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ORDINANCE NO'
AN ORDINANCE OF THE CITY
OF NEWPORT BEACH
AMENDING SECTIONS 22, 25,
36 AND 49 OF ORDINANCE
NO. 15 OF` THE: CITY OF'
NEWPORT BEACH.
The City of Newport Beach, by
an through its City Council, does
ordain as follows:
SECTION. 1. Section 22 of Or-
dinance No. 15 of the City of New-
port Beach is hereby amended to
read as follows:
"On or before the second Mon-
day in September of each year, the
Clerk shall deliver to the Marshall
as ex- officio Tax Collector, and
the use of the words "Tax Col-
lector" hereinafter in this ordin-
ance shall mean and be construed
as meaning the Marshall of the
City of Newport Beach in such
ex- officio capacity, the assessment
book and charge the Tax Collector
with the amount of taxes due as
shown thereon, and take his re-
ceipt therefor; the Tax Collector
'shall thereupon publish a notice
once a week for two successive
weeks in a newspaper of general
pirpuladon, printed and published
iii the CiiFbf Newport Beach, The
first publication of which notice
shall be within ten (10) days after
the second MoAda"y in September,
and which notice shall specify in
substance:
(a) That the taxes on all -per-
soual property secured by real
property and one -balf (' /) of the
taxes on all real property will be
due and payable from and after
the date of the first publication
of said notice, and will be 'delin-
quent on the 5th day of December,
next thereafter, at five o'clock
11. M. of that day, and unless paid
prior,thereto, eight potent .(8 %)
of the amount of said unpaid tax
will be added to the amount there-
of as a penalty, and if said one -
half { i�) be not paid before the
20th day of April; next succeeding,
at five o'clock P. M. an additional
three percent (3 %) of the amount
theregf will be added as a further
penalty, and for the use of the
city, and the remaining one -half
of all.taxes on real property shall
be delinquent on the 20th day of
April„ at five o'clock P. Al., and
if not paid on or before said 20th
day of April, at five o'clock P. M.
there .shall be added as a penalty
and for the use of the city, an
additional three percent (3 %)
thereon provided that the entire
tax on any real property may be
paid at the time the. first install-
ment, as above provided, is due
and payable; and provided further,
that the taxes on all personal
property unsecured by real prop-
erty, shall be doe and payable im-
mediately after the, assessment of
said personal' property is made,
providing, however, that if the
5th day of December or the 20th
day of April falls on Saturday, all
taxes then unpaid shall become de-
linqucnt at twelve o'clock M. on
either date.
(b) That all taxes are payable
to the Tax Collector of the city
of Newport Beach at his office in
the City Ball of said city, and that
the office of the tax collector will
be op:n between the hours of eight
o'clock A. M. and five o'clock
P. M. of each business day for the
purpose of receiving payment
thereof, except that said office
will not be open on Saturday
afternoons.
SECTION 2. Section 25 of Or-
dinance No. 15 of the City of
Newport Beach is hereby amended
to read as follows:
.'On the 5th day of December
of each year, at five o'clock P. M.
all taxes then unpaid on personal
property, not previously paid, and
one -half (',a) of all taxes on real
property then unpaid, shall be de-
linquent, and the Tax Collector
shall then add as a penalty eight
percent (87,) of the amount of the
delinquent tax, and thereafter col-
lect the same for the use of the
city of Newport Beach, and if said
tax and penalty be not paid prior
to five o'clock of the 20th day. of
April, next succeeding, the "Tax
Collector shall add as a further
penalty, an additional three per-
cent (3 %) of the amount of the
delinquent tax, the remaining one -
half (y_) of all taxes on real
property shall be delinquent on
the 20th day of April of each year
hereafter at five o'clock P. M. and
if not paid, the Tax Collector shall
add as a penalty and for the use
of the city, an additional three
percent (3 %) thereon, provided,
that the entire tax on real prop-
erty may be paid at the time the
first installment as herein provid-
ed is due and payable; and provid-
ed, further, that the taxes on all
personal property unsecured by
real estate shall be due and pay-
able immediately after the assess-
ment of said personal property is
made, providing, however, that if
the 5th day of December or the
20th day of April, falls on Satur-
day, all taxes then unpaid shall be-
come delinquent at twelve o'clock
M. on either date.
SECTION 3. Section 36 of Or-
dinance No. 15 of the City of
Newport Beach is hereby amended
to read as follows:
"If any delinquent property be
not redeemed within the time al-
lowed by this ordinance for its re-
demption, the Tax Collector shall
make to the city a deed of such
property, reciting in such deed the
name (when known) of the person
assessed therefor, a description of
'the land sold, the date of its sale;
the amount for which it was sold,
that it was sold for delinquent
taxes, its assessed value, the year
of its assessment, thg'time when
the right of redemption had exA
pired, and that no person has re-
deemed the same within the time
required by law for its redemption.
