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ORDINANCE NO. 444
The City of Newport Beach, by
rend through its City Counc:L does
ordain as follows:
SECTION 1. A new section is
!hereby added to Ordinance No.
428 of the City of Newport Beach,
to be numbered 28-Dui, and tc, read
as follows:
"28aa. The word "taxes" wher-
ever used in this section includes
811 taxes and assessments and an-
nual installments of assessments
charged on the tax roll.
In all cases where real estate
has been sold to the City of New-
port Beach on or before July 6th,
1936, for delinquent taxes and the
City has not disposed of the same,
the person whose estate: has been
sold, his heirs, executors. admin-
strators or other successors ?n in-
terest shall at any time on or be-
fore the twentieth day of April,
1937, have the right to redeem
such real property by paying to
the Tax Collector of the city of
Newport Beach, the amount of
taxes clue thereon at the time of
such sale, and also all taxes that
-were a Tien upon said real prop-
. erty at the time said taxes be-
came delinquent, and also all un-
paid taxes of every description as-
sessed against the property to-
gether with all taxes that are a
lien against the property for each
year since the sale, as shown on
the delinquent assessment rolls in
the then permanent custody of the
City Clerk and Ex- officio Asses-
sor of the City of Newport Beach,
or, if not so assessed, then upon
the value of the property as as-
sessed in the year nearest the
time of such redemption, with in-
terest on the whole amount of
such taxes at the rate of seven
percent per annum computed from
-the first day of July, 1935, to the
time of such redemption.
The provisions of this section
shall -be deemed to allow the re-
der , ption of such real estate, on
or before the 20th day of April,
1937. free from the payment of
any costs, interest (other than the
interest hereinbefore in this sec-
tion provided), penalties for de-
linquency, or redemption penalties,
Which may have accrued against
said real estate on or before April
20, 1937. The provisions of this
section shall have no application
to the amount or rate of penal-
ties for delinquency or upon re-
demption, for taxes for the fiscal
years 1936 -1937.
Except as otherwise in Section
28bb and this section provided,
such redemption shall be made in
the manner prescribed by Ordin-
ance No. 428 of the City of New-
port Beach."
SECTION 2. A new section is
hereby added to Ordinance No.
428 of the City of hTewport Beach,
to be numbered "28bb" and to read
as follows:
"23bb. The word 'taxes" wher-
rve, used in this section, includes
all'taxes and assessments and an-
nual installments of assessments
charged on the tax roll.
In all cases where real estate
has been cold to the City of New-
port Beach on or before July 5,
1936, for delinquent taxes, and the
City has not disposed of the same,
the person whose estate has been
sold, his executors, administrators,
or other successors in interest
shall on or before April 20, 1937,
have the right to elect to pay
:such delinquent taxes in install-
ments as hereinafter provided, and
by the payment of each of such
installments, together with cur-
rent City taxes, to extend the per-
iod of redemption of such real es-
tate and to postpone the date of
sale of such property, as provided
in Ordinance No. 428 of the City
of Newport Beach, and time of
making a deed of such property
to the City, and in the event such
property has been deeded to the
City of Newport Beach, postpone
the resale of such real estate by
the City as provided in Ordin-
ance No. 428 of the City of New-
port Beach.
Upon payment to the treasurer
on or before April 20, 1937, of
ten percent, or more, of an amount
equal to the total of unpaid taxes
computed as prescribed in Section
28aa of this ordinance, plus inter-
est on the whole of said amount
at the rate of seven percent per
annum from and after July 1st,
1935, to date of ouch payment and
by further payment on or before
April 20. 1937, of all city taxes
levied and assessed for the fiscal
year 1936 -1937, together with pen-
alties and costs due thereon, the
right of redemption in install-
ments hereunder shall be extend-
ed to and including April 20,
1938, during which time no sale
at auction of such property shall
be made, and no deed to the City
shall be made, and no resale by
the City shall be made. Upon pay-
ment to the Treasurer, in each
succeeding fiscal year but not
later than April 20. until said
amount has been paid, of ten per-
cent or more of said total amount
together with interest, at the same
rate from the date of the preced-
ing payment, on that part of said
total amount remaining unpaid
after such preceding payment, and
upon payment on or before April
20. in each of said succeeding fis-
cal years of taxes for each of said
years, with penalties and costs
due thereon, the right of redemp-
tion shall be extended, the time
of sale at auction to the public
amid of deed to the City shall be
postponed and resale by the City
shall be suspended, for successive
periods of one year. In the event
of failure to make any of the pay-
ments herein specified to be made
on or before the dates herein set
forth, the right to pay such delin-
quent taxes in installments shall
cease and terminate and such
property shall thereupon be sub -
jert to sale at auction or may be
deeded to the city or resold by
the city in the same manner as
though no election to pay delin-
quent taxes in installments had
been made.
