Chapter 3.08
REDUCED REDEMPTION PERIOD
Sections:
3.08.015 Hearing – Required notice.
3.08.016 Hearing – Procedures.
3.08.010 Procedures adopted.
Repealed by Ord. 320. (Ord. 100, 1995)
3.08.011 Title.
This chapter shall be known as the “Crook County Reduced Redemption Period Ordinance.” (Ord. 320 § 2, 2020)
3.08.012 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context requires otherwise:
(1) “Abandonment” means property that is not occupied by the former owner or any interested party for a period of six consecutive months, and the property has suffered a substantial depreciation in value or will suffer a substantial depreciation in value if not occupied.
(2) “Court” means the of county commissioners as the governing body of Crook County, Oregon.
(3) “County” means Crook County, Oregon.
(4) “Department” means the Crook County departments of assessment and taxation.
(5) “Foreclosed property” means real property that Crook County has obtained judgment for delinquent taxes pursuant to ORS 312.090.
(6) “Former owner” means the person or entity who appears in the records of Crook County and who, by a general judgment issued by a circuit court pursuant to the foreclosure process foreclosing delinquent taxes under ORS 312.100, sold property to Crook County for the amount of the delinquent taxes and interest stated in the general judgment. “Former owner” includes any person or entity rightfully in possession of the property, and any person or entity acting under the permission or control of such former owner.
(7) “Interested party” means any person or entity that appears in the records of Crook County to have a lien or other interest in the property for a period of six consecutive months.
(8) “Owner” means Crook County for all properties listed in a general judgment that has been issued by the Crook County circuit court in a proceeding to foreclose delinquent taxes under ORS Chapter 312.
(9) “Parties” when used in the context of the public hearing provided for in this chapter means Crook County and any person or entity entitled to notice of that public hearing.
(10) “Property” means any real property including improvements that are affixed, incidental or appurtenant to land, including but not limited to any premises, room, house, building or structure or any separate part or portion thereof, except mobile homes not owned by the former owner, which is listed in a general judgment executed by the Crook County circuit court in a proceeding to foreclose delinquent taxes under ORS Chapter 312.
(11) “Records of the county” has that meaning given in ORS 312.125(7).
(12) “Redemption period” means the two-year period described in ORS 312.120.
(13) “Tax collector” means the person or officer who by law is charged with the duty of collecting taxes assessed upon real property in Crook County, Oregon, including the Crook County assessor and treasurer, or his or her designee.
(14) “Waste” means the destruction, material alteration or deterioration of land or improvements thereon, resulting in or threatening to result in substantial loss of value to the property, whether caused directly by the former owner or permitted to be done by others through failure of the former owner to supervise such property. (Ord. 320 § 2, 2020)
3.08.013 Authority.
Pursuant to ORS 312.122, the county may by ordinance provide the means to reduce the redemption period to accelerate the conveyance of the deed under ORS 312.200 from the county tax collector to the county any real property sold to the county under ORS 312.100 after the expiration of the 30-day period provided in ORS 312.122(2)(c) if:
(1) The property is subjected to waste which results in a forfeiture to the county of the former owner’s right to possession of the property during the redemption period under ORS 312.180;
(2) The property is not occupied by the former owner or any interested party for a period of six consecutive months, due to either the death of any owner or interested party or the inability, despite diligent efforts, to locate such person, and the property has suffered a substantial depreciation or will suffer a substantial depreciation in value if not occupied. (Ord. 320 § 2, 2020)
3.08.014 Hearing – Required.
(1) If property is believed to be subjected to waste or abandonment, the county shall set a hearing to determine whether the property should be deeded to the county on an accelerated schedule.
