., ...-+.. L,-,..I.+.. +L,., r'�+.. �., +L,.. .. .,+ ..� ., .,I�-,.,.... I�������..� -,I I I��.. �-,�cc�y=-vi=-rsrvper�-�FF��2i�F�E�--F$5{;F2��r�2�C��c .Jee.J ..,�II 4,e .,re.,-,re.J -,�.J/..r -, ..er+���..-,+e ..� ......��.,-,�..., .,-,-,., 4,e �����e.J 4,., +�,e r�,.,�e ���,.,-,.e,.,.,e�+ n���,.e,- � ,.,-,�e,-+,. ,- e +�,e ,- e,-+e,-+.,re ,.�-,���e The above requirement� applies a-�� 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: pg. 3 24-313 OCTOBER 16, 2024 • Willingness and demonstrated ability of the taxpayer(s) to pay all amounts on a subiect propertv due to the City, • The ratio of the amount owed the City to the assessed value of the property, • The impact of the property within the neighborhood, • The condition of the property including its overall appearance, . ���;��;�,��e�� .,�,� .,�;�;+., +,. .,,�,�,-e�� ., ,.,�e .,�,�i,.,- r e,-+., .,., �+e�.,�,.e ;��„o� ,�T • Exploration of other options to meet obligations to the City, such as execution of a workout ^� ^'�„�'^^�^�^+ agreement, • The property "type." The following are the various property types that will be considered: ➢ Vacant - Buildings and land which are vacant. o If a buildin� is vacant, consideration will be �iven to whether the taxpaver has re�istered under the Citv's Vacant Buildin� Re�istration Ordinance and paid all related re�istration fees. ➢ Commercial Properties - This category includes not only properties utilized in the conduct of business but also properties used for residential and commercial rental purposes. ➢ ��Taxpayer-Occupied Residences — These are single-family residences in which the ^�•��taxpayer lives. It is not the City's desire to take possession of e�e�taxpayer-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 e��tax a er resident is unwilling or unable to meet their obligations to the City. pg.4 24-313 OCTOBER 16, 2024 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-la rge. 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 making a good faith effort to redeem the property. The City may also accept a partial payment received on behalf of the e�e�taxpaver(s) from a recorded2 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 ta ke effect. Should the taxpaver send partial pavments, without si�nin� a Partial Pavment Waiver, of their tax or utilitv char�es to the Citv, acceptance of these partial pavments shall not be deemed a waiver of the Citv's ri�ht to foreclosure on anv matured tax or utilitv liens. Staff will notifv the taxpaver of the Citv's continued ri�ht to foreclose on the propertv, whether or not partial pavments have been accepted by the City. 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 Z Recorded is defined as a documented mortgage interest in the property which has been filed at the Penobscot Registry of Deeds. pg. 5 24-313 OCTOBER 16, 2024 4.1 Staff Responsibility °r���e ��T�Ee�����+e��e ��^,�Ee--C^�T��ee� A review committee consisting of staff representatives from Treasury, Finance, Economic Development, ''��'� �������m��+ 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 or the Housing Officer °�"�"�'�+�+;^^ , will determine if the property is occupied. • The Code Enforcement Officer and/or Housing Officer °�"�"�'�+�+;^^ 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. �_� � ,� �� + n��; ii r ,� �� + �;ie� +,. c��cr� Tv�ccrrr2�lr-vrrrcE�=wi�rT2�F2� ��cri. rv�Ecrrrcrrc-rn�.r�v .J..+...-..,..�.,.. ��+L,...-.. -, . .J....��..,.....,+...J -,.,.J ..��+..+-,.,.J�.,.T .....J.. . ..I-,+�...,.. • 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. ��T T-,.. i"..II....