The following procedure applies when a purchase amount received is in excess of the taxes, interest, penalties and administrative fee:
