Chapter 13.12 GENERAL PROVISIONS

C. Is acting as an agent and has qualified by filing with the City Clerk/Treasurer, prior to the time set for the auction, a proper power of attorney or a letter of authorization creating such agency. The agent shall represent only one principal, who shall meet the qualifications required above. (Ord. 78-N-1, 1978; Ord. 97-06, 1997; Ord. 05-11 § 3, 2005)

13.12.030 Regulations regarding trespass.

A. No person shall make any utilization of City land or any appurtenances or hereditaments appertaining thereto unless and until such persons have a properly signed contract of sale, deed, lease or such other written instrument as the City may use to convey any right in land.

B. Any such unauthorized utilization constitutes a trespass and the person guilty thereof shall be liable for any loss or damages caused to the City property by such trespass.

C. The placing of any improvements of any type upon City land by a person who otherwise has no legal claim to such land is a trespass and gives no rights whatsoever to the person so doing. Upon discovery of such improvements the Mayor may give notice that such improvements are a trespass on City property by posting a notice on one of the improvements in a conspicuous manner. Such notice shall describe the land on which such improvements are located. It shall further state that unless such improvements are removed within 60 days from the date of posting of the notice on the property, such improvements shall become the property of the City and all right of removal is forever forfeited.

D. The party so trespassing shall be liable to the City for any costs incurred by the latter in the posting or publication of notices required by this chapter and for any other costs necessarily incurred by the City in connection with the trespass. Such costs are to be paid to the City prior to any removal of such property.

E. A single extension of the time allowed for such removal may be granted by the Mayor on written application setting forth good and sufficient reason showing the need for such extension.

F. Such improvements located on a parcel of City land which is sold or leased at auction shall be removed within 30 days of the date of the auction or such right of removal is forever forfeited. (Ord. 78-N-1, 1978; Ord. 97-06, 1997)

13.12.040 Temporary permit.

Upon application, temporary permits to cross City lands may be issued by the City Council for a period not to exceed six months. Such permits shall not be renewable and shall be approved, provided the proposed land use will not be injurious to City property, will not be contrary to the public interest and will not involve the construction or improvement of roads or trails. (Ord. 78-N-1, 1978)

13.12.050 Permits, easements and rights-of-way.

The City Council may, by resolution, authorize the Mayor to execute or grant permits, easements or rights-of-way under any reasonable terms for roads, ditches, pipelines, telephone and electrical utilities, log storage, oil well drilling sites, and production facilities for the purpose of recovering minerals from adjacent land under valid lease, and for other similar uses or improvements; provided, that such action, as determined by the Council, is not contrary to the public interest. The Council may hold a public hearing and may seek advice from the Planning Commission on any such resolution. All such permits, rights-of-way and easements shall be for public use and benefit. The Council may authorize a permit for a term and may repeal or void a permit which has fallen into disuse when it is in the public interest to do so. (Ord. 78-N-1, 1978; Ord. 97-06, 1997)

13.12.060 Rights-of-way reserved to City.

The City may and does expressly reserve for itself, its successors, assignees or permittees, a right-of-way 50 feet on each side of all section lines running through or bordering City-owned lands. Further, all trails or roads recognized by the City as in existence at the time the land is sold, may considered an easement with a width to stipulated at the time of conveyance. Nothing contained in this section shall prevent the City Council from specifically reserving such additional easements and rights-of-way across City lands as they shall deem reasonable and necessary prior to the sale thereof. (Ord. 78-N-1, 1978; Ord. 97-06, 1997)

13.12.070 Assignment of land.

Any contract vendee may assign the lands or portions thereof upon which he has a contract; provided, that before any vendee shall be permitted to assign any of such lands or portions thereof, except for the purpose of loan security, he shall make application to the Council for permission and the Council may issue such permission in writing if they find it is in the best interest of the City. Applications for assignment shall be made in writing to the City Clerk/Treasurer on the form “assignment of contract” or an image copy thereof. The assignee shall be subject to and governed by the contract provisions and regulations applicable thereto. (Ord. 78-N-1, 1978; Ord. 97-06, 1997)

