Burbank Municipal Code Div. 2 Property Acquired by Special Assessment Proceedings

It is hereby declared to be in the best interest of the City and the policy of the City that special assessment property deeded to the City for delinquent assessment or liens revert to private ownership unless required for public use. Division 1 of this article shall not apply to reconveyance under this division. [Formerly numbered Section 9-208; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

As used in this division, unless the context otherwise clearly indicates:

FORMER OWNER: The person, or the legal representative of the person, who, at the time the special assessment property was deeded to the City, was:

A. The person owning the fee, or any portion of, or undivided interest in, the fee; or

B. The person in whom legal title appeared by deeds duly recorded in the office of the County Recorder of Los Angeles County.

LAWFUL SUCCESSOR IN INTEREST: As it relates to such former owner, shall mean:

A. The grantee or purchaser from such former owner under a deed or written agreement;

B. The beneficiaries or devisees of such former owner, if they are deceased, or the executor or administrator of their estate, if it is in probate;

C. The grantee of any person claiming through such grantee named in any of the following:

1. A tax deed from the state.

2. A deed of any public official, or any person appointed or designated by the court therefor, executed pursuant to legal proceedings authorizing the sale of such property; or

3. A deed of the City Treasurer or other public official, board or body, executed pursuant to special assessment laws.

RECONVEYANCE: The transfer of special assessment property back to a former owner or their lawful successor in interest by quitclaim deed as provided herein.

SPECIAL ASSESSMENT PROPERTY: Any property that is or shall be deeded to the City for delinquent assessments or liens pursuant to statutes of the state or ordinances of the City which provide for the assessment of costs for acquisition, construction or maintenance of public improvements upon property benefitted thereby, the sale of such property for delinquent assessments or liens, and the execution of deeds thereto if not redeemed. [Formerly numbered Section 9-209; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

Application for reconveyance of special assessment property may be made by the former owner or their lawful successor in interest to the City Manager, setting forth the applicant’s claim thereto. [Formerly numbered Section 9-210; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

Any person who appears by the records of the County Recorder of Los Angeles County as purporting to have acquired an interest in such property by or through a deed or other instrument of title as specified in Section 2-2-208 of this article shall be presumed to qualify as a “former owner” or “lawful successor in interest”. [Formerly numbered Section 9-211; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

If upon the filing of an application for reconveyance, the City Manager makes an investigation and finds that the applicant is a former owner or lawful successor in interest, that the property is not suitable for public use, and that the property is suitable to go back to private ownership, the Mayor may execute a reconveyance of the City’s interest in the property to the applicant by quitclaim deed. [Formerly numbered Section 9-212; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

Before a reconveyance may be made as herein provided, the applicant shall pay to the City Treasurer:

A. Assessments: The amount of the assessment, plus penalties and interest to date of reconveyance, as determined by the City Treasurer; and

B. Investigating Fee: An investigating fee as provided for in the Burbank Fee Resolution, as amended from time to time, for investigating the application and expenses of reconveyance by the City. [Formerly numbered Section 9-213; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

Property required for public use shall be so determined by resolution of the Council and shall be referred to the City Attorney for appropriate legal or other proceedings, in order to vest the title to such property in the City’s name. For such purpose, the City Attorney is authorized to incur necessary costs, expenses and fees. These shall be alternative proceedings to the authority granted the City Manager pursuant to Section 7-3-436 of this code. [Formerly numbered Section 9-214; amended by Ord. No. 3282, eff. 3/2/92; 3058.]