Chapter 2.10
PURCHASE OF TAX SALE CERTIFICATES
Sections:
2.10.030 Purchasing delinquent taxes.
2.10.060 Purchase of tax sale certificates.
2.10.070 Assignment of tax sale certificates.
2.10.080 Intent to rehabilitate the property.
2.10.010 Purpose.
The purpose of this chapter is to allow the County and the cities within the County the opportunity to utilize Iowa Code Sections 446.19A and 446.19B. Said code sections authorize counties and cities to bid for and purchase tax sale certificates on abandoned property or vacant lots to promote low or moderate income housing. [Ord. 100 § 1, 2007. Code 2009 § 1-5-1.]
2.10.020 Definitions.
For the purposes of this chapter, the following terms shall be defined:
“Abandoned” means the same as in Iowa Code Section 657A.1(I).
“Low or moderate income families” means the same as in Iowa Code Section 403.17.
“Public nuisance” means the same as in Iowa Code Section 657A.1(7). [Ord. 100 § 2, 2007. Code 2009 § 1-5-2.]
2.10.030 Purchasing delinquent taxes.
Pursuant to Iowa Code Sections 446.19A and 446.19B, the County and each city in the County are hereby authorized to bid on and purchase delinquent taxes and to assign tax sale certificates of abandoned property or vacant lots acquired under Iowa Code Sections 446.19A and 446.19B. This chapter authorizes the County Treasurer to separately offer and sell at the annual tax sale delinquent taxes on parcels that are abandoned property or vacant lots and are assessed as residential property or as commercial multifamily housing property and that are, or are likely to become, a public nuisance. [Ord. 100 § 3, 2007. Code 2009 § 1-5-3.]
2.10.040 Verified statement.
On or before May 15th, the County or city may file with the County Treasurer a verified statement containing a listing of parcels and a declaration that each parcel is abandoned property, each parcel is assessed as residential property or as commercial multifamily housing property, each parcel is, or is likely to become, a public nuisance, and that each parcel is suitable for use as housing following rehabilitation. The verified statement shall be published at the same time and in the same manner as the notice of the annual tax sale. [Ord. 100 § 4, 2007. Code 2009 § 1-5-4.]
2.10.050 Procedure.
On the day of the regular tax sale, or any continuance or adjournment of the tax sale, the Treasurer shall separately offer and sell those parcels listed in a verified statement timely received and properly published and which remain liable to sale for delinquent taxes. This sale shall be known as the “public nuisance tax sale.” Notwithstanding any provision to the contrary, the percentage interest that may be purchased in a parcel offered for sale under this section shall not be less than 100 percent. The County or city shall not pay money for the purchase but each of the tax-levying and tax-certifying bodies having any interest in the taxes shall be charged with the total amount due the tax-levying or tax-certifying body as its just share of the purchase price. [Ord. 100 § 5, 2007. Code 2009 § 1-5-5.]
2.10.060 Purchase of tax sale certificates.
To be eligible to bid on parcels, a prospective bidder shall have entered into a rehabilitation agreement with the County, or with the city if the property is located within a city, to demonstrate the intent to rehabilitate the property for use as housing or construct a residential structure on the vacant lot if the property is not redeemed.
If, after issuance of a tax sale deed to the holder of a certificate of purchase at the public nuisance tax sale, the tax sale deed holder determines that a building, structure, or other improvement located on the parcel cannot be rehabilitated for habitation, the tax sale deed holder may request approval from the Board of Supervisors, or the city council if the property is located within a city, to remove, dismantle, or demolish the building, structure, or other improvement. [Ord. 100 § 6, 2007. Code 2009 § 1-5-6.]
2.10.070 Assignment of tax sale certificates.
The County or city may assign or reassign the tax sale certificate obtained pursuant to this chapter. Preference shall be given to purchasers who are low or moderate income families or organizations that assist low or moderate income families to obtain housing. Persons who purchase certificates from the County or city pursuant to this chapter are liable for the total amount due to the certificate holder pursuant to Iowa Code Section 447.1.
After the date that a parcel is sold, pursuant to Iowa Code Section 446.18, if the parcel assessed as residential property or a commercial multifamily housing property is identified as abandoned or a public nuisance pursuant to a verified statement filed pursuant to BHCC 2.10.040, a county or city may require the assignment of the tax sale certificate that has been issued for such parcel by paying to the holder of such certificate the total amount due on the date the assignment of the certificate is made to the County or city and recorded with the County Treasurer. If the certificate is not reassigned by the County or city, the County or city, whichever is applicable, is liable for the tax sale interest that was due the certificate holder pursuant to Iowa Code Section 447.1, as of the date of reassignment. [Ord. 123, 2014. Code 2009 § 1-5-7.]
2.10.080 Intent to rehabilitate the property.
All persons who purchase certificates from the County or city under this chapter shall demonstrate the intent to rehabilitate the property for habitation if the property is not redeemed. In the alternative, the County or city may, if title to the property has vested in the County or city under Iowa Code Section 448.1, dispose of the property in accordance with Iowa Code Section 331.361 or 364.7, as applicable. [Ord. 100 § 8, 2007. Code 2009 § 1-5-8.]