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A. The Council shall review the final foreclosure list and
reports submitted by the Auditor to determine:
1. Whether each step in the collection process as set forth in
City Code 5.31.025 B and 5.31.035 B has been applied correctly; and
2. The Council shall act by ordinance and shall identify for
the Auditor and Treasurer which properties should be placed on the final
foreclosure list and as directed by the Department of Environmental Quality
and the Council which properties on the list should be purchased by the City
in the event no bids are received on those properties, and the source of the
funds to be used to purchase the property.
B. The final foreclosure list shall be transmitted to the
Treasurer by the Council Clerk. After list is submitted to the Treasurer,
the only payment option is to bring the account current.
C. The Treasurer shall record a Notice of Foreclosure and
Sale
for each property listed on the final foreclosure list in the County records in
which the property is located before ordering a foreclosure report and before
giving notice as required by City Code 5.30.065. The notice shall contain
the ordinance number adopting the final foreclosure list; the address and legal
description of the property, the time, date and place of the sale, the types and
amounts of assessments and that the property will be sold unless the account is
brought current and all interest, penalties, collection costs and sales costs to
date are paid. It shall also state the name of the person and address and
phone number where additional information is available.
D. The Treasurer shall determine the names and addresses of all
persons having an interest in the sale including lien holders and whether the
property is part of a bankruptcy estate. This may be done by purchasing a
report from a title company.
E. Any property which is part of a bankruptcy estate shall be
removed from the sale or the City Attorney should be requested to seek relief
from the stay from the Bankruptcy Court.
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