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Chapter 12 Article 01 Delinquent Assessments

Article 12-1 DELINQUENT ASSESSMENTS


12-101 Delinquent Assessment or Installment--Penalty.

That upon the failure by the owner, or personal representative of the owner, to pay any assessment upon property described in the assessment rolls of the City of Rock Springs when the same shall have become due, or when the assessment upon such property is payable in installments upon the failure to pay any such installment thereof when the same shall have become due, such assessment or installment thereof shall bear a penalty in the amount of five percent of such assessment or installment thereof, such penalty shall be in addition to the interest which such assessment or installment thereof bears. Such interest and penalty shall be included in and shall be a part of the assessment lien. (Ord. No. 252, 4-5-26; Amend. Ord. 401, Sec. 1, 3-24-31; Rev. Ord. 1938; Rev. Ord. 1963).

12-102 Delinquent Payment of Installment Renders Entire Assessment Due.

When the assessment upon property described in the assessment rolls levied for local improvement and sidewalk purposes is payable in installments, upon the failure to pay any installment when due, the entire assessment shall become due and payable and the collection thereof shall be enforced in the manner hereinafter prescribed. (Ord. No. 252, 4-5-26; Amend. Ord. 401, Sec. 2, 3-24-31; Rev. Ord. 1938; Rev. Ord. 1963).

12-103 City Treasurer to Act in Event of Delinquency.

That the Treasurer of the City of Rock Springs be and he is hereby ordered to take all proper and necessary steps prescribed by law for the sale of property described in the assessment rolls against which any assessment for local improvements and sidewalks, and/or any installment thereof shall have become delinquent. (Ord. No. 252, 4-5-26; Amend. Ord. 401, Sec. 3, 3-24-31; Rev. Ord. 1938; Rev. Ord. 1963).

12-104 Publication of Sale Notice--Contents.

That the Treasurer of the City of Rock Springs is hereby authorized to give notice of such sales by publishing a notice thereof once a week for three consecutive weeks in the official newspaper of the City of Rock Springs. Such notice shall contain a list of all property upon which such assessments are delinquent with the amount of the assessments, interest, penalties and costs to date of sale, including cost of advertising such sale, together with the names of the owners of such property or the words "unknown owners" as the same may appear upon said assessment roll, and shall specify the time and place of sale and that the property therein described will be sold to satisfy the assessments, interest, penalties and costs due upon the same. (Ord. No. 252, 4-5-26; Amend. Ord. 401, Sec. 4, 3-24-31; Rev. Ord. 1938; Rev. Ord. 1963).

12-105 Time and Place of Sale.

That all such sales be made between the hours of ten o'clock A.M. and four o'clock P.M. and the same shall take place at the front door of the City Hall, being the building in which the City Council holds its sessions. (Ord. No. 252, 4-5-26; Amend. Ord. 401, Sec. 5, 3-24-31, Rev. Ord. 1938; Rev. Ord. 1963).

12-106Public Sale--Parcels Sold Separately.

That such sales be continued from day to day, omitting Sundays and legal holidays, until all the property described in said assessment roll on which any such assessment or installment thereof, is delinquent and unpaid, is sold. All such sales shall be public and each lot, tract or parcel of land or other property shall be sold separately and in the order in which the same appears upon the assessment roll, commencing at the beginning thereof. (Ord. No. 252, 4-5-26; Amend. Ord., 401, Sec. 6, 3-24-31; Rev. Ord. 1938; Rev. Ord. 1963).

12-107Sufficiency of Bids and Offers-Sale to City.

That all lots, tracts and parcels of land and other property sold for delinquent and unpaid assessments or any installment thereof, shall be sold to the first person at such sale offering to pay the amount due on each such lot, tract or parcel of land or other property. If there be no bidder for any lot, tract or parcel of land or other property for a sum sufficient to pay the delinquent or unpaid assessment thereon, or any installment thereof, with interest, penalty and cost, the Treasurer shall strike the same off to the City for the whole amount which he is required to collect by such sale. If any bidder to whom any property is stricken off at such sale does not pay the assessment, interest, penalty and cost before ten o'clock A.M. of the day following the day of such sale, such property must then be resold or if the assessment sale is closed, be deemed to have been sold to the City and a certificate of sale shall be issued to the City therefor. (Ord. No. 252, 4-5-26; Amend. Ord. 401, Sec. 7, 3-24-31; Rev. Ord. 1938; Rev. Ord. 1963).

12-108 City Treasurer to Make Accounting to City Council Within 15 Days After Sale.

