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FY2021-25 Amending Chapter 18.20 Of The Kodiak Island Borough Code Regarding The Process For Disposition Of Tax Foreclosed PropertyIntroduced by: Mayor At Request Of The Manager Drafted by: Borough Attorney Introduced on: 12/17/2020 Public Hearing Date: 01/07/2021 Amended/Adopted on: 01/07/2021 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2021-25 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING CHAPTER 18.20 OF THE KODIAK ISLAND BOROUGH CODE REGARDING THE PROCESS FOR DISPOSITION OF TAX FORECLOSED PROPERTY WHEREAS, the Kodiak Island Borough periodically acquires property by clerk's deed through tax foreclosure under AS 29.45.450; and WHEREAS, AS 29.45.480 sets out the disposition of the proceeds from the sale of tax foreclosed property, and provides that if the tax foreclosed property has been held for less than ten (10) years the former record owner of the property may, within six (6) months of the sale, claim any excess proceeds. Excess proceeds are amounts in excess of the unpaid taxes, the amount equal to taxes that would have been assessed after foreclosure if it had remained in private ownership, penalty, interest, and costs to the municipality of maintaining and managing the property; and WHEREAS, the Kodiak Island Borough Assembly finds that when property received by the Borough through tax foreclosure under AS 29.45.450 which has been held by the Borough for less than ten (10) years is to be disposed by sale, it is in the public interest to expedite the sale to recover the amounts due the Borough; and WHEREAS, the Kodiak Island Borough Assembly finds that a restriction that Borough property be sold only for fair market value is more likely to slow the sale and delay the recovery of amounts due the Borough in connection with property received by the Borough through tax foreclosure under AS 29.45.450 which has been held by the Borough for less than ten (10) years; and WHEREAS, the Kodiak Island Borough Assembly finds that the public interest in timely recovery of funds due the Borough is served by permitting the sale of property received by the Borough through tax foreclosure under AS 29.45.450 which has been held by the Borough for less than ten (10) years by sale with a minimum price of the sum of the amount due for unpaid taxes, the amount equal to taxes that would have been assessed after foreclosure if it had remained in private ownership, penalty, interest, and the costs to the municipality of maintaining and managing the property, which amount may be less than appraised fair market value. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underline Ordinance No. FY2021-25 Page 1 of 4 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: Classification. Sections 2, 3 and 4 of this ordinance are of a general and permanent nature and shall become a part of the Code of Ordinances of the Kodiak Island Borough. The remainder shall not be codified. Section 2: That section 18.20.040 of the Kodiak Island Borough Code of Ordinances, entitled Disposition and Sale of Tax Foreclosed properties, is amended to read as follows: 18.20.040, Disposition and Sale of Tax Foreclosed properties. The assembly, by ordinance, shall provide for the disposition or sale of tax - foreclosed land, including the retention of such property by the borough for a public purpose, in accordance with AS 29.45.460. When the assembly determines that tax -foreclosed land shall be sold, it shall be sold by sealed bids, public auction, or any other method of disposal authorized by the assembly. The proceeds from the sale of tax -foreclosed property shall be allocated as provided in AS 29.45.480. If the property condition is in violation of the borough code, the terms of sale shall include a requirement that the buyer agree to remedy the violation within a time period which is reasonable for the type of violation. Section 3: That section 18.20.100 of the Kodiak Island Borough Code of Ordinances, entitled Disposal for Fair Market Value, is amended to read as follows: 18.20.100, Disposal for Fair Market Value. A. Except as otherwise provided by this title or another provision of law, all disposal of borough land, other than land received through tax foreclosure under AS shall be for the fair market value of the interest disposed of. The borough may accept in exchange for borough land any consideration of sufficient value not prohibited by law. Unless the assembly sets a different minimum sale price in the ordinance authorizing the sale, land received by tax foreclosure under B. The borough may dispose of borough land to the United States, the State of Alaska, or any political subdivision thereof, or a nonprofit corporation or association, for less than the fair market value of the interest disposed of, upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the borough. It may do so by direct negotiation with the Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underline Ordinance No. FY2021-25 F Page 2 of 4 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 organization acquiring the land, without conforming to KIBC 18.20.120 through 18.20.155, unless otherwise directed by the assembly. C. Notwithstanding the other requirements of this section, the assembly may authorize a 10 percent rebate (not to exceed $10,000) of the purchase price for the land so long as, within 36 months of the sale date, the purchaser has constructed a residential dwelling upon the property, and has obtained all legal authorization required to occupy it. D. For properties that are sold by the borough under the above provisions which are believed to exhibit violations of adopted building safety or land property taxes does not exceed the potential assessed value of the property Section 4: That section 18.20.130 of the Kodiak Island Borough Code of Ordinances, entitled Appraisal, is amended to read as follows: 18.20.130, Appraisal. Borough land, other than land received through tax foreclosure under AS 29.45.450 held for less than ten (10) years, shall be appraised within 90 days prior to the date fixed for its disposal. The appraisal shall be performed by the assessor or a qualified appraiser and reflect the fair market value of the land and borough improvements located thereon. Land received through tax foreclosure under AS 29.45.450 which has been held by the borough for less than ten (10) years will only be appraised under this section if required the assembly. Effective Date: This ordinance shall become effective as provided in KIBC 1.10.040. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF JANUARY, 2021. KODIAK ISLAND BOROUGH Mayor Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underline Rice, Borough Clerk Ordinance No. FY2021-25 Page 3 of 4 130 131 132 133 VOTES: Ayes: Dvorak, Kavanaugh, Smith, Williams, and Arndt. Noes: Turner. Absent: Symmons. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underline Ordinance No. FY2021-25 Page 4 of 4