HomeMy WebLinkAboutNon-CodeOrd2012-005 Sponsored by: Hunt
Introduction: May 14, 2012
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Public Hearing: May 29, 2012
Enactment: May 29, 2012
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012 -005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE COMPLETION OF THE TAX
FORECLOSURE PROCESS AND THE SALE OF THE PROPERTY
DESCRIBED AS LOTS 29, 30, 31 AND 32, BLOCK 27, ORIGINAL
TOWNSITE OF SEWARD; WITH TAX PARCEL ID NUMBERS OF
14805003 AND 14805004, LOCATED AT 516 THROUGH 522 FIRST
AVENUE, AND APPROPRIATING FUNDS
WHEREAS, based on the Kenai Peninsula Borough 2012 tax foreclosure list and pursuant to
AS 29.45.450 the Kenai Peninsula Borough has applied for a Clerk's Deed for the following real
property: Lots 29, 30, 31 and 32, Block 27 Original Townsite of Seward, to be deeded to the City,
subject to payment of unpaid borough taxes and costs of foreclosure; and
WHEREAS, the Kenai Peninsula Borough has initiated foreclosure on the property for
delinquent property taxes and notified the City of Seward of this action; and
WHEREAS, the property is located on the East side of First Avenue between Madison and
Monroe Streets; and
WHEREAS, this property has become derelict and an extreme eye sore and over the past few
years numerous complaints have been received by the Community Development office however
letters to the estate manager, as the representative of the former (deceased) owner of record,
regarding the conditions have gone unanswered; and
WHEREAS, there are several derelict structures on the property one of which collapsed
under heavy snow load on April 16, 2012 and has been declared a public safety hazard; and
WHEREAS, the last record owner of the property is the estate of Martin and Betty Goresen,
do Betty Hodges, Chugiak Alaska; and
WHEREAS, an individual residing on the property has been notified that he must vacate on
or before the City takes ownership of the property; and
WHEREAS, the intent of the City is to obtain ownership through foreclosure process by
paying the delinquent taxes of $6,602.66, evicting anyone who may be residing on the property,
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012 -005
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contracting the cleanup of the property and then selling the property and placing it back on the tax
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roll; and
WHEREAS, the City of Seward has no public purpose for the real property, declares the real
property to be surplus, finds that it should be cleaned up and sold to cover all costs incurred
including but not limited to taxes, penalties, interest, administrative costs, demolition, cleanup and
property restoration and attorney fees; and
WHEREAS, upon adoption of this ordinance determining to sell the real property and the
sale or entry into a contract for sale of the property, the right of the former record owner and assigns
to repurchase the real property ceases.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
HEREBY ORDAINS that:
Section 1. The City Manager and the City Attorney are authorized to take all reasonable
steps necessary to complete the foreclosure process including the payment of $6,602.66 delinquent
taxes to the borough and obtain a Deed for Lots 29, 30, 31 and 32, Block 27, Original Townsite of
Seward.
Section 2. Appropriating an amount not to exceed $10,000 from the General Fund Reserves
account no 101.0000.3050 including $6,602.66 for delinquent taxes to be paid to the Kenai Peninsula
Borough and $3397.34 to assist in the clean -up of the property, to General Fund Miscellaneous
expense account no. 101 -1180 -5790.
Section 3. The City of Seward hereby declares that it has no public purpose for Lots 29, 30,
31 and 32, Block 27, Original Townsite of Seward and declares that the property is surplus and the
real property shall be offered for public sale, following cleanup and eviction proceedings (if needed),
in the manner provided by law.
Section 4. The City of Seward further declares Lots 29, 30, 31 and 32, Block 27, Original
Townsite of Seward, shall be offered for sale and the proceeds of the sale used to pay all expenses
incurred by the City, including taxes, penalties, interest, administrative costs, demolition costs, and
attorney fees.
Section 5. This non -code ordinance shall take effect immediately following its enactment.
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CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012 -005
iiiiii ENACTED by the City Council of the City of Seward, Alaska this 29` day of May, 2012.
THE CITY OF SEWARD, ALASKA
David ea t ard, Mayor
AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry, Seaward
NOES: None 4 swat s��
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ABSENT: None •�.i OF,Se11 ,, •
BSTAIN: None .•� > ••' t'•o #1
ATTEST: ; • I SEAL
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qty. :
ilia S. ', 0 , A I
( 1.
ohanna Kinne A MC /
City Clerk)
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Agenda Statement
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Meeting Date: May 14, 2012 6
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To: City Council \>
Through: City Manager, Jim Hunt
From: Donna Glenz, Planner
Agenda Item: Authorizing the completion of the tax foreclosure process and the sale
of the property described as Lots 29, 30, 31 and 32, Block 27,
Original Townsite of Seward; with Tax Parcel ID numbers of
14805003 and 14805004, located at 516 through 522 First Avenue
BACKGROUND & JUSTIFICATION:
Attached for the City Council's review and adoption is Ordinance 2012- £ 0S authorizing the
completion of the Kenai Peninsula Borough Tax Foreclosure process on Lots 29 -32, Block 27,
Original Townsite of Seward. This property is located on the East side of First Avenue between
Madison and Monroe Streets. A copy of the ordinance was mailed to the last record owner of the
property, in accordance with AS 29.45.460(c).
The Kenai Peninsula Borough has initiated foreclosure on this property for delinquent property taxes
and notified the City of Seward of this action. Alaska State Statue declares all unredeemed property
inside the City Limits is deeded to the City subject to the payment of the unpaid taxes and
foreclosure costs against the property. The City was noticed of the tax foreclosure on the above
property and now needs to declare, by ordinance, whether the property will be retained for a public
purpose. This determination is required by AS 29.45.460.
There are several derelict structures on the property, one of which collapsed under heavy snow load
on April 16, 2012 and has been declared a public safety hazard. This property has become derelict
and an extreme eyesore and over the past few years numerous complaints have been received by the
Community Development office. However, letters to the estate manager regarding the conditions
have gone unanswered. The intent of the City is to obtain ownership through foreclosure process by
paying the delinquent taxes of $6,602.66, evicting the current tenant, contracting the cleanup of the
property, and then selling the property and placing it back on the tax rolls.
CONSISTENCY CHECKLIST YES NO N/A
1. Comprehensive Plan (2020) X
"3.9.2.1 Encourage citizens, as well as the City to take an active role in beautifying .the
community." (page 30)
2. Strategic Plan (1999) X
"Promote a safe community" (page 18)
3. Seward City Code X
Numerous sections of title 9, Health and Safety support this action.
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4. Municipal Lands Management Plan X
Tax /Lien Foreclosure: (page 3)
FISCAL NOTE:
The City of Seward is required to pay the delinquent taxes of $6,602.66 to obtain title. Additional
costs may include administrative costs, demolition, cleanup and property restoration and attorney
fees. All incurred costs, interest, and penalties are expected to be recovered in the sale of the
property.
Approved by Finance Department A i�/!�► /,/, l,z ,
INTENT:
The completion of the tax foreclosure process and the sale of the property described as Lots 29, 30,
31 and 32, Block 27, Original Townsite of Seward
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
May 14, 2012: Council introduce Ordinance 2012-6 05 , authorizing the completion of the
tax foreclosure process and the sale of the property described as Lots 29, 30, 31 and 32, Block 27,
Original Townsite of Seward
May 29, 2012 Council adopts Ordinance 2012 -d
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