Within fifteen (15) days after the completion of the sale of all property described in such assessment rolls and authorized to be sold as aforesaid, the Treasurer shall make return to the City Council of the City of Rock Springs, making a statement of his action in connection with the sales herein authorized, showing all the property sold by him, to whom sold and the sums paid therefor. (Ord. No. 251, 4-5-26; Amend. Ord. 401, Sec. 8, 3-24-31; Rev. Ord. 1938; Rev. Ord. 1963).

12-109Contents of Certificate-Two Year Redemption Period-Recording.

After receiving the amount of the assessment, penalty, interest, costs and charges, the Treasurer shall make out a certificate, dated on the day of sale, stating (when known), the name of the owner as given on the assessment roll, a description of the land or other property sold, the amount paid therefor, the name of the purchaser, that it was sold for the assessment, giving the names of the streets, or other brief designation of the improvement for which the assessment was made, and specifying that the purchaser will be entitled to a deed two years from the date of sale, unless redemption thereof be made. Such certificate shall be signed by the treasurer, and shall be delivered to the purchaser, and shall be by such purchaser recorded in the county auditor's office in which the lands or other property is situated within three (3) months from the date thereof. If not recorded within said time, the lien thereof shall be postponed to claims of subsequent purchasers and incumbrancers for value and in good faith who become such while the same is unrecorded. The City Clerk shall be the custodian of all certificates for property sold to the City and shall at any time within two (2) years from the date of such certificate and before redemption of the property therein described, sell and transfer any such certificate to any person who will present to him the treasurer's receipt evidencing payment to the treasurer of the amount for which the property therein described was stricken off to the City, with interest subsequently accrued to date of such payment thereon, and the city clerk may, if so authorized by the Council, sell and transfer any such certificate in like manner after the expiration of such period of two (2) years from the date of the certificate. (Ord. No. 252, Sec. 9 and 10, 4-5-26; Amend. Ord. 401, Sec. 9, 3-24-31; Rev. Ord. 1938; Rev. Ord. 1963).

12-110Contents of Notice to Purchaser.

Each certificate issued by the Treasurer under the provisions of this Ordinance, and Chapter 129 of the 1920 Wyoming Compiled Statutes, shall carry a notice to the purchaser in the following form:

"The purchaser under this certificate, and/or the holder thereof, is hereby notified that by Section 1992 of the 1920 Wyoming Compiled Statutes, this certificate must be recorded by the purchaser in the office of the County Clerk and Ex-Officio Register of Deeds in and for Sweetwater County, within three (3) months from the date hereof. If not recorded within said time, the lien thereof shall be postponed to claims of subsequent purchasers and incumbrancers for value, and in good faith, who becomes such while the same is unrecorded." (Ord. No. 401, Sec. 10, 3-24-31; Rev. Ord. 1938; Rev. Ord. 1963).

12-111 Manner of Redemption--Deed to Purchase Where There Is No Redemption.

Any property so sold for an assessment shall be subject to redemption by the former owner, or his grantee, mortgagee, heir or other representative, at any time within two (2) years from the date of the sale of such property upon the payment to the Treasurer for the purchaser of the amount for which the same was sold, with interest at the rate of twelve percent (12%) per annum, together with all taxes and special assessments, interest, penalties, costs, and other charges thereon paid by the purchaser of such property, at or since such sale with like interest thereon. The Treasurer shall give to such redemptioner a certificate of redemption and pay over the amount received for such certificate of redemption to the purchaser of the certificate of sale, or his assigns. If no redemption be made within a period of two (2) years from the date of sale, the Treasurer shall, on demand of the purchaser, or his assigns, and the surrender to him of the certificate of sale, execute to such purchaser, or his assigns, a deed for the property therein described; such deed shall issue as provided by law and after due notice as provided by law. (Ord. No. 252, Sec. 10, 4-5-26; Amend. Ord. 401, Sec. 11,3-24-31; Rev. Ord. 1938; Rev. Ord. 1963).

12-112 Procedure to Follow State Law.

In all matters property sold by virtue of this Ordinance, the issuance of certificate of purchase therefor, the redemption thereof, or the issuance of tax deed therefor, shall be governed by the provisions of Chapter 29, Article 20, Wyoming Compiled Statutes, 1945, and any and all acts amendatory thereof; and in any conflict between this Ordinance and said Chapter 29, Article 20, Wyoming Compiled Statutes, 1945, the said Chapter shall prevail. (Ord. No. 252, Sec. 11, 4-5-26; Amend. Ord. 401, Sec. 12, 3-24-31; Rev. Ord. 1938; Rev. Ord. 1963).



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