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Council sends proposed special‑assessments waiver to second reading after legal concerns

2149662 · January 6, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

A proposed ordinance to remove special assessments from certain properties was sent to a second reading after council members raised questions about whether "lis pendens" liens that attach after foreclosure affect assessable liens, prompting legal research.

The Lorain City Council on Jan. 7 sent a proposed ordinance to remove special assessments from real property to a second reading after a council member urged additional legal research into whether liens that attach after a tax‑foreclosure proceeding bind the property.

Why it matters: The legal question — whether liens arising after a foreclosure action attach to the property — affects whether the city can waive or remove assessments on parcels that have been subject to a county tax‑foreclosure action.

Details of the discussion: Council member Mister Riley told colleagues he had met earlier with the administration and a staff assistant and asked the administration's attorneys to research whether the legal principle of lis pendens prevents later assessments from attaching to property after a foreclosure is filed. Riley said he and Counsel Mister Zaleski were not fully convinced on the legal effect and requested additional research before the council acted.

Following the exchange, Council President Magnoskis (presiding) said the ordinance would be scheduled for a second reading; later in the meeting the item was advanced to a third reading following procedural motions.

Action taken: Motion to refer the matter to a second reading carried unanimously; the item was later moved to a third reading by unanimous vote. No final waiver or removal was adopted at this meeting.

Context and next steps: Council asked legal staff to research the applicability of lis pendens to special assessments and report back; the ordinance will return for additional readings before any removal of assessments is finalized.