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Board approves liens and penalties for privately owned properties cleaned by city
Summary
The board approved placing cleanup costs and penalties on privately owned properties’ tax bills and will request reimbursement from the state for state-owned properties where permitted by law; staff explained state law bars local penalties against state-owned parcels.
The Olive Branch board on Oct. 21 approved staff’s recommendation to assess cleanup costs and standard penalties against privately owned properties that the city cleaned, and to forward the list to the tax collector for collection.
Mr. Dot explained the distinction between the privately owned list, for which penalties may be assessed, and properties owned by the state, where state law prohibits local penalties. "The first list is the privately owned list of properties where a penalty can be assessed and the second list is the list of properties that are owned by the state of Mississippi where we can submit to the state our actual cost but state law prohibits the imposition of a penalty against the state," Mr. Dot said.
He described common examples such as detention ponds and unbuildable lots that had changed hands through tax sales and sometimes reverted to state ownership; the city has historically forwarded costs to the tax collector for collection on privately owned parcels. Mr. Collins moved to approve the lists and authorize collection; Mr. Wallace seconded and the motion carried.
Board members clarified that state-owned properties may be submitted to the state for reimbursement, but acknowledged the state funding vehicle is often not funded and the city may not recover costs in many cases.
