Kern County Municipal Code Ch. 2.90 Sale of Real Property Seized and Forfeited

This Chapter is enacted pursuant to Government Code Section 25538.5 which permits the Board of Supervisors to designate a county officer or department head to sell any real property seized and forfeited pursuant to Chapter 8 (commencing with Section 11470) of Division 10 of the Health and Safety Code or Chapter 9 (commencing with Section 186) of Part 1 of Title 7 of the Penal Code.

(Ord. G-5933 § 2 (part), 1993)

The Kern County sheriff is authorized to sell real property located within the unincorporated area of Kern County which has been seized by the Kern County sheriff's department and forfeited pursuant to Chapter 8 (commencing with Section 11470) of Division 10 of the Health and Safety Code or Chapter 9 (commencing with Section 186) of Part 1 of Title 7 of the Penal Code. The Kern County Sheriff shall only sell seized and forfeited real property upon request of the Kern County district attorney.

(Ord. G-5933 § 2 (part), 1993)

The Kern County district attorney is authorized to sell real property located within the unincorporated area of Kern County which has been seized by the Kern County district attorney's bureau of investigation, and forfeited pursuant to Chapter 8 (commencing with Section 11470) of Division 10 of the Health and Safety Code or Chapter 9 (commencing with Section 186) of Part 1 of Title 7 of the Penal Code.

(Ord. G-5933 § 2 (part), 1993)

Prior to selling seized and forfeited real property, the authorized county officer (i.e. either the Kern County sheriff or the Kern County district attorney) shall publish a notice of intention to sell the real property. The notice shall be published in accordance with Government Code Section 6063.

(Ord. G-5933 § 2 (part), 1993)

The notice shall: (a) describe the property to be sold in a manner sufficient to identify the property; (b) specify the minimum price and the terms upon which the property will be sold; (c) announce the date on which the property will be sold, not less than seven days after the completion of the publication; (d) fix the place at which sealed proposals to purchase the property will be received; and (e) fix the time and place where the proposals will be opened and declared and oral bids will be received.

(Ord. G-5933 § 2 (part), 1993)

The authorized county officer shall establish the minimum bid amount after consultation with the district attorney (if the authorized county officer is the Kern County sheriff) and the property management division of the general services department.

(Ord. G-5933 § 2 (part), 1993)

Only bids providing for all cash payment shall be accepted.

(Ord. G-5933 § 2 (part), 1993)

All bids shall be accompanied by a bid deposit in the form of cash, cashier's check or certified check.

(Ord. G-5933 § 2 (part), 1993)

All seized and forfeited real property shall be sold "as-is."

(Ord. G-5933 § 2 (part), 1993)

The authorized county officer may pay escrow fees and may provide a CTLA title insurance policy.

(Ord. G-5933 § 2 (part), 1993)

The property management division of the general services department may assist in the marketing and sale of the seized and forfeited real property.

(Ord. G-5933 § 2 (part), 1993)

A reasonable commission, not to exceed three percent (3%) of the sale price, may be paid to a licensed real estate broker instrumental in obtaining a proposal. The payment of commissions shall be governed by Government Code Section 25527 et seq. except: (a) where those sections refer to "board," the term "board" shall mean the "authorized county officer"; and (b) where those sections refer to the word "resolution," the term "resolution" shall mean "notice."

(Ord. G-5933 § 2 (part), 1993)

The bid opening shall take place at a public meeting presided over by the authorized county officer or his designee.

At the bid opening, the authorized county officer or his designee may accept the highest bid, written or oral except that an oral bid shall not be accepted unless it is made by a responsible person and exceeds the highest written proposal made by a responsible person by at least five percent (5%).

(Ord. G-5933 § 2 (part), 1993)

No bid shall be finally accepted until approved by the authorized county officer.

(Ord. G-5933 § 2 (part), 1993)

If the authorized county officer deems the action to be for the best public interest, he or she may reject any and all bids, either written or oral and withdraw the property from sale.

(Ord. G-5933 § 2 (part), 1993)

If no written or oral proposal is made which is equal to greater than the minimum price fixed by the authorized county officer, he or she may negotiate a sale with any person for not less than the minimum price for a period of one year after the date of the completion of the publication of the notice pursuant to Section 2.90.030 of this chapter.

(Ord. G-5933 § 2 (part), 1993)