+...-. .�II ..,..-,�I b,.. i"...-+���...J nn-,�I -,..,.J .- ��I-,.- ..,..-,�I -, ..+�.... +.. +6,.. I + I.� .J.Jre� o r'�+.,�� �+e�+ +.. +-,I.e rc^nr-rcrr9vcrrc^rcrarc�� 9 �� ..�+L,.. .-+. • Staff will prepare a recommendation to retain or dispose of the property to present to the Finance Committee. pg. 6 24-313 OCTOBER 16, 2024 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. a„^'���e�o-�;�e-r� n,� �+ . .o,-ee...�.._. ��ccE6�E'�}F�--c�Ec2��Pi�y�T••",+ ���II� •-2�2c�$i���� 6�crrcr9� �+...-....+ -,�,J .. ��+��.� -, n...,..1....,..,....�+ n.�.-......,....�+ +.. -„J,J.-...... ..��+..+-,�,J��.� I��.. ..-,�..+., .. ...-+., ..,.. .,+...,-,.,.... .....J.. � If the Staff recommendation is for the City to accept payment in full; and release +�s of the City's ownership interest back to the taxpayer� �„�t� e�T���� �^��+.,^ er+., m ^+e^^^^e^^^'e ; ��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 or municipal bill of sale �^^�, �f ��^�����^�, � ^��.,��^^�^�^+ �R����^�^+. Further, the Legal Department should ensure that all documents are properly executed and that any quitclaim deed or municipal bill of sale is recorded with the Penobscot County Registry of Deeds. 5.2 The City Has Taken Possession of the Property pg. 7 24-313 OCTOBER 16, 2024 If the City Council authorizes taking possession of a property, the Tax Collector or Housing Officer Q�������+,+;,,� �,,,,,-,�;�,+,,,- 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 Officer Q�������+,+;,,� �,,,,,-,�;�,+,,,-� 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, per the Citv's outlined disposition process in the Personal Propertv Process. v2�cTr`�a�'rr"'r�6�E--f3 2�cc'rPca-=d£rrcFc-crrr�cvTrc`�r'rcF6i-�6�E--f3�6�2��+-,�� /C\ .J +�, � + II o 1�TY�=ddi-iTcr9vd--c�rr�r9�}c�9vd-rr a�z9 arrcTrs ��t Tc�i--pTvcc$��:�-rrcr �� As needed, Staff may also recommend demolishing unsafe or dangerous buildings or portions of buildings on the property or may recommend that the demolition be a requirement of any disposal. In determining its recommendation to retain or dispose of a property, Staff should consider what would be in the best interests of the City.A number of factors should guide staff in determining�#e+�its recommendation for the appropriate disposition of the property. Those factors include, but are not limited to the following: • Whether the property is a "buildable" lot; • Design concept compatible with the neighborhood characteristics; • The condition of any structures thereon; • Neighborhood density; • Zoning; • The value of the lot; pg. 8 24-313 OCTOBER 16, 2024 • The City's long-term plans, if any, for the neighborhood. At least 90 days prior to listing�e a tax-acquired property for sale, Staff shall send a written notice to the last known address of the former owner, by United States Postal Service certified mail, return receipt requested, and first-class mail, of t�e r;,�"+ +^ re^,,;r� the sale process outlined in this section ^���^��"�^' �^ ��^+�^^ � ' � The State Tax Assessor has prepared ���'���+��� ���m�, notices and instructions that must be used by Staff to inform former owners of +"e;r r;,�"+ +^ ^^^'., �^r +"e this sales process p;�=o=ra���� ��^+;^^ � ' � ^�+";� °^';^., � � � �,-,.,.e�� ��+�,e �,.,-,.,.,e,-n,.,�e,-c���,,.,.,�+� -, �ni,-�++e� ne,.,.,-,�,� , ,�+�,�� on n-,.,� n�+e,- +b,e AI..+���..-,+�..., Dr...��.Je.J A4,...�e When sellin� a tax-acquired property,�t�x.