(2) The former owner and any interested party shall be given an opportunity to be heard at the hearing. (Ord. 320 § 2, 2020)
3.08.015 Hearing – Required notice.
(1) Not less than 30 days prior to the hearing the county shall notify the former owner and any interested party. The notice shall contain:
(a) The date, time, and place of the hearing;
(b) The date of the judgment entered pursuant to ORS 312.090;
(c) The normal date of expiration of the redemption period under ORS 312.120;
(d) Warning that if the county determines that the property is subjected to waste or abandonment, the property will be deeded to the county immediately after the expiration of 30 days from the date of such determination and all rights and interests are forfeited forever, unless it is sooner redeemed by the former owner or any interested party;
(e) A legal description of the property and a tax account number; and
(f) The name of the former owner as it appears on the latest tax roll.
(2) The required notice shall be given by both certified mail and by regular first-class mail. The county may, but is not required to, provide any additional notice as it deems appropriate, including posting notice at the subject property.
(3) If the required notice is to be given to the former owner, the notice shall be addressed to the former owner or owners, as reflected in the county records of deeds, at the true and correct address of the former owner as appearing on the instrument of conveyance under ORS 93.260 or as furnished under ORS 311.555 or as otherwise ascertained by the tax collector pursuant to ORS 311.560.
(4) If the person or entity to whom the notice is required to be given is a lienholder, or person or entity other than the former owner, having or appearing to have a lien or other interest in the property, the notice shall be addressed to the lienholder, person or entity at the address that the county knows or after reasonable inquiry has reason to believe to be the address at which the lienholder, person or entity will most likely receive actual notice.
(5) If the lienholder is a corporation or a limited partnership, the county shall be considered to have made reasonable inquiry if the notice is mailed to the registered agent or last registered office of the corporation or limited partnership, if any, as shown by the records on file in the office of the Corporation Division of the Secretary of State’s office, or if the corporation or limited partnership is not authorized to transact business in this state, to the principal office or place of business of the corporation or limited partnership. (Ord. 320 § 2, 2020)
3.08.016 Hearing – Procedures.
The hearing shall be conducted in a manner calculated to permit a full opportunity for interested parties to receive, present, and challenge all relevant evidence, but shall not be required to follow formal statutory rules of evidence or civil procedure.
(1) Receipt of Testimony and Other Evidence.
(a) After the court opens the public hearing, a representative of the department shall present oral and/or written testimony and any other evidence demonstrating why the department believes that the property is subjected to waste or abandonment and should be deeded to the county.
(b) Following testimony by the department, the court shall allow any person or entity entitled to notice to present oral and/or written testimony or any other evidence regarding whether the property is subjected to waste or abandonment.
(c) All parties shall be allowed the opportunity to respond to any testimony presented in opposition with the department having the final opportunity to respond.
(2) Deliberation.
(a) The court shall close the hearing after hearing from all parties and shall deliberate to come to a decision.
(b) The court shall memorialize the decision in a written order. (Ord. 320 § 2, 2020)
3.08.017 Decision.
(1) If the court determines, after the hearing provided for by this chapter, that either waste has been committed on the property resulting in a forfeiture of the former owner’s right to possession of the property during the redemption period, or that the property is subjected to abandonment, the court shall adopt a written order so finding.
(2) The written order shall also include the following:
(a) Provide that any rights of possession the former owner or interested party may have in the property are forfeited;
(b) Direct the property be deeded to the county by the tax collector after expiration of the 30-day period from the date of the court’s decision unless it is sooner redeemed by the former owner or any interested party.
(3) Pursuant to ORS 312.122(2)(c), all rights of redemption with respect to the property described in the deed shall terminate on the execution of the deed to the county.
(4) If the court determines, after the hearing provided for by this chapter, that neither waste nor abandonment has occurred on or regarding the property during the redemption period, the court shall adopt a written order so finding.
(5) A copy of the written order shall be recorded in the deed records of Crook County.
(6) A copy of the written order shall be mailed by first-class mail to the former owner and any interested party requesting a copy of the written order. (Ord. 320 § 2, 2020)
3.08.018 Appeal of decision.
Review of the court’s decision shall be by writ of review, pursuant to ORS 34.010. (Ord. 320 § 2, 2020)