HomeMy WebLinkAbout063 - 06/02/1992 - AMENDING CITY CODE PERTAINING TO THE ENFORCEMENT OF SPECIAL IMPROVEMENT DISTRICT LIENS ORDINANCE NO. 63, 1992
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN SECTIONS OF THE CODE OF THE CITY
OF FORT COLLINS PERTAINING TO THE ENFORCEMENT OF SPECIAL
IMPROVEMENT DISTRICT LIENS
WHEREAS, the City is empowered by both state and local law to construct
local improvements through the creation of special improvement districts and to
assess the costs of such improvements upon the property especially benefitted
thereby; and
WHEREAS, the levy and collection of assessments for local improvements is
a matter of purely local concern; and
WHEREAS, the City Council wishes to amend certain sections of the City Code
pertaining to the calculation, collection and waiver of penalty interest on
delinquent assessments; the sale or use of properties acquired through the
foreclosure of assessment liens; and the foreclosure of certificates of purchase.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That Section 22-95(c) of the Code of the City of Fort Collins
is hereby amended to read in its entirety as follows:
Sec. 22-95. Payment of assessments in installments.
(c) Failure to pay any installment, whether of principal or
interest, when due, shall cause the entire remaining principal
balance and accrued interest to become due and collectible
immediately. The entire remaining principal balance and accrued
interest shall draw penalty interest at the rate of one (1) percent
per month. Such penalty interest shall be in addition to the
ordinary interest specified in the assessing ordinance and shall
accrue from the date of delinquency until the date upon which the
property in default is sold to enforce the city's special assessment
lien. At any time prior to the day of sale, the owner may pay the
amount of all unpaid installments together with accrued interest
thereon and penalty interest, and shall be restored to the right to
pay in installments in the same manner as if default had not
occurred. The Financial Officer shall have the discretion to waive
or otherwise adjust the amount of penalty interest due hereunder;
provided, however, that any such waiver shall not restore to the
owner any right which has been waived under the provisions of § 22-
94 and shall occur only when:
(1) prior to the annual sale of property in default, a
written protest for waiver has been filed with the
Financial Officer stating the amount of the requested
waiver and the reasons therefor and, at the time of
filing said protest and request for waiver, the property
owner has paid all portions of the installment payment
of the assessment, excluding only the disputed amount of
penalty interest; and
(2) the Financial Officer finds that the proposed waiver of
penalty interest is necessary to avoid a manifest injustice to
the property owner, to correct an error in the calculation of
the penalty interest or to resolve a good faith dispute
regarding the amount of penalty interest due.
Notwithstanding the foregoing, no more than one-third (1/3) of
the total amount of penalty interest due on a delinquent installment
may be waived unless the Financial Officer finds that such waiver is
necessary to correct an error in calculation.
In determining whether a requested waiver of penalty interest
should be granted to avoid a manifest injustice to the property
owner or resolve a good faith dispute, the Financial Officer shall
consider the circumstances under which the default occurred, the
payment history of the property owner and the best financial
interests of the city.
Upon granting any waiver of penalty interest under this subsection,
the Financial Officer shall forthwith inform the City Council of the
amount of such waiver and the reasons therefor.
The fact that a payment of penalty interest has been withheld
by a defaulting property owner for the purpose of requesting a
waiver under this subsection shall not prevent the city from
exercising its right under subsection (a) of this Section to sell
the property in default for the full amount of the city's assessment
lien, including principal , interest, penalties and costs of
collection.
Section 2. That Section 22-97(d) and 22-97(e) of the Code of the City of
Fort Collins are hereby amended, with remaining subparagraphs renumbered
accordingly, to read as follows:
Sec. 22-97. Receiving of payments; sale of property for default.
(d) Cumulatively with all other remedies, if the city is the
owner of property by virtue of a tax deed or is the owner of
property otherwise acquired in satisfaction or discharge of the
liens represented by certificates of purchase, it may sell such
property for the best price obtainable at public sale or auction or
by sealed bids, or by such other method of sale which may be
approved by the City Council . In lieu of selling any such property,
the City Council may determine by ordinance that the property should
be retained by the city for a particular public use, in which event
the Financial Officer shall forthwith deposit into the appropriate
special assessment fund an amount equal to the remaining principal
balance of the unpaid assessment against the property, plus any
accrued interest thereon, excluding any penalty interest. In
addition, if the city has incurred costs in connection with the
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enforcement of its assessment lien against the property, the City
Council may require that the fund from which such costs were paid be
reimbursed. Such costs may include, without limitation, publication
costs, title insurance costs, appraisal or marketing costs, fees
paid to the County Treasurer and any general taxes paid by the city
on the subject property.
(e) Cumulatively with all other remedies, if the city is the
holder of a certificate of purchase for a parcel of undeveloped real
property having a market value less than the total of the city's
assessment lien against such property plus all costs incurred by the
city in enforcing such lien, then the City Council may at any time
authorize the commencement of a civil action to foreclose such
certificate of purchase, joining as defendants all persons holding
record title, persons having or claiming any interest in the
property or in the proceeds of foreclosure sale, all governmental
taxing units having taxes or other claims against said property, and
all unknown persons having or claiming any interest in said
property. Properties shall be considered to be "undeveloped" within
the meaning of this provision unless permanent buildings or
structures have been constructed thereon, and the value of such
buildings or structures is equal to or greater than the value of the
unimproved real property described in the tax certificate, including
the improvements funded through the creation of the special
improvement district. For purposes of this provision, the market
value of the property in question, including any buildings or
structures thereon, shall be determined on the basis of the records
of the Larimer County Assessor's office or such other records or
information as the Financial Officer may deem appropriate, and such
determination may be made at any time after the date of the tax sale
at which the certificate of purchase to be foreclosed was obtained
by the city.
Any number of certificates may be foreclosed in the same
proceeding. In such proceeding, the city, as plaintiff, shall be
entitled to all relief provided by law and actions for an
adjudication of rights with respect to real property, including the
right to obtain title to such property after the expiration of such
period of redemption as is set forth in Part 1 of Article 38 of
Title 38, C.R.S.
Section 3. The authority to foreclose certificates of purchase referred
to in Section 2 of this Ordinance shall apply to all certificates of purchase
held by the City which meet the requirements of said Section, regardless of
whether such certificates of purchase were acquired before or after the effective
date of this Ordinance.
Section 4. Nothing herein shall be construed as invalidating any prior
proceedings or administrative actions heretofore undertaken by the City or its
officers or employees in imposing or collecting special improvement district
assessments, and the validity of all such proceedings and actions is hereby
ratified and confirmed by the Council , including, without limitation, the
Financial Officer's practice of calculating penalty interest in addition to the
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accrual of ordinary interest for delinquent assessments, and the Financial
Officer's application of the penalty interest rate of one and one-half (1 112)
percent per month to existing special improvement districts.
Section 5. All ordinances, resolutions and regulations of the City in
conflict with this Ordinance are hereby repealed to the extent only of such
inconsistency. This repealer shall not be construed to revive any ordinance,
resolution or regulation, or part thereof, heretofore repealed.
Introduced, considered favorably on first reading, and ordered published
this 19th day of May, A.D. 1992, and to be presented for final passage on the 2nd
day of June, A.D. 1992.
Mayor
ATTEST:
(�ity Clerk
Passed and adopted on final reading this 2nd day of June, A.D. 1992.
A 1
Mayor
ATTEST:
City Clerk
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