�T�T������� prvP�c=y=$a�rrirc��:r=wTT��E�i=rac„�-�ra--adT�i-r;—�c���rrccr�G�T��err „vt�#+e��se�t�t�e-�#�Staff sha I I: � I ��++b,e ., er+.,�..r�-,le..,�+b, -, e-,I e�+-,+e 4,r..l.er I�..e��e.J � �.JerT�+le 2� ,.�,-,r+...- � � n .,�,.. ,J...... �..+ �,..I,J ..I..,.+..,J .. �+..,J ..���,... �� +�,.. i i� �;+., ^^^' ; ^+ e ^'^.,e^' "., +"e '';+., List the property with the City's contracted real estate broker or a�ent at the hi�hest reasonable price the broker or a�ent anticipates the propertv will sell at; • � Convey the property via quitclaim deed to the successful buyer + +�, �, + � + �,,,.�, +�,.. �,� + �� +�,.. z�rcrr 2$rpiTcc-crc�crrrcmcrrc�T6p E�-F9ir�rc-c6�crrvi—crrc-��Fcc -,+ ..,�,�..�, +�,e ., er+., � �+�..�.,-,+e.J 4,., +�,e r -,I e�+-,+e 4,r..l.er +.. �ell within �twelve months after listing; and • Pay to the former owner any sale proceeds in excess of: o The sum of all taxes owed on the property; o ��The sum of all taxes that would have been assessed on the property during the period following foreclosure when the property is owned by the City; o All accrued interest; o Fees, including advertisin�, mailin�, recordin�, property listing and real estate broker's or a�ent's fees; o Any other expenses incurred by the City in selling� e� maintaining, or improvin� the property, including, but not limited to, a-r� documented administrative costs ��� �^��^' +^ 1�6-e�t�x. ��+., +�.,� ��' and reasonable attorney's fees; pg. 9 24-313 OCTOBER 16, 2024 o The cost to the City of the lien and foreclosure process, including, but not limited to, reasonable attorney's fees; and o Unpaid sewer�����, ^� ^+"�� and stormwater utility lien charges and reasonable fees imposed by the City.-; and Provide to the former owner a written accountin� of the amount of excess sale proceeds itemizin� anv of the fore�oin� deductions at the former owner's request. �.Ti�AE2�S��+m,:.���"crv�ane.- n...... n�..+ c���}F�'+��E�B� �.�, o n ��zrcc� \A/r���2�1-�A�FEt'��6�1--�KA�d�-�o.Jc�-vi='T��-,�� I� I I.,-,4,I e �A ��-AT✓�ii +crn� �,-,.re,-+., n�+e,- -, �ni,-�++e� ne,.,.,-,�,� , � c���,,.,.,�++e,� I�� �..,-.,-,e,- .. e,- .J..e� .,..+ ���4,.,-,�+ -, ,-�++e., .Je.,-,-,.,.J . ,�+6,�., on .J-,.,� -,�+e,- +b,e i t�c.� e�s � �, � � � �i-,� �,� i�,� -,�+e,- '��e�doY,.,.,�,� E�{-cii-rc r�rr �a��cc ir��.r. ccri�-=cv�T ...J �.-....,.. +L,.. �...-..,.....- .. +L,..., c+-,�� ..,.. .+-,I... +L,..�..I I.....�.,.T ..+...,..+.. ....II +L,.. r� � If the Citv's contracted broker or a�ent is unwillin� to list a propertv, the Citv will reach out to at least two other brokers or a�ents. If no broker or a�ent is willin� to list the propertv or if a broker or a�ent is unable to sell the propertv within twelve months, staff mav take the followin� steps to sell the propertv, as lon� as the Citv pays to the former owner anv excess sales proceeds as calculated above: 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: • 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. pg. 10 24-313 OCTOBER 16, 2024 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. � +�e�e�eEe+�e3�a#r-r � +; + + + + ri�rcrr � ccvrn-rrrcTr crrr9 � ir�E��r-crs�c�c9 cTrc2�c9ir vE1F2�9��E�fEELrrr�'',+ . ��+L, +L,���T��l�i-Fccr�T�r�vcvcr9��2�}c n.�.-.. + 'll � +�,.. �,-,�,�I�+-,+�..� +.. rcgrcEN�cTrr=dc'rrr v�=-err��crizrr�nrccrcTvrr6� 2� 6�ri�r2i��6 2-�A{�'r� E6�}Si•S��",+ ,�+L, +L,E-�3ciy2�S�T6p 6�"'crir n��vcPcr6�ri�r""'c�-ri resr"E2i��2�S�1£rr� EA�}�-h=rcrC�:i-cF���9TE�2���2--�-Ji�'vj✓E'rc=y-vcrE� �A �C.i�t�f�--p$��c��'c'rr�r�vr .,-,4,��r�e.,-,e�+ ..� .,-, �+ �� +�,e 4,��.,er �-,�I� +.. .. .,I., . ,�+�, +�,e +er.,-,� ..