No charge shall be made by the
Tax Collector for the making of
such deed, and the acknowledge-
ments of deeds. All such deeds
shall be recorded in the office of
the County Recorder, or if said
property shall be under Torrens
Title, then said deed shall be reg-
istered with the Registrar of Titles
of Orange County, in the manner
provided for by law, and the
costs of recording the same shall
be paid by the City. The City
Council, by ordinance, shall pro-
vide uniform blank deeds upon
which all conveyances to the City
under the provisions of this sec-
tion, shall be made."
SECTION 4. Section 49 of Or-
dinance No. 15 of the City of New-
port Beach is hereby amended to
read as follows:
"In all cases where real prop-
erty has been sold or may here-
after be sold to the City for delin-
quent taxes, and the city has not
disposed of the same, the person
whose estate has been or may
hereafter be sold, his heirs, execu-
tors, adm' dstrators or other suc-
cessors in interest shall, at any
time L.fter the same has been sold
to the City, and before the city
shall have disposed of the same,
have the right to redeem such real
estate by paying to the City
Treasurer the amount of taxes,
penalties for delinquencies and
costs due thereon at the time of
such sale, and also all taxes that
were a lien upon said real prop-
erty at the time said taxes became
delinquent; and also all unpaid
'taxes of every description, assess-
ed against the property for each
year since the sale, as shown on
the delinquent assessment rolls of
said city; or if not so assessed,
then upon the value of the prop-
erty as assessed in the year near-
est the time of such redemption,
and also all costs and expenses
of such redemption, and penalties
as follows, to -wit: One percent
0%) per month if redeemed
within five years from July tat of
the year of sale. If not redeemed
within five years from July tat
of the year of sale, one percent
(1 %) per month for a period of
five years, and at the rate of one -
half (' /) of one percent (1 %) per
month thereafter to the time of
redemption. The penalty shall be
computed from July tat of the
year of sale, upon the amount of
taxes delinquent, at the time of
sale, and upon the amount of each
year's taxes in like manner, reck-
oning the Ist day of July of the
year when the prop.rty would
have been sold for the taxes of
that year, if there had been no
previous ,ale.
On application of any person de-
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siring to redeem such real estate_,
the City Clerk shall make an c.:
timate of the amount to be ll.id
for ;uch redemption, and shall
give to such person duplicate cer-
tificates of said amount, specify-
ing the several items thereof,
which certificate shall be deliver-
ed to the City Treasurer, together
with the amount of money neces-
sary to be paid for such redemp-
tion: vlhereupon the City Treas-
urer shall give duplicate receipts
for the same, written or endorsed
upon such certificates, to the re-
demptioner, who shall deliver one
of said receipts of the City Clerk,
taking his receipt therefor. The
City Treasurer shall settle for the
moneys so received as for other
city moneys. Open the payment of
the amount of money specified in
said certificate, and the giving of
the receipts aforesaid, by the
City Treasurer and' City Clerk,
any deed or certificate of sale that
may have been made to the City,
shall become and be null and void,
and all the right, title and inter -
-st in or to such real estate, ac-
.uirsd by said city under and by
virtue of such tax sale, shall
cease and determine. The receipts
of the City Treasurer and City
Clerk may be recorded in the of-
fice of the County Recorder of
Orange County, and which record
thereof shall have the same effect
as that of a deed of reconveyance
of the interest conveyed by such
deed or certificate of sale.
