AN ORDINANCE
NO.
An ordinance amending Chapter 2 of the Columbus Code by adding a new
Section 2-189 which authorizes the Muscogee County Tax Commissioner or the
Muscogee County Sheriff to initiate In Rem tax foreclosures pursuant to
O.C.G.A. Section 48-4-75 et seq.; providing notification to Columbus Council
when such procedure is requested; and for other purposes.
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THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:
SECTION 1.
Chapter 2 of the Columbus Code is hereby amended by adding a new
Section 2-189 to read as follows:
?(a) Scope.
This Section is enacted pursuant to O.C.G.A. Section 48-4-75 et seq., and is in
addition to and an alternative to non-judicial tax foreclosure or any other
current power of the Land Bank Authority of Columbus, Georgia, the Muscogee
County Tax Commissioner or the Muscogee County Sheriff. In addition to any
other powers bestowed by Georgia law upon Columbus, Georgia or the Land Bank
Authority of Columbus, Georgia, the Land Bank Authority may make written
request to the Muscogee County Tax Commissioner or the Muscogee County Sheriff
to initiate in rem tax foreclosures pursuant to O.C.G.A. Section 48-4-75 et
seq. A copy of the request shall be forwarded to the Clerk of Council as
notification of such action to the Columbus Council.
(b) Conflict with State Law.
Should any portion of this section conflict with state law, the applicable
state law will control.
(c) Definitions.
(1) ?Interested party? means:
(A) Those parties having an interest in the property as revealed by a
certification of title to the property conducted in accordance with the title
standards of the State Bar of Georgia;
(B) Those parties having filed a notice in accordance with O.C.G.A.
Section 48-3-9; or
(C) Any other party having an interest in the property whose identity
and address are reasonably ascertainable from the records maintained by the tax
commissioner, clerk, or other records maintained in the county courthouse.
?Interested party? shall not include the holder of the benefit or burden of any
easement or right-of-way whose interest is properly recorded, which interest
shall remain unaffected.
(2) ?Redemption amount? means the full amount of the delinquent ad valorem
taxes, accrued interest at the specified in O.C.G.A. Section 48-2-40, penalties
as determined in accordance with O.C.G.A. Section 48-2-44, and costs incurred
by the county in collecting such taxes as allocated in its discretion,
including without limitation the cost of title examination, attorney?s fees,
and publication of notice.
(3) ?Tax Commissioner? means the collective office of the Muscogee County Tax
Commissioner.
(4) ?Court? means the Superior Court of Muscogee County, Georgia.
(5) ?Clerk? means the Clerk of the Superior Court of Muscogee County, Georgia.
?Sheriff? means the Muscogee County Sheriff.
The petition.
(1) After an ad valorem tax lien based upon an approved digest has been
delinquent for 12 months, the Land Bank Authority of Columbus, Georgia may
select one or more properties for in rem foreclosure under this Code section.
The Land Bank Authority may then make written request to the Muscogee County
Tax Commissioner or the Muscogee County Sheriff to initiate in rem tax
foreclosures pursuant to O.C.G.A. Section 48-4-75 et seq. The Muscogee County
Tax Commissioner or the Muscogee County Sheriff may commence tax foreclosure in
accordance with this section and O.C.G.A. Section 48-4-75 et seq.
(2) The Muscogee County Tax Commissioner or the Muscogee County Sheriff may
commence tax foreclosure by filing a petition in the Muscogee County Superior
Court. Said petition must include:
(A) The Muscogee County Tax Commissioner or the Muscogee County Sheriff
as the petitioner;
(B) The property address;
(C) A legal description of the property;
(D) The tax identification number of the property;
(E) The calendar year(s) for which the taxes are delinquent;
(F) The principal amount of the delinquent taxes together with interest and
penalties; and
(G) The names and addresses of parties to whom copies of the petition are to be
sent in accordance with paragraph (c)(1).
(3) The petitioners shall mail copies of the petition by certified mail or
statutory overnight delivery return receipt requested, to all interested
parties whose identity and address are reasonably ascertainable. Copies of the
petition shall also be mailed by first-class mail to the property address to
the attention of the occupants, if any, and shall be posted on the property.
(4) Simultaneously with the filing of the petition, the petitioner shall file a
lis pendens notice at the office of the Clerk of the Muscogee County Superior
Court.
(5) Within thirty days of the filing of the petition, a notice shall be
published on two separate dates in the official organ of the County in which
the property is located. Said notice shall specify:
(A) The Muscogee County Tax Commissioner or Muscogee County Sheriff as
petitioner and as the entity responsible for collecting the delinquent taxes;
(B) The property address;
(C) A description of the property;
(D) The tax identification number and/or property and parcel number of the
property;
The applicable period of tax delinquency;
(F) The principal amount of the delinquent taxes together with interest and
penalties;
(G) The date and place of the filing of the petition.
(e) The judicial hearing.
