Vermont H 773: An act relating to how a defendant’s criminal record is considered in imposing conditions of release

Bill Text

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VT LEG #386409 v.2
H.773 1
Introduced by Representative Mihaly of Calais 2
Referred to Committee on 3
Date: 4
Subject: Taxation and finance; delinquent taxes; property taxes; tax collection; 5
tax sales; real property 6
Statement of purpose of bill as introduced: This bill proposes to authorize a 7
municipal tax sale when the outstanding taxes due are less than the statutory 8
minimum of $1,500.00 if a municipality gets a court order that the real 9
property is abandoned and the dwelling on the property is unfit for human 10
habitation. 11
An act relating to property tax sales for property that is abandoned or unfit 12
for human habitation 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 32 V.S.A. § 5252 is amended to read: 15
§ 5252. LEVY AND NOTICE OF SALE; SECURING PROPERTY 16
(a)(1) When the collector of taxes of a town or of a municipality within it 17
has for collection a tax assessed against real estate in the town and the taxpayer 18
owes a minimum of $1,500.00 and is delinquent for a period longer than one 19
year, the collector may extend a warrant on such land. However, no warrant 20

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shall be extended until a delinquent taxpayer is given an opportunity to enter a 1
written reasonable repayment plan pursuant to subsection (c) of this section. If 2
a collector receives notice from a mobile home park owner pursuant to 3
10 V.S.A. § 6248(b), the collector shall, within 15 days after the notice, 4
commence tax sale proceedings to hold a tax sale within 60 days after the 5
notice. If the collector fails to initiate such proceedings, the town may initiate 6
tax sale proceedings only after complying with 10 V.S.A. § 6249(f). If the tax 7
collector extends the warrant, the collector shall: 8
(1)(A) File in the office of the town clerk for record a true and 9
attested copy of the warrant and so much of the tax bill committed to the 10
collector for collection as relates to the tax against the delinquent taxpayer, a 11
sufficient description of the land so levied upon, and a statement in writing that 12
by virtue of the original tax warrant and tax bill committed to the collector for 13
collection, the collector has levied upon the described land. 14
(2)(B) Advertise forthwith such land for sale at public auction in the 15
town where it lies three weeks successively in a newspaper circulating in the 16
vicinity, the last publication to be at least 10 days before such sale. 17
(3)(C) Give the delinquent taxpayer written notice by certified mail 18
requiring a return receipt directed to the last known address of the delinquent 19
of the date and place of such sale at least 30 days prior thereto if the delinquent 20

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is a resident of the town and 30 days prior thereto if the delinquent is a 1
nonresident of the town. If the notice by certified mail is returned unclaimed: 2
(A)(i) notice shall be provided to the taxpayer by resending the 3
notice by first-class mail or by personal service pursuant to Rule 4 of the 4
Vermont Rules of Civil Procedure; and 5
(B)(ii) notice shall be provided by email, provided the tax 6
collector can acquire the email address of the delinquent taxpayer using 7
reasonable effort; and 8
(C)(iii) notice shall be affixed to the front door of the property 9
subject to tax sale, provided it has a structure. 10
(4)(D) Give to the mortgagee or lien holder of record written notice 11
of such sale at least 30 days prior thereto if a resident of the town and, if a 12
nonresident, 30 days’ notice to the mortgagee or lien holder of record or the 13
mortgagee’s or lien holder’s agent or attorney by certified mail requiring a 14
return receipt directed to the last known address of such person. If the notice 15
by certified mail is returned unclaimed, notice shall be provided by resending 16
the notice by first-class mail or by personal service pursuant to Rule 4 of the 17
Vermont Rules of Civil Procedure. 18
(5)(E) Post a notice of such sale in some public place in the town. 19
(6)(F) Enclose the following statement, with directions to a resource 20
translating the notice into the five most common non-English languages used 21

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in this State, with the notices required under subdivisions (3)(C) and (4)(D) of 1
this subsection subdivision (a)(1) and with every delinquent tax notice: 2
Warning: There are unpaid property taxes at (address of property), which you 3
may own, or have a legal interest, in or which may be contiguous to your 4
property. The property will be sold at public auction on (date set for sale) 5
unless the overdue taxes, fees, and interest in the amount of (dollar amount 6
due) is are paid. To make payment or receive further information, contact 7
(name of tax collector) immediately at (office address), (mailing address)