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HomeMy WebLinkAboutNon-CodeOrd2012-005 Sponsored by: Hunt Introduction: May 14, 2012 tar 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 wadi contracting the cleanup of the property and then selling the property and placing it back on the tax g P p P Y g p p Y P g 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. J 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�� . ABSENT: None •�.i OF,Se11 ,, • BSTAIN: None .•� > ••' t'•o #1 ATTEST: ; • I SEAL • z qty. : ilia S. ', 0 , A I ( 1. ohanna Kinne A MC / City Clerk) ifty Agenda Statement r 4 40 SE% Meeting Date: May 14, 2012 6 r 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. -1y 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 �5