In all cases where real estate
has been so'.d, or may hereafter
be sold to the city for delinquent
taxes, pursuant to the provisions
of Ordinance No. 15 of the City of
Newport Beach, and amendments
thereto, and where the person
whose estate has been or may
hereafter be sold, his heirs, exe-
cutors, adramistrators or other
successors in interest shall, con -
tea porancously or prior to the
payments hereinafter provided,
also pay the current city taxes due
on said property for the fiscal
year during which such payment
shall be made, such person, his
heirs, executors, legal representa-
tives or other successors In inter-
est, shall at any time after the
same has been sold to the city,
pursuant to the provisions of Or-
dinance No. 15 of the City of
Newro *t leach and amendments
thereto, and prior to the sale at,
auction provided for in Ordinance
No. 15 of the City of Newport
Beach, and amendments thereto,
have the right to extend tha per-
iod during which such real estate
may be redeemed and to postpone
the date of sale by auction as pro-
vided by Ordinance No. 15 of the
city of Newport Beach and
amendments thereto, and the exe-
cution of the deed to the city m
provided by Ordinance No. 15 of
the City of Newport .Beach, and
amendments thereto, for additional
periods -of one year each, by pay-
ing to the city treasurer of the
city of Newport Beach, the fa!-
i.o„zng amounts for the following
pericdo, respcctiv °ly: (1) for ex-
tcndhtg the porio:'. of redemption
for the first period of one year, by
paying to the city treasurer a sum
of r'oney equal to the amount of
tho taxes, penalties for delin-
quency and costs thereon for
which said real estate was origin-
ally sold to the city, together with
a sum equal to penalties on the
aggr °gate amount of said taxes at
the rate of on parecnt per month;
(2) for extending the period of
rcdc- ption for each additional
year thereafter, by paying to the
city treasurer a sum of money
eon, %! to the taxes, penalties for
delinquency and costs thereon for
each of the second, third, fourth
end /or fifth years of delinquency,
respectively and consecutively, to-
gcther with a sum equal to the
penalticc oh the aggregate amount
of said tax—es at the rate of one
percent per month; provided,
however, that if any of the pay-
ments, as hercinabove in sub-
divisions (1) and (2) of this sec -
ticn provided shall be made on
or after the first day of July of
any year, and the city taxes on
said property for the fiscal year
next preceding such payment have
not there tofore been paid, then
such maroon must contemporane-
ously with the payments herein-
above provided also pay the said
city for the fiscal year next pre-
ceding such payment together
with the penalties and costs due
thereon.
The City C'.erlc shall, upon re-
quest, issue his certificate in trip-
licate showing the amounts neces-
sary to be paid as heremabove
provided, one copy of said certif-
icate shall be delivered to the per-
eon making such payment and
upon payment being made a re-
ceipt shall be indorsed upon said
certificate by the city treasurer
evidencing payments as compen-
sation for the use and occupancy
of said real estate and to be ap-
plied as a credit, if when and as
redemption is made, as in this
subdivision hereinafter provided.
The city treasurer shall deposit all
payments so made to the same
fund in which moneys received
upon redemption are deposited.
The City Clerk shall-keep ac-
curate records of all payments
made hereunder in a book kept
for that purpose, said records to
show the name of the person mak-
ing said payments, the amounts
or amount paid, the certificate
number, if any, and the year or
years of delinquency together with
a description of the property.
Such payments shall not be
deemed a redemption of such real
estate nor affect the right, title
or interest in the city thereto, but
,ball ro- tponc, for the period or
periods aforesaid, the time when
said real estate shall be deeded to
or tray- be disposed of by the city,
and the moneys so paid shall be
deemed ari considered as compen-
cation for the use and occupancy
of said real estate; provided, how-
ever, that if redemption shall
thereafter be made pursuant to
the provisions of Ordinance No. 15
of the city of Newport Beach, and
ar..cudments thereto, the amounts
so paid to extend said periods of
redcmption and to postpone the
sale provided for by Ordinance No.
".5 of the city of Newport Beach
and amendments thereto, and the
execution of the deed provided for
in said Ordinance No. 15 of the
city of Newport Beach and amend-
ments ,thereto, together with in-
terest thereon at the rate of seven
per cent per annum computed
from the dates of said respective
payments to the date of redemp-
tion, shall be credited on the
amounts to be paid for such re-
demption."
SECTION 5. This ordinance is
hereby declared an urgency meas-
ure necessary for the immediate
preservation of the public peace,
health and safety, and shall there-
fore take effect immediately upon
its first publication. The facts con-
stituting such necessity are as fol-
lows: By reason of the present
economic crisis many persons are
unable to pay taxes on property.
Large revenues will be lost to the
city and a large amount of tax-
able property will be removed
from the assessment rolls unless
immediate relief is given. In or-
der. to afford this relief and to re-
lieve the already over- burdened
tax payer, it is necessary that this
ordinance take effect immediate-
ly upon it first publication.
SECTION 6. 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 published
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
operative and take full effect.
I hereby certify that the ques-
tion of the urgency of the fore-
going 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 July 10th, 1933.
AYES, Councilmen: Gordon,
Claire, Ellsworth, Garfield, Hilmer.
NOES, Councilmen: None.
ABSENT, Councilmen: None.
Attest: FRANK L. RINEHART,
City Clerk of the
City of Newport Beach.
(Seal)
I, Frank L. Rinehart, Clerk of the City of Newport Beach,
do hereby certify that the foregoing Ordinance No. 417 is a true and
correct copy of an Ordinance passed by the City Council at a regular
meeting held on the 10th day of J ly, 1933• that same was printed
and published according to law. 10� �, J
Clerk of the City of Newport Beach