By Rev Ashiya Odeye

For years Sacramento County has been engaged in a policy that the JRC belives is illegal and unconstitutional. The County has been seizing property under the California property Tax codes for non-property tax items, and charging userous penalty fees, with a redemption program that is worse than a credit card, or loan company and discriminates against the poor.

The County collects levies and assessments charged to property owners, like delinquent utilities, fines and fees, for the various Cities and the County. When these are forwarded to the County, they are placed on the property owner's property tax and charged as property taxes. A 10% penalty is charged by the County on these fees which have already been penalized by the various agencies they cone from. In addition a "RDM" penalty of around 80% is added by the County, and all of this is charged as delinquent "Property" taxes.

Redemption Program?

The redemption payment program only allows a minmum of 20% of the amount owed be paid in a year, but charges an 18% penalty fee yearly. The 20% is mandated in the tax code, but the 18% penalty is 8% over the maximum penalty charged by the State. All these penalty fees go to the County coffers. Now they say this is a five year pay off plan, but you do the math.This has been going on for years. People have been losing their homes to forclosures by the County under the propery tax code this way.

When we asked County Agency Administrator, Mark Norris, and County Finance Director, Dave Irish, to give us the laws, codes, points and authorities which gave the County the right to add non-propety tax items to property taxes and charge as property taxes, the codes in the reply, which took them three weeks, failed to show this, which prompted a letter from Rev. Odeye part of which read;

"...None of the codes you listed in the table for the levies listed, authorized the County to charge them as “property tax” or place them on the “property tax” secured roles. They authorized “liens”, but liens are not property taxes.

Now California Revenue and Taxation Code 4653 is in the section which refers specifically to property taxes and property tax assessments and payments . It authorizes the collection of property taxes and assessments to property taxes. It does not authorize the placing of non-tax items on the secured property tax roles.

“4653. As used in this chapter, "taxes" includes all taxes,
assessments, installments of assessments charged on the current
secured roll, and payments in lieu of taxes on property belonging to the United States.”

In addition the very next section forbids the County from collection of City taxes period:

4653.2. The county auditor may receive and distribute payments in lieu of taxes, other than city taxes, on property which belongs to the United States and is exempt from taxation. Unless otherwise prescribed by the agency making such payments, the amounts received shall be distributed as prescribed in this chapter."

FORECLOSURES DON'T FOLLOW THE LAW

In addition to this unquestionable practice, the County then fails to follow foreclosure law by selling people's property without due process of law. In other words they should have to go through the legal proceedures of any other foreclosure and they don't. All they do is contact the individual only to tell them they are going to be foreclosed upon, how much they want, and when the sale will be. There is no acknowledgement of your rights as is required by law. You are never given the opportunity to take the matter to court as is your right because they never tell you and they act as if they are the final deciders.

All of the public officials, and legal people not associated with the Finance Department are astounded. So are we. It was the intention of the founding fathers that this should not be a debtor nation as Europe was, and that the government should not be allowed to come and take your property for anything less than treason.

The rights to life, liberty, peace, happiness, and property, are key components to the Constitution of this Nation. The Revolutionary war was fought primarily over the same practices that the County of Sacramento is doing illegally and unconstitutionally to its citizens. The Kings auditor would place the non property tax assessments made by local officials on people’s property and then seize the property, and auction it off to the wealthy land holders and developers, in order to fill their coffers. Like the County of Sacramento, absorbadent penalties and fees were charged the citizens  in a redemption plan which amounted to usury, and many people loss their homes and businesses because of it.

Here we are in 2008 in a country that fought against such tyranny, and lack of accountability of government, having to deal with the same thing again. Today, as then, we can not let this continue. The Justice Reform Coalition will not let this continue without public attention and debate.  There will be change.

So the JRC will be looking into this matter, and working with lawyers and legislators to stop this practice, even if it means a law suit.