� e e e � +rr�'r2 cs�cEK�}�"crr�—ri��}^��r-crr�9 E9�d�-���9�/-FS+9�2�}S�-�cr�'r^cr�cc^ricES� ���TES� .,.J ..+L,e,--, .,+� .,-, ��+ 4,e .,-,�.J ..., +�.,-,e .J�„-�.,,T+L,e +e,-.,-, ..�+L,e n,T,-ee.,-,e.,+ ra-n��h:T��E'��-$�l�z"F�$��`c��6 �S��I�i�C.���}E'� �+.. i-rrcra�F9��9�}2-�3 9v�Sp cEF"cr�cvir�T�Eri cT9�}S�rP�T9�e�T^bT�Y rc�n�E'�}�i--��i=v�aE'��i�C.iS��+crny�ar"2i#@tFS--O=dd-i�c-i-=ddi�"sv�zT=-v ra2�-�=rvr�6 �}C.�FcTr �, o T-,.. II +..r 'II ri-rcr�F cEELF1F �riTm�c��2� 2X2���FA� c-rcrTEArreccvr=wi�T �rv"����}C��e�6r'sFt�6", �I„ ", T��1.�✓v�cccicm���z pg. 11 24-313 OCTOBER 16, 2024 ���^�a-ri-n-rayTeEA�2�}��:T��C.iE Ft�-�I-&�3v^�c-vrcrn���cr•,c-y-v=��cii�",T�crcRr� �n�e�'cr���I Iany-��Ee`Tsri'r'cca--rrvTrpTefi+ �Tr-cTiTc��cr�r�i�'iTES�pc"c'rfr�c�I I�Tvir--+c-r�'rc QE1FEr9��Err�9��9��a oTc-rr9in�nT�Sur2-VIF9��-KEF�cn-r2-�cr9TTT2��-33y--cTTc r'�+.. + I + +L, +..+-,.,.J�.,.T +.. .J + +L,.. rr6�3�6 ��6 c-cir�6 E'c"�SrcrrE6ii-corc�rra�mg-c�ri�r6cFriro 6�cccrc6�:rrc E Ft�=-s��iTrrcT-v�dd��""crTc��}C.i�S�,'r�l�C.���}C F�2i�-S-O=dccE�r�6 � E+t�a�-I+�����"�eEt+a���1�c�S�c�i��e � _ ^���e�t+ rEF�FFF2�o � _ ,.��+ e�+�+., +,. e�+e,- ��+,. -, ne.,el,.,�„�,e�+ n,T,-ee,�,e�+ . ,�+1�, -, ��e�t�t�c�s��� t�rc.�ert�+�t�„�rc�e��e�r��� ..,�� � ���� �e c�,�t�x..�,�;�,��ea�exe�+�;-��t�e--�,=�e��y�fa.. ...,�.. . ,,�,� .,�....T�� +�,-,+ +�, o�+�+., ,T o � '+�� .J �+� ' ' +ere�+ +.. rrrcrc-crrE--F}9�}-F3�9 �..�.=� �or2c-rv�=-i-c� �-rra-n��cFccc$�vr.riTrFrrccTc��cvzr r2�F2����^c�iTcF�c-irr��F�FF�E���eeF�+b,-,+ ��I.J ,-o..���,-e e e ..� +6,e er+., .. ��,�., +.. +�,e i"�+., �� +�,e e �+ +�,-,+ +�,e ., er+., .. r +r-,���er� �C.�avjvcrc��Azrp2�=SAi�--^v�2�}t F+•, ••,�,••/••,�,�E�1 Et3-Kl-K}^v�C�:�-Frrr�l.�rizri-rc�cca^u �} 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; � �.-.. .. +�,., n...,..1....,..,....�+ n.�.-......,....�+ I�� -, ..,I�,.-,b,l..\. , • Prepare the Quitclaim Deed or Municipal Bill of Sale; • Attend the sale closing; • Ensure that all sale paperwork is executed; • Ensure that full payment is received. C 7 � +6,.. ..,..��..,�..�..,-,I ..���........ ......... ......����.-.. +6,.. �...-..,.....- .......,...-+.. ........��+.. -, ..����+..I-,�..,.. �. . .� +.. 4,e -, ..� -, ,TL,+ ..�+L,e �..r.,-,er .. r+.. .. ..+�..., ., .,+ +,. �c nn Q c �,onc_Q pg. 12 24-313 OCTOBER 16, 2024 If the City chooses to retain a tax-acquired property for municipal use,the City shall procure an appraisal report from an appraiser licensed to provide real estate appraisals in Maine showin�the value of the tax-acquired propertv bein� retained. The appraiser mav not hold elected or appointed office in the Citv or be otherwise emploved bv the Citv. The Citv, after providin� the notice required in Section 6.0, shall pav to the former owner anv excess sale proceeds as calculated in this section, substitutin�the value of the tax-acquired propertv as shown in the appraisal report for the sellin� price of the tax-acquired propertv. The appraisal report must be prepared within 120 days before the time the excess sales proceeds are paid. 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 or Municipal Bill of Sale.�Tc�i��ee�ta-i„��e�op,�;T��t�+Etior;�����e�^�� � +,. e e +�,e r �+ ,.����+�„-e +-,.,e� ��+�i�+�e� ,.