(1) The petitioner shall request a judicial hearing not earlier than thirty
(30) days after the filing of the petition. At such hearing any interested
party has the right to be heard and to contest the delinquency of the taxes or
the adequacy of the proceedings. If the court determines that the information
set forth in the petition is accurate, the court may render its judgment and
issue an order finding and ordering as follows:
(A) The taxes are delinquent;
(B) Proper notice has been given to all interested parties;
(C) The property as described in the petition shall be sold in accordance with
O.C.G.A. Section 48-4-75 et seq;
(D) The Order of the Superior Court shall provide that the property shall be
sold free and clear of all liens, claims and encumbrances other than:
(i) Rights of redemption provided under federal law;
(ii) Tax liens in favor of Georgia governmental entities other than petitioners
which are superior to the ad valorem taxes identified in the petition by virtue
of O.C.G.A. Section 48-2-56;
(iii) Easements and rights-of-way held by parties described in O.C.G.A. Section
48-4-77(1)(c); and
(iv) The holders of the benefits or burdens of any real covenants filed of
record as of the date of filing of the petition.
(v) The sale shall become final and binding sixty (60) days after the date
thereof in accordance with O.C.G.A. Section 48-4-81.
(2) If, upon production of evidence, the court determines that any interested
party died within the six-month (6) period of time immediately preceding the
filing of the petition, the court may postpone the hearing for a period of up
to six (6) months, to allow the administrator or executor adequate time to
close the estate.
(f) The sale.
(1) At any time prior to sale, any interested party may redeem the property by
payment of the redemption amount to the petitioners, whereupon the petitioners
shall dismiss the proceedings.
(2) Following the hearing and order of the court in accordance with O.C.G.A.
Section 48-4-79, a sale of the property shall be advertised and conducted on
the date, time, place and manner which are required by law of sheriff?s sales.
Such sale shall not occur earlier than 45 days following the date of the order.
(3) Except as otherwise authorized by law, the minimum bid price shall be the
redemption amount. In the absence of a higher bid, the petitioners may
continue the sale to a specific advertised time on the same sale date or may
resubmit advertisement to sell the following month. The Columbus Council may
direct the Land Bank Authority of Columbus, Georgia or the City Manager to bid
in an amount equal to the minimum bid price and thereby become the purchaser on
behalf of Muscogee County.
(4) From and after the moment of the sale and tender of the successful bid
price, the sale shall be final and binding, subject only to the right of the
owner of the property to redeem the property upon payment into the court of the
full amount of the minimum bid price. Such right of redemption of the owner
shall exist for a period of sixty (60) days from and after the date of the sale
and shall be in accordance with the following provisions:
(A) Redemption by an owner shall result in a dismissal of the proceedings, and
the petitioner shall refund to the purchaser the full amount paid by the
purchaser at the sale;
(B) For purpose of redemption, ?owner? shall mean the owner of record of fee
simple interest in the property as of the date of filing of the petition,
together with such owner?s successors in interest by death or operation of
law. This right of redemption shall not otherwise be transferable; and
(C) This right of redemption shall automatically terminate and expire upon
failure to redeem within the 60-day period after the sale.
(5) If the property is not redeemed, then within ninety days (90) days after
the sale, the Muscogee County Tax Commissioner or the Muscogee County Sheriff
shall cause to be executed and delivered to the purchaser a tax deed, together
with a real estate transfer tax form.
(6) Within ninety (90) days after the sale, the petitioners shall file a report
of the sale with the Superior Court, stating whether a sale took place, the
sale price, and the identity of the purchase.
(7) If the sale price exceeds the minimum bid amount, the petitioners shall
deposit the surplus into the registry of the Superior Court. Such surplus shall
be distributed by the Superior Court to the interested parties, including the
owner, as their interests appear and in the priority in which their interests
exist.
(g) Funds may be allocated in the discretion of the Columbus Council to the
Land Bank Authority budget to defray expenses of the Land Bank Authority in
carrying out the purposes of this Chapter. When the Land Bank Authority
acquires property through in rem foreclosure, the Land Bank Authority shall pay
costs of in rem foreclosure actions filed by petitioner, including attorney?s
fees, title examinations, surveys or any other costs related to such legal
proceedings. The Land Bank Authority may receive grants and donations of funds
or property as permitted by law.?
SECTION 2.
All ordinances and parts of ordinances in conflict with this ordinance
are hereby repealed.
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Introduced at a regular meeting of the Council of Columbus, Georgia held on the
24th day of January, 2012, introduced a second time at a regular meeting of
said Council held on the ______ day of __________, 2012, and adopted at said
meeting by the affirmative vote of ________ members of said Council.
Councilor Allen voting____________.
Councilor Baker voting____________.
Councilor Barnes voting___________.
Councilor Davis voting____________.
Councilor Henderson voting________.
Councilor Huff voting_____________.
Councilor McDaniel voting_________.
Councilor Pugh voting_____________.
Councilor Thomas voting___________.
Councilor Woodson voting__________.
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TINY B. WASHINGTON TERESA PIKE TOMLINSON
CLERK MAYOR
Attachments
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