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HomeMy WebLinkAboutOrdinance 2025 (944)ST. CRO,1yXtL I,1JNTY. Ordinance No. 944 (2025) �J-J IiVGSCQfZ,lf2 ORDINANCE REPEALING AND RECREATING CHAPTER 3 - ORDINANCE DELEGATING POWER TO ACQUIRE, MANAGE, AND SELL TAX -DEEDED LANDS - OF THE ST. CROIX COUNTY CODE OF ORDINANCES 1 The County Board of Supervisors of the County of St. Croix does ordain as follows: 2 3 Chapter 3 of the St. Croix County Code of Ordinances is repealed and recreated to read: 4 5 3.01 PURPOSE. The purpose of this ordinance is to delegate powers and duties vested in the St. 6 Croix County Board of Supervisors relating to the acquisition of tax -deeded lands to the 7 County Clerk and the management and sale of tax -deeded lands to the Administration 8 Committee. 9 10 3.02 AUTHORITY. Wis. Stat. § 75.35(2)(d) authorizes the County Board to delegate its power to 11 acquire, manage, and sell tax -deeded lands. 12 13 3.03 DEFINITIONS. 14 15 (A) `Beneficiaries" means any person nominated in a will to receive an interest in property other 16 than in a fiduciary capacity. See Wis. Stat. § 851.03. 17 18 (B) "Heir" means a person, including the surviving spouse, who is entitled under the statutes of 19 intestate succession to an interest in property of a decedent. See Wis. Stat. § 851.09. 20 21 (C) "Owner -Occupied, Single -Family Residence" means any single-family residential unit used 22 by one family which owns the property as their permanent and primary residence and, upon 23 request, is able to provide the County Treasurer with such evidence establishing the 24 satisfaction of these terms. 25 26 (D) "Tax -deeded lands" means lands which have been acquired by a county through enforcement 27 of the collection of delinquent taxes by tax deed, foreclosure of tax certificate, deed in lieu of 28 tax deed, action in rem under Wis. Stat. § 75.521 or other means. See Wis. Stat. § 75.35(1). 29 30 3.04 PROCEDURES. 31 32 (A) The County shall comply with the provisions of Wis. Stat. §§ 75.35, 75.36 and 75.69 in the 33 disposition of tax -deeded lands. 34 35 (B) Pursuant to Wis. Stat. § 75.35(2)(d), the County Board of Supervisors hereby delegates to 36 the Administration Committee the power to acquire, manage and sell tax -deeded lands 37 including the power to determine which properties to acquire. 38 39 (C) The County Board of Supervisors recognizes that there may be properties where it is 40 undesirable for the County to acquire the property through the process set forth in Wis. 41 Stats. Chap. 75 and hereby delegates to the Treasurer, in conjunction with the Corporation 42 Counsel, the authority to make such determination. The Treasurer shall provide a report Ordinance No. 944 2025 ST. CROhX TY � ) ��O SIVI/ ORDINANCE REPEALING AND RECREATING CHAPTER 3 - ORDINANCE DELEGATING POWER TO ACQUIRE, MANAGE, AND SELL TAX -DEEDED LANDS - OF THE ST. CROIX COUNTY CODE OF ORDINANCES 43 to the Administration Committee annually listing all properties the Treasurer has refused 44 to foreclose upon with a reason for such refusal. If a property is not acquired for any reason 45 authorized in this section, the Treasurer shall notify the appropriate assessor and request 46 that the value of such property be reduced. 47 48 (D) Within 30 days of the County's acquisition of a tax -deeded land, the Treasurer shall notify 49 the former owner, by registered mail or certified mail sent to the former owner's mailing 50 address on the tax bill, that the former owner may be entitled to a share of the proceeds of 51 a future sale of the tax -deeded land. 52 53 (E) Within 120 days of the County's acquisition of a tax -deeded land, the County Clerk may 54 retain licensed appraisers to determine the value of tax -deeded land and/or licensed real 55 estate brokers or salespersons to assist in selling tax -deeded land, and to pay fees or 56 commissions for such services. If the tax -deeded land has an assessed value of less than 57 $50,000 at the time of the issuance of the tax deed, the "Tax Deed Land Appraisal 58 Committee" consisting of the Corporation Counsel, County Clerk, and County Treasurer 59 shall determine the appraised value. 60 61 (F) The following provisions in this section relate to tax -deeded lands that are owner -occupied, 62 single-family residences. This section may, at the sole discretion of the Treasurer, be 63 applied to tax -deeded lands that are not owner -occupied, single-family residences. 64 65 a. Within 60 days of the County's acquisition of a tax -deeded land, the Treasurer shall 66 provide notice to the former owner, the former owner's heirs or the former owner's 67 beneficiaries, of the right to repurchase the tax -deeded land. Such notice shall be 68 mailed to the former owner's last known address on file with the Treasurer. 