No such payment, nor all of
them, shall be deemed a redemp-
tion of real estate nor affect the
right, title or interest of the city
thereto, but shall be deemed and
considered as compensation for
the use and occupancy of said real
-state; provided, that if each in-
stallment of delinquent taxes and
interest be paid on or before the
respective dates specified in this
motion, and if redemption of such
property shall be made, on or be-
fore the twentieth day of April,
1946, in the manner hereinafter in
this section provided, -the amounts
previously paid under the author-
ity of this section shall be credit-
ed on the amount to be paid for
such redemption.
The amount to be paid on or be-
fore the 20th day of April, 1946,
to effect redemption of such prop -
city miner this section shall be
the sum of the following amounts:
(a) Unpaid ;.axes as prescribed
in Section 28aa of this ordinance,
with 'interest thereon equal to the
amount of interest included in all
installment payments previusly
made, as authorized by this sec-
tion, and, in addition, interest
equal to the amount of interest
due at the time of such redemp-
tion on the remainder, if any, of
the amount payable in install-
ments, as authorized by this sec-
tion.
(b) Unpaid taxes for the fiscal
years following 'the year ending
June 30, 1936, with redemption
penalties thereon computed in ac-
cordance with the provisions of
Ordinance No. 428 of the City of
Newport Beach.
Except as in this section pro-
vided, such redemption shall be
made in the manner prescribed in
Ordinance No. 428 of the city of
Newport Beach.
All interest received by the city
treasurer pursuant to the provi-
sions of this and the preceding
section shall be distributed in the
same manner as redemption penal-
ties in accordance with Ordinance
No. 428 of the city of Newport
Beach.
SECTION 3. A new section is
hereby added to Ordinance No.
428 of the City of Newport Beach,
to be numbered "28ce," and to
read as follows:
"28ce. Notwithstanding the pro-
visions of Ordinance No. 428 of
the city of Newport Beach, no sale
at auction to the public shall be
made of unredeemed property in
the years of 1935, 1936 or 1937,
but at the day and hour fixed in
Ordinance No. 428 of the city of
Newport Beach, all real property
otherwise subject to sale shall be
dc,lded to the city as provided in
Ordinance No. 428 of the city of
Newport Beach. No sale of any
property (except property sold to
the city for delinquent taxes in
the year 1925, or at any time prior
to 1925) shall be made in accord-
ance with the provisions of Or-
dinance No. 428 of the city of
Newport Beach, after the effective
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date of this ordinance, and prior
tb the first day of January, 1938.
Property sold to the city for de-
linquent taxes in the year 1925, or
prior to 1925, and deeded to the
city pursuant to any of the ordin-
Roces of the city of Newport
Beach, shall be subject to sale
under the provisions of Ordinance
No. 428 of the city of Newport
Beach.
Nothing in this section shall be
construed to prohibit any agree-
ment or sale made under the pro -
visions of any ordinance of the
city of Newport Beach or any state
law.
In the years 1935, 1936 and 1937,
the notice required by Section 28
of Ordinance No. 428 of the city
cf_ Newport Beach, shall be in sub -
stance and may be in form as fol-
lows: "To be deeded to the City.
' See No. in addenda to this
list."
"ADDENDA T O . D E L I N-
QUENT TAX LIST.
Notice of Disposal of Properties
for Delinquent Taxes.
'In pursuance of law, public no-
tice is hereby given that the
undersigned tax collector will
make deeds to the City of New-
port Beach for the several par-
eels and lots of property herein-
after described unless on or before
the day of
193 —, at the hour of — o'clock
M., redemption from sale for
delinquent taxes is made in ac-
cordance with the provisions of
Section 33 of Ordinance No. 428
of the City of Newport Beach, or
.a postponement of sale is had in
accordance with the provisions of
Ordinance No. — of the City
of Newport Beach, or a condition -
a] payment is made in accordance
with the provisions of Ordinance
\o. —.--- of the City of Newport
'Preach, on said date, five years or
r: ore will have elapsed from the
date of the . =.ale of said property
to the City.
Dated this — day of ,
'19 ---.
Ta: Collector of the City of New-
port .Beech, State of California."