+�,e,- -, �+� e � � � e e 6.0 Notices If, after the sale of a tax-acquired propertv, there exist anv sale proceeds as described in Section 5.2, the Citv shall send written notice of its intent to pav the former owner the excess sale proceeds at least 30 days prior to the disbursement of those proceeds. The notice must be sent bv first-class mail and certified mail, return receipt requested, to the last known address of the former owner and the last known address of each record holder of an interest in the tax-acquired property. If the Citv is unable to locate the former owner of a tax-acquired propertv after reasonable dili�ence in order to send the above notice, the City shall place a notice in a newspaper of �eneral circulation in Penobscot County once a week for three consecutive weeks. The notice shall include the name of the former owner, a description of the tax-acquired propertv that was sold, the amount of the excess sale proceeds (as calculated usin� the checklist attached to this policv), and the date bv which the excess sale proceeds must be claimed. If, after the Citv provides the notice as described in the above para�raph, a former owner fails to claim the excess sale proceeds within 30 days of the final published pg. 13 24-313 OCTOBER 16, 2024 notice, the City shall transfer the excess sale proceeds to the Unclaimed Property Fund underTitle 33 M.R.S. §2141. Within 10 days of pavment of anv excess sale proceeds to the former owner, the Citv shall record in the Penobscot Countv Re�istry of Deeds a notice si�ned bv the municipal officers.The notice must include the name of the former owner to whom the excess sale proceeds were paid, the amount of the excess sale proceeds, the date on which the excess sale proceeds were paid to the former owner, a description of the tax-acquired property that was sold, and a statement that receipt of the excess sale proceeds by the former owner is deemed to be a waiver of the former owner's ri�ht to commence anv action challen�in� the takin� pursuant to 36 M.R.S. §946-B. �7.0 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. �8.0 Policy Administration Annually, the Finance Committee shall review this policy and provide direction as to any proposed amendments. pg. 14 24-313 OCTOBER 16, 2024 Documentin� Fees Associated with the Sale of Tax-Acquired Properties Staff shall accurately document any fees associated with the tax lien, foreclosure, and sale of anv tax-acquired propertv bv utilizin� this list of fees. Per 36 M.R.S. §943-C, the City may char�e for the followin�: 1. The sum of all taxes owed, includin�those taxes assessed on the propertv after the foreclosure bv the Citv. 2. The sum of all sewer and stormwater utility char�es, includin� those utility char�es assessed on the property after the foreclosure by the City. 3. All accrued interest on the taxes and utility char�es associated with a tax- acquired property. 4. Anv advertisin� fees. 5. Mailin� fees. 6. Recordin� fee for the cost of recordin� the notice at the Penobscot Countv Re�istry of Deeds. 7. Any property listin� fees. 8. Real estate broker or a�ent fees, to the extent these fees are not included in the broker or a�ent fee a�reement with the Citv. 9. Anv fees associated with sellin� the propertv. 10.Anv fees associated with maintainin� the propertv, includin� insurance fees, mowin� fees, etc. 11.Any fees associated with improvin� the property. 12. Documented administrative costs and reasonable attornev's fees. 13.Any costs to the City to lien the property. 14.Anv costs to the Citv to foreclose on the propertv. All fees associated with all tax-acquired properties should be documented. Some fees mav need to be estimated and assessed prior to actuallv char�in� the fee, due to filin� and notice requirements. pg. 15 IN CITY COUNCIL OCTOBER 16, 2024 CO 24-313 Passed �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK