2.542 Finance Officer – Sale of Property for Delinquent Liens – Procedure.
(1) For purposes of lien foreclosure, the finance officer shall determine which liens shall be included in a foreclosure sale and shall list them in tabular form from the docket of city liens. The list shall:
(a) Identify each property upon which a lien being foreclosed has been impressed:
(b) State the name, if known, of the owner of the property;
(c) State the amount of the lien due, which is the unpaid principal, plus interest to the date of the sale;
(d) State the amount(s) of any other city liens on the property which are not included in the foreclosure sale and the obligations on which they are based; and
(e) State whatever other information, including incidental foreclosure costs, as is necessary or convenient to foreclose the lien.
(2) Upon completing the list, the finance officer shall foreclose the listed liens by advertising and selling the listed property in the manner prescribed by State law for sale of property on execution, except as otherwise prescribed in this section and section 2.543, and except that the sale may be made at whatever place in the city the notice of sale designates.
(3) Each property listed for sale shall be sold separately for not less than minimum price set by the finance officer by the beginning of the sale.
(4) Subject to redemption under section 2.545, a sale under this section is a conveyance to the purchaser of all of the city’s right, title and interest in and to the property and the appurtenances thereunto belonging except other city liens not included in the foreclosure.
(5) The finance officer shall, at least 10 days before a foreclosure sale is held under this section, cause notice of the sale to be delivered to each owner of property to be sold at the sale or to be sent to the owner by certified mail addressed to the owner at the owner’s address, if known to the finance officer, or, if not so known, to the owner’s address as currently listed in the records of the county assessor. Error in the name or address of the owner does not impair the validity of the notice. The notice shall
(a) Identify the property,
(b) State the nature of the obligation for which the lien to be foreclosed has been established,
(c) State the amount of the lien, and
(d) State that, unless the obligation is paid before the time set for the sale, the city intends to sell the property and to convey to the purchaser legal and equitable title to the property unless it is redeemed under section 2.545.
(6) At a foreclosure sale, the finance officer may sell any number of properties on which the city holds delinquent liens and may foreclose more than one lien upon a single property. The finance officer need not sell all the properties listed in the advance notice of the sale.
(7) At a foreclosure sale, if identical bids are received for a single property and one of the bids is from the city, that bid has priority. If none of the bids is by the city and two or more are identical bids, the one bearing the earliest postmark has priority. If identical bids have no priority one over the other on the basis of preceding terms of this subsection, the finance officer may accord one of the bids priority on the basis of foreclosure policy enunciated by resolution of the city council.