The prePcrtics which are to be
sp deeded and which are the sub-
ject of this notice are situated in
the City of Newport Beach, State
of Ca;ifornia, cud are particularly
described as follows, to -wit:
Di o. (description of property)
sscssrd to -- Sold
to City for $--
SECTION 4. A new section is
hereby added to Ordinance No 428
of the City of Newport Beach, to
ho nur -bored "28cid" and to read
as follows:
"28dr.1. Any persor-, his heirs, ex-
ecutors, administrators or other
successors in interest, who has
,node or who shall make a pay -
Muit or Payments on account of
delinquent tees in accordance
- with the provisions of any ordin-
gr-c^ of the city of Newport Beach.
hnd who, in addition. has e'.ected
'n' skull elect to pay the delinquent
'taxes ou the same property in in-
`:stalln:enfs in accordance with tale
,1eruvisions of this ordinance, as the
case may be, or'who has* made or
shall make a payment on account
of delinquent taxes in accordance
with the provisions of any ordin-
ance of the City of Newport
Beach, or this ordinance, and who,
in addition, shall elect to redeem
such property from delinquent
taxes in accordance with the pro-
visions of this ordinance, shall re-
ceive credit, on the amount of
taxes payable, for the total
amount, without an allowance for
interest thereon, previously paid
to the city treasurer, in accord-
ance with the provisions of any
ordinance of the City of Newport
Beach, or this ordinance. In the
event payment is made in install-
ments such credit shall be in ad-
dition to and not a substitute for
the payment of the whole or any
part of such installment then pay-
able.
SECTION 5. A new section is
hereby added to Ordinance No. 428
of the City of Newport Beach, to
be numbered "28ee" and to read
as follows:
"28ee. Any person, his heirs, ex-
ecutors, administrators or other
successors in interest, who elected,
on or before April 20, 1935, to pay
delinquent taxes in installments in
accordance with the provisions of
any ordinance of the City of New-
port Beach, or who, on or before
April 20, 1936, elected so to do in
accordance with any ordinance of
the City of Newport Beach, and
who failed to pay the taxes for the
fiscal years 1934 -1935, or 1935-
1936, as in said ordinances re-
quired, on or before said date, and
who elects to pay the delinquent
taxes on the same property in in-
stallments in accordance with the
provisions of this ordinance, shall
receive credit, on the amount of
delinquent taxes payable in install-
ments under this ordinance, for
the total amount, without an al-
lowance of interest thereon, prev-
iously paid to the city treasurer
in accordance with the provisions
of any ordinance of the City of
Newport Beach. Such credit shall
be in addition to and not a sub-
stitute for the payment of the
whole or any part of such install-
ment then payable.
SECTION 6. A new section is
hereby added to Ordinance No. 428
of the City of Newport Beach to
be numbered "28ff" and to read as
follows:
"28ff. If the person erecting to
pay such delinquent taxes in in-
stallments, in accordance with the
provisions of this ordinance, or
any other ordinance of the City of
Newport Beach, now in effect, his
heirs, executors, administrators,
o: other successors in interest, has
failed or shall fail to make any of
the payments, of installments or
of current taxes therein required
therefor on or before the dates
therein fixed at the time the first
payment was made and if the City
he'S not disposed of the property
and redemption thereof is made
in accordance w$h the provisions
of this ordinance or any ordin-
ance of the City of Newport
,. Eeach, nnw in cfkeU, v;ichin, five
years after April 20, of the fiscal
year within which such failure to
pay occurred but not later than
April 20, 1946, there shall be cred-
ited on the amount to be paid for
such redemption in accordance
with the provisions of this ordin-
ance or any ordinance of the City
of Newport Beach, now in effect,
the amounts previously paid to
the treasurer in accordance with
the provisions of this ordinance or
any ordinance of the City of New,
port Beach now in effect.
All moneys received by the
Treasurer in accordance with the
provisions of this ordinance or any
other ordinance of the City of
Newport Beach relating to the col-
lection of taxes "shall be distribut-
ed in the manner prescribed by
Ordinance No. 428 of the City of
Newport Beach, for taxes, delin-
quency penalties, costs and re-
demption penalties.
SECTION 7. A new section is
hereby added to Ordinance No.
428 of the City of Newport Beach,
to be numbered "2899," and to
read as follows:
"2899. The word "taxes" wher-
ever used in this section includes
all taxes and assessments and an-
nual installments of assessments,
charged on the tax rolls.
In all cases where real estate
has been sold to the city for de-
linquent taxes on or before July
6, 1935, and the City has not dis-
posed of the same, the person
whose estate has been or may
hereafter be sold, his heirs, execu=
tors, administrators or other suc-
cessors in'interest, at any time on
or prior to September 1, 1936, shall
have the right to redeem such
real estate, without penalties for
delinquency, costs or redemption
penalties or interest of whatever
name or description, by paying on
or before said date, to the City
Treasurer of the city wherein such
real estate is situate, the amount
of. taxes thereon at the time of
sale, and also all taxes that were
a lien upon said real property at
the time said taxes became delin-
quent and also all unpaid taxes of
every description assessed against
the property for each year since
the sale, as shown on the delin-
quent rr)ls in tho then permanent
custody of the City Clerk and Ex-
officin Assessor of the City of
Newport Bench; or, if not so as-
sessed, Shen upon the value of the
property as assessed in the year
nearest the time of such redemp-
tion.
