HomeMy WebLinkAboutMINUTES - 08182015 - C.144RECOMMENDATION(S):
DENY petition to rescind the sale of a tax-defaulted property filed on behalf of Jacqueline Y. Mau and Tien Lung
Chen.
FISCAL IMPACT:
No negative financial impact on the County.
BACKGROUND:
The Tax Collector sold a tax-defaulted property, which is located in the Point Richmond neighborhood of the City of
Richmond and identified by Assessor's Parcel Number 558-192-007 (the "Property"), at a public auction in February
2014. The deed for the Property was recorded on March 18, 2014. The Office of the County Counsel received a
petition dated March 13, 2015 from an attorney who represents the purchasers of the Property seeking to rescind the
sale because the purchasers were not aware that the Property was zoned as permanent open space. The petition also
sought to rescind the sale of five other properties, but the purchasers are no longer seeking rescission according to the
attorney who submitted the petition on their behalf.
Revenue and Taxation Code section 3731 authorizes the Board of Supervisors with the consent of County Counsel
and the purchaser of a property sold
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/18/2015 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Brice Bins, (925) 957-2888
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: August 18, 2015
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C.144
To:Board of Supervisors
From:Russell Watts, Treasurer-Tax Collector
Date:August 18, 2015
Contra
Costa
County
Subject:DENY Petition to Rescind the Sale of a Tax-Defaulted Property
BACKGROUND: (CONT'D)
at a public tax auction to rescind the sale if it is determined that the property should not have been sold. The
purchasers' mistake concerning whether the Property could be developed does not meet the standard for rescission.
Due to the absence of facts indicating that the Property should not have been sold, County Counsel has determined
the remedy of rescission is unavailable in this matter.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to take the recommended action will hinder the Tax Collector in determining whether to distribute the excess
proceeds from the tax sale of the Property.