13.12.080 Subleasing.

No lessee may sublease lands or any part thereof leased to him without written permission to sublet by the Mayor and the City Council. Subleases shall be in writing and subject to the terms and conditions of the original lease. (Ord. 78-N-1, 1978)

13.12.090 Modification of contract.

A purchase contract may not be modified orally or in any manner other than by an agreement in writing signed by all parties to the contract or their respective successors in interest. (Ord. 78-N-1, 1978)

13.12.100 Cancellation or forfeiture of contract.

A. A purchase contract in good standing may be canceled in whole or in part, at any time, upon mutual written agreement by the vendee and the Mayor, approved by the City Council.

B. A purchase contract is subject to cancellation in whole or in part if improperly issued through error with respect to material facts.

C. If the vendee defaults in the performance or observance of any of the contract terms, covenants and stipulations thereof, and such default shall continue 30 days after service of written notice thereof by the Mayor, the Mayor shall subject the vendee to appropriate legal action, including, but not limited to, cancellation of the contract. No improvements may be removed during the time in which the contract is in default. (Ord. 78-N-1, 1978; Ord. 97-06, 1997)

13.12.110 Notice of default.

Notice of default will be in writing as provided in HMC 13.12.130. A copy of the notice will be forwarded to all lien-holders or others who have properly recorded their interest in the purchase contract with the City. (Ord. 78-N-1, 1978)

13.12.120 Rights of mortgage or lien-holder.

In the event of cancellation or forfeiture of a contract for lease or sale for cause, the holder of a properly recorded mortgage, conditional assignment, or collateral assignment will have the option to acquire the lease or sales contract for the unexpired term thereof, subject to the same terms and conditions as in the original instrument except for agricultural sales or leases. (Ord. 78-N-1, 1978; Ord. 97-06, 1997)

13.12.130 Notice of demands to be in writing.

Any notice of demand which, under the terms of a contract or under any statute, must be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, addressed to the other party at the address shown on the contract. However, either party may designate in writing an alternate address to which notice may thereafter be so given, made or mailed. A notice given hereunder shall be deemed received when deposited in a U.S. general or branch post office, enclosed in a registered or certified mail prepaid wrapper or envelope addressed as hereinabove provided. For the purposes of these regulations a notice given, as provided in this section, and addressed to the City, shall be deemed received when deposited in a general or branch post office by the addressor and in like manner a notice from the City to a vendee shall be deemed received by the vendee when such notice arrives at the general or branch post office from which final delivery to the said vendee would normally be accomplished. (Ord. 78-N-1, 1978; Ord. 97-06, 1997)

13.12.140 Entry or reentry by City.

In the event that the purchase contract should be terminated as provided in this chapter, or by summary proceedings or otherwise, or in the event that the demised lands, or any part thereof, should be abandoned by the purchaser during the said term, the City or its agents, servants or representatives may immediately or any time thereafter enter or reenter and resume possession of said lands or such part thereof, and remove all persons and property therefrom either by summary proceedings or by a suitable action or proceeding at law or equity without being liable for any damages therefor. No entry or reentry by the City shall be deemed an acceptance of a surrender of the contract. (Ord. 78-N-1, 1978)

13.12.150 Resale.

In the event that a purchase contract should be terminated as provided in this chapter, or by summary proceedings, or otherwise, the City may offer said lands for sale or other appropriate disposal pursuant to the provisions of this chapter or other applicable regulations. (Ord. 78-N-1, 1978)

13.12.160 Forfeiture of payments.

In the event that the purchase contract should be terminated because of any breach by the vendee, as provided in this chapter, the payments made by the vendee shall be forfeited to and retained by the vendor as partial liquidated damages for the breach. (Ord. 78-N-1, 1978)