SECTION S. A new section is
hereby added to Ordinance No.
428 of the City of Newport Beach,
to be numocred "28hh" and to read
as follows:
"28hh. In the event a person bas
elected to pay in installments de-
linquent taxes which are a lien up-
on any real estate, in accordance
with the provisions of this ordin-
ance or any other ordinance of the
City of Newport Beach relating to
taxes, now in effect, and he, his
heirs, executors, administrators or
other successors in interest, elects
to make final redemption of the
same real 'estate under the provi-
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slons of Section 28gg of this or-
dinance, there shall be deducted
from the amount necessary to ef-
fect such final redemption under
Section 28gg, a credit equal to tho
total amount theretofore paid by
such person, his heirs, executors,
administrators and other succes-
sors in interest. under this ordin-
ance or any other ordinance of
the City of Newport Beach relat-
ing to taxes, now in effect, includ-
ing therein all installments, in-
terest, taxes and penalties paid
thereunder.
SECTION 9. A new section is
hereby added to Ordinance No. 423
of the City of Newport Beach, to
be numbered "2811" and to read as
follows:
"28ii. Whenever the payment of
delinquent taxes under this ordin-
ance and Ordinance No. 428 of the
City of Newport Beach or any
other ordinance of the city of
Newport Beach relating to taxes,
now in effect, has been started,
and the property upon which the
taxes are being paid does not ap-
pear on the assessment roll, the
City Assessor shall be required to
make an assessment according to
the current values and to place
the property on the current as-
sessment roll for that year and
for each year thereafter so long
as payments under this ordinance
are kept up. The property when
so returned to the assessment rolls
shall be assessed in the name of
the holder of the fee title immed-
iately prior to the deed to the
City.
SECTION 10. A new section is
hereby added to Ordinance No. 428
of the City of Newport Beach, to
be numbered "28jj" and to read as
follows:
"28jj. Whenever property is being
redeemed under this ordinance or
any other ordinance of the City
of Newport Beach relating to
taxes, now in effect, and does not
appear on the assessment roll, the
City Assesor shall furnish the Tax
Collector of the City of Newport
Beach with al list of the years for
which no assessment has been
made and the assessor shall place
a valuation on the property which
shall be used in computing the tax
for the years when the property
was not assessed.
SECTION 11. This act is hereby
declared to be an urgency measure
necessary for the immediate pres-
ervation of the public peace,
health and safety, within the
meaning of Section 1 of Article
TV of the Constitution, and shall
therefore go into effect immed-
iately upon its first publication.
The facts constituting the neces-
sity are as follows: Due to the
widespread depression, many tax-
payers have been unable to pay
their taxes, or to redeem their
property from sale to the City for
delinquency. By permitting re-
demption without penalties, many
taxpayers will be enabled to re-
deem their property, restore the
same to the tax rolls, and there-
by add revenue for the operation
and maintenance of government.
It is also necessary in ordar to
redeem much of this property
which does not at the present time
appear on the assessment rolls
that it be assessed according to
present day values. If this is not
done immediately taxpayers whose
property does not now appear on
the assessment rolls will be unable
to take advantage of the rights
granted by this act.
SECTION 12. The City Clerk
shall certify to the separate vote
on the urgency of this ordinance
and its passage by the vote of five
members of the City Council of
the City of Newport Beach, and
cause the same to be pub "shad
once in NEWPORT NEWS, a
newspaper printed and circulated
in the City of Newport Beach, and
upon such publication this ordin-
ance shall become immediately op-
erative and take full effect.
I hereby certify that the ques-
tion of the urgency of the forego-
ing ordinance was passed and the
foregoing ordinance was adopted
by a vote of five (5) members of
the City Council of the City of
Newport Beach at its meeting of
June 15th, 1936.
AYES, Councilmen: Gordon,
Claire, Whitson, Garfield, William.
son.
NOES, Councilmen: None.
ABSENT, Councilmen: None.
The r.bove and foregoing ordin-
ance is signed and approved by
me this 15th day of ,Tune, 1935.
HARRY H. 7,7ILLIAi1SON,
Mayor Newport Beach
Attest:
FRANIC L. RI MIART,
City Clerk.