City Adjusts Tax Sale Procedures
By Amanda McKay, Constitution-Tribune
Tuesday, October 27, 2009

Businesses and individuals who successfully bid on property sold because of delinquent tax bills finally have leverage in protecting the investments they make to the property, thanks to action taken Monday night by the Chillicothe City Council.

Up until now, individuals who forfeited their property because they failed to pay taxes could get their property back up to a year after the sale as long as they paid their tax bills. However, those who purchased the property may have invested their own time and money to make improvements to the property or to bring the property into compliance with city codes. If the property reverted back to the original owner, the new owner who made the improvements would likely be out the costs associated with the improvements.

However, council members on Monday night unanimously approved an ordinance relating to the redemption of tax sale procedures which would make the original owner liable for compensating the buyer for the money and costs for labor spent with bringing the property into city code compliance.
City Attorney Adam Warren introduced the ordinance Monday night stating that its passage would protect the health and safety of the citizens because the properties would be brought into code compliance. Additionally, the measure would create an incentive for people to buy property that is not up to code. Under state statutes, owners of property that is sold because of unpaid taxes, have up to a year after the sale to reclaim their property.

Also on Monday, the council directed the city attorney to explore ways to expedite the process of removing nuisance trash. Tom Hermes, priest of St. Columban Catholic Church and principal of Bishop Hogan School, addressed the council regarding the city's nuisance ordinance and urged the city to pass legislation prohibiting household trash and garbage to set at the curbside for weeks. He states that an apartment complex near the school routinely has trash sitting out for over a month, posing a danger to nearby residents and those attending the school and church. Under the current city ordinance relating to "junk," the alleged offender has up to a minimum of 30 days to clean up a site once a hearing is scheduled before the matter advances to court. Also speaking was Ray Jackson, who lives in the area and said that he and another person have been picking up trash from this particular site for the last 5-8 years. He said he had made several complaints through the years, but nothing has been done. After a lengthy discussion, the council directed Warren to investigate ways to expedite the process of removing trash.

Also Monday night, the city officials decided to seek bids to make repairs to a portion of the Chillicothe-Brunswick shortline railroad bed which was washed out by flooding this past summer. About 60 feet of rail bed was washed out under the track during heavy rain on August 17, 2009, when the area received 10" of rain during a 24-hour period. Preliminary estimates project the cost to be between $30,000 and $65,000.

In other railroad matters, the city is exploring the idea of building a half-mile railroad spur and switch connection on the railroad right-of-way on the city-owned shortline railroad south of US Highway 36. Council members decided to seek cost estimates for the project. The spur, if built, could be used for rail car storage and be a revenue source for the city.

In other business Monday night, the council approved the mayor's recommendations for several board appointments: Ed Douglas, completing an unexpired term on the Board of Public Works, was reappointed to a full term; E.L. Reed was appointed to the Airport Board, filling a vacancy created by Jim Beemer, who had reached term limits; and Brain Anderson, manager of Cloverleaf Cold Storage (a business located in the industrial park), was appointed to serve on the Railroad Board.

Also Monday, the council was introduced to city employees who were recently promoted.

In Executive Session, the council cast a split vote to hire Kevin Haney as groundskeeper for the parks and recreation department. Haney was hired to fill the capacity on a temporary basis in August after Josh Norris left the position to become assistant superintendent of the parks department. Kevin Haney is the son of Mayor Chuck Haney, who declined to be present during discussions of hiring the younger Haney. In Haney's absence, Councilman-at-Large Darrel Rinehart presided over the discussion. Councilmen Sid Cornell, Maurice Zion and Paul Howard voted in favor of the hiring; Councilman Tom Douglas voted against the hiring.