13.12.170 Written waiver.

The receipt of payment by the vendor, with knowledge of any breach of the purchase contract by the vendee or of any default on the part of the vendee in observance or performance of any of the conditions or covenant of the contract, shall not be deemed to be a waiver of any provision of the contract. No failure on the part of the vendor to enforce any covenant right thereunder by the vendor, unless in writing, shall discharge or invalidate such covenants or provisions or affect the right of the vendor to enforce the same in the event of any subsequent breach or default. The receipt after the termination, in any manner, of the contract, or after the giving to the vendor of any notice thereunder to effect such termination, shall not reinstate, continue or extend the resultant contract, or destroy, or in any manner impair the efficacy of any such notice or termination as may have been given thereunder by the vendor to the vendee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the vendor. (Ord. 78-N-1, 1978)

13.12.180 Removal or revision of improvements.

A. Improvements owned by a vendee or lessee on City lands shall, within 60 calendar days after the termination or cancellation of the contract, be removed by him; provided, such removal will not cause injury or damage to the land; and further provided, that the City may extend the time for removing such improvements in cases where hardship is proven. The retiring vendee or lessee may, with the consent of the Council, dispose of his improvements to the succeeding purchaser, lessee or permittee.

B. If any improvements and/or chattels having an appraised value in excess of $10,000 as determined by the Mayor, are not removed within the time allowed, such improvements and/or chattels shall, upon due notice to the vendee or lessee under the terminated or canceled contract, be sold at public sale under the direction of the Mayor. The proceeds of the sale shall inure to the former vendee or lessee who placed such improvements and/or chattels on the lands, or his successor in interest, after paying to the City all monies due and owing and expenses incurred in making such sale. In case there are no other bidders at any such sale, the Mayor is authorized to bid in the name of the City on such improvements and/or chattels. The bid money shall be taken from the fund to which said lands belong and said fund shall receive all monies or other value subsequently derived from the sale or leasing of such improvements and/or chattels. The City shall acquire all the rights, both legal and equitable, that any other purchaser could acquire by reason of the purchase.

C. If any improvements and/or chattels having an appraised value of $10,000 or less, as determined by the Mayor, are not removed within the time allowed, such improvements and/or chattels shall revert and absolute title shall vest in the City. Upon request, the vendee or lessee shall convey said improvements and/or chattels by appropriate instrument to the City. (Ord. 78-N-1, 1978)

13.12.190 Rental for improvements not removed.

Any improvements and/or chattels belonging to the vendee or lessee or placed on the land during the vendee’s or lessee’s tenure with or without his permission and remaining upon the premises after the cancellation of the contract shall entitle the vendor to charge a reasonable rent therefor. (Ord. 78-N-1, 1978)

13.12.200 Sanitation.

The vendee or lessee shall comply with all regulations or ordinances which a proper public authority in its discretion shall promulgate for the promotion of sanitation. The premises under purchase contract or lease shall be kept in a clean and sanitary condition and every effort shall be made to prevent the pollution of waters. (Ord. 78-N-1, 1978)

13.12.210 Fire protection.

The vendee or lessee shall take all reasonable precautions to prevent, and take all reasonable actions to suppress, destructive and uncontrolled grass, brush and forest fires on the land under contract and comply with all laws, regulations and rules promulgated and enforced by the protection agency responsible for forest protection within the area wherein the demised premises are located. (Ord. 78-N-1, 1978)

13.12.220 Conditional contract.

The City may conditionally sell or lease land it selects under the various state land grants and lands it reasonably believes it will own or will acquire title to prior to the actual receipt of title. Contracts issued on the conditional basis shall be canceled in whole or in part in the event the City is denied title to said lands. Payment made by the vendee or lessee on the land to which title is denied the City shall be refunded in whole or part to the contract holder of record and any properly recorded lien-holder, if any, jointly. However, the City shall in no way be liable for any damage that may be done to the land by the vendee or lessee or liable for any claim of any third party or any claim that may arise from ownership. In the event the City does receive title to the land under contract, the conditional contract shall then have the same standing, force and effect as nonconditional contracts issued under the regulations of this chapter. (Ord. 78-N-1, 1978)