69 70 b. If a former owner of tax -deeded land, or such former owner's heir or beneficiary, 71 notifies the Treasurer in writing of an intent to repurchase the tax -deeded land 72 within 90 days of the date the County acquired the tax -deeded land, the Treasurer 73 shall order a title report from a title insurance company showing all liens of record 74 against the tax -deeded land in existence on the day prior to the judgment of 75 foreclosure in favor of the County, the cost of which shall be paid in advance by 76 the person notifying the Treasurer of the intent to repurchase the tax -deeded land. 77 78 c. If the former owner, or such former owner's heir or beneficiary, provides proof of 79 satisfaction of all liens of record as established in the title report within 30 days of 80 the date of the title report and provides the County with the funds due pursuant to 81 Wis. Stat. § 75.35(3), the Treasurer shall convey the tax -deeded land to the former 82 owner, or such former owner's heir or beneficiary, by quit -claim deed. 83 ST. CR0WK TY G�CQ1Z.5,Lf?� 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 Ordinance No. 944 (2025) ORDINANCE REPEALING AND RECREATING CHAPTER 3 - ORDINANCE DELEGATING POWER TO ACQUIRE, MANAGE, AND SELL TAX -DEEDED LANDS - OF THE ST. CROIX COUNTY CODE OF ORDINANCES (G) Unless a tax -deeded land is repurchased above, within 240 days of the County's acquisition of a tax -deeded land [180 days for tax -deeded lands acquired on or after January 1, 2026] the County Clerk shall publish on the County's website and either (i) publish a class 1 notice or (ii) advertise on a multiple listing service the availability of a tax -deeded land for purchase and the appraised value of the tax -deeded land. The publications shall include information regarding the method of sale to be utilized. (H) The County Clerk is authorized to sell tax -deeded lands by open or closed bid or engage a licensed real estate broker or salesperson to assist in selling any tax -deeded land. (I) The Administration Committee may accept the bid most advantageous to the County but, at the first attempt to sell a tax -deeded land, every bid less than the appraised value of the tax -deeded land shall be rejected. No tax -deeded land may be sold for an amount that is less than the tax -deeded land's appraised value unless the Administration Committee has reviewed and approved such a sale and no tax -deeded land may be sold for an amount that is less than the amount of the highest bid unless the Administration Committee prepares a written statement, available for public inspection, that explains the reasons for accepting a bid that is less than the highest bid. The Administration Committee may, as a reason for accepting a bid that is less than the highest bid, give preference to adjoining property owners. The County Clerk shall notify, by mail, the clerk of the municipality in which a tax -deeded land is located of the sale of a tax -deeded land at least three weeks prior to the time of the sale. Tax -deeded land previously advertised for sale that did not sell on the first attempt may be sold for any amount determined by the Tax Deed Land Appraisal Committee. After the first attempt, such tax -deeded land may be sold by publication of a class 1 notice, under Wis. Stat. Chap. 985, and posting on County website as an ongoing sale. (J) The Treasurer shall send to the owner any proceeds to which the former owner is entitled under Wis. Stat. § 75.36(2m)(a) by certified mail to the former owner's last known address. If the payment to the former owner is returned to the County or otherwise not claimed by the former owner within one year following the mailing of the proceeds, the payment shall be considered unclaimed funds and disposed of pursuant to Wis. Stat. § 59.66(2). Neither the former owner nor any person making a claim for any funds under this section is entitled to interest on sums owed by the County hereunder. (K) 120 121 122 123 3.05 124 125 Sections (G), (H), (I) and (J) do not apply to the withdrawal and sale of county forest lands, nor to the sale or exchange of lands to or between the County and a municipality or the state. APPROVAL OF PRIOR SALES. The sales or other disposition of tax -deeded lands done without County Board approval prior to the adoption of this ordinance are hereby approved. Ordinance No. 944 2025 ST. C R O I�X �'��TY. � ) l5CQf25bf / ORDINANCE REPEALING AND RECREATING CHAPTER 3 — ORDINANCE DELEGATING POWER TO ACQUIRE, MANAGE, AND SELL TAX -DEEDED LANDS — OF THE ST. CROIX COUNTY CODE OF ORDINANCES 126 3.06 AMENDMENTS TO CHAPTER. Any future amendments, revisions, or modifications of 127 Wisconsin statutes incorporated herein are intended to be made part of this Chapter as such 128 amendments, revisions, or modifications are made to said Statutes. 129 13o 3.07 EFFECTIVE DATE. This Chapter shall take effect and be in force from and after its proper 131 passage and publication pursuant to Wisconsin Law. 132 133 Administration Committee Recommended MOVER: Scott Counter SECONDER: Bob Long AYES: Paul Berning, Scott Counter, Bob Feidler, Bob Long, Ryan Sherley EXCUSED: None St. Croix County Board of Supervisors Action: This Ordinance was ENACTED by the St. Croix County Board of Supervisors on February 4, 2025 M. CLyyu A - Christine Hines, County Clerk