Agenda

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Consent-General Government # 12.

Board of Supervisors

Financial Services

Meeting Date:	06/04/2013
Brief Title: 2012 Tax Sale Excess Proceeds Report
From:	Howard Newens, Auditor-Controller/Treasurer-Tax Collector
Staff Contact:	Patricia Wright, Assistant Auditor-Controller, x8219

Subject

Authorize distribution of excess proceeds from the 2012 tax defaulted properties sale and authorize the Auditor-Controller/Treasurer-Tax Collector to act on behalf of the Board of Supervisor for future distribution of excess proceeds. (General fund revenue of $79,336 in 2013-14) (Newens)

Recommended Action

Authorize the Auditor-Controller/Treasurer-Tax Collector to distribute excess proceeds from the 2012 tax defaulted properties sale in the amount of $70,391.32 to claimants, $79,335.66 to the general fund and $208.49 in County fees for administration of excess proceeds pursuant to California Revenue and Taxation Code Sections 4671 through 4676.
Approve resolution authorizing the Auditor-Controller/Treasurer-Tax Collector to distribute excess proceeds to the parties of interest who have claimed the excess proceeds in the order of priority set forth in subdivisions (a) and (b) of Revenue and Taxation Code Section 4675 on behalf of the Board of Supervisors as allowed by Revenue and Taxation Code Section 4675.1.

Strategic Plan Goal(s)

Provide fiscally sound, dynamic and responsive services

Reason for Recommended Action/Background

Revenue and Taxation (R & T) Code Section 4674 specifies that the amount received for properties sold at Tax Defaulted Land Sale in excess of the amount necessary to redeem defaulted tax amounts and certain other costs be held in trust for one year from the time a tax deed is recorded. During this one year period, lien holders of record and the prior assessee(s) may file a claim for excess proceeds. R & T Code Section 4675 establishes the priority in which proceeds are to be distributed. Any unclaimed proceeds are to be deposited in the County general fund.

The attached spreadsheet details the amount of excess proceeds, and the transfer of funds recommended by the Tax Collector for received claims. A final status of lien holders of record will be checked prior to the transfer. All necessary statutory publications have been completed.

The transfer of excess proceeds to the claimants will be prepared no sooner than 90 days following Board approval. R & T Code Section 4675 provides this time period to allow for any action or proceeding to review this decision of the Board of Supervisors.

Revenue and Taxation Code Section 4675.1 allows the Board of Supervisors to delegate their responsibility to any county officer to perform on its behalf any act required under R & T Code Section 4675. Delegation of these duties to the Auditor-Controller / Treasurer-Tax Collector will allow more timely distribution of excess proceeds to claimants.

Other Agency Involvement

County Counsel

Fiscal Impact

Fiscal Impact (Expenditure)
Fiscal impact (see budgetary detail below)
Total cost of recommended action:		$ 0
Amount budgeted for expenditure:		$
Additional expenditure authority needed:		$
On-going commitment (annual cost):	$

Source of Funds for this Expenditure

Explanation (Expenditure and/or Revenue)

Further explanation as needed:

The general fund will recognize revenue of $79,332 in FY 13/14.

Attachments
Att. A. Excess Proceeds Summary
Att. B. Delegation of Authority Resolution

Form Review

Inbox	Reviewed By	Date
County Counsel	Hope Welton	05/28/2013 09:47 AM
Form Started By: pwright		Started On: 04/23/2013 11:52 AM
Final Approval Date: 05/28/2013