TO: Board of Supervisors
FROM: Robert Minahen, Treasurer-Tax Collector
REPORT BY: Robert Minahen, Treasurer-Tax Collector
SUBJECT: Delegation of Authority to distribution excess proceeds from past delinquent tax sales
RECOMMENDATION
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Treasurer-Tax Collector requests the adoption of a Resolution adopting the "Napa County Policy Regarding the Submission of Claims for Excess Proceeds," delegating authority to the Treasurer-Tax Collector to distribute excess proceeds resulting from tax-defaulted property sales in accordance with Chapter 1.3 of the California Revenue and Taxation Code section covering sections 4671 through 4676.
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EXECUTIVE SUMMARY
The Napa County Treasurer-Tax Collector must occasionally sell tax-defaulted property in order to satisfy outstanding taxes and assessments. When a property is sold by the Treasurer-Tax Collector at tax sale there may be excess proceeds, as defined by California Revenue and Taxation Code (R&T Code). In accordance with R&T Code, excess proceeds must be returned to parties of interest. The Treasurer-Tax Collector is requesting the adoption of a policy formally defining the requirements for future claims on excess proceed resulting from tax-defaulted property tax sales which includes the delegation of the Board's authority to approve excess tax sale proceed distributions in accordance with R&T Code.
FISCAL & STRATEGIC PLAN IMPACT
Is there a Fiscal Impact?
Yes
Is it currently budgeted?
No
Where is it budgeted?
The funds held as excess proceeds of delinquent tax sales are held in an agency fund and not subject to Board approved appropriation.
Is it Mandatory or Discretionary?
Discretionary
Discretionary Justification:
While the distribution of excess is not discretionary, the Board's delegation of authority is discretionary. The delegation will enable the Treasurer-Tax Collector, working with County Counsel and the Auditor-Controller, to efficiently distribute funds held in excess.
Is the general fund affected?...
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