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HomeMy WebLinkAboutRESOLUTIONS - 04301985 - F.1 f� TO: BOARD OF SUPERVISORS Finance Committee Contra FROM: Costa DATE: April 18, 1985 County SUBJECT: CONSIDERATION OF COUNTY TAX AMNESTY PROGRAM SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION• Defer action on implementation of' a Tax Amnesty Program as a result of legal prohibitions and economic disadvantages to the County. REASONS FOR RECOMMENDATION/BACKGROUND: As a result of the March 18, 1985, Board Order referring the subject .matter to the County Administrator to coordinate preparation of a report, the Finance Committee held a meeting with involved departments on April 1, 1985. Information was provided by the offices of County Counsel, Auditor-Controller, Treasurer-Tax Collector and County Assessor. County Counsel advised that the County has authority to forgive penalties resulting from a taxpayer' s failure only in certain specified circumstances, and then only on a case-by-case basis when reasonable cause is shown; "blanket" application of this authority in an amnesty program would not be legal. The Auditor-Controller and the Treasurer-Tax Collector advise that the County currently collects more than $3 million annually in penalties on secured delinquent taxes and unsecured taxes. An amnesty program would eliminate these revenues to the County, The County Assessor' s staff advised that consideration should be given to forgiveness of escape assessments where citizens voluntarily declared improvements to their property. County Counsel pointed out that while the Legislature could enact a statute to allow a "blanket" forgiveness of penalties, it could not constitutionally forgive escape assessments. As a result of the above information, it is recommended that your Board defer action concerning development of a Tax Amnesty Program. The Administrator' s Office will continue to work with the affected departments in an attempt to develop a limited program. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN TI RD COMMITTEE APPROVE OTHER SIGNATURE(S) Supervisor Sunne McPeak Sup oder ACTION OF BOARD ON April 30, 1985 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT III, V ) 1 HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTED f /9 8S County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Treasurer-Tax Collector Assessor M3e2/7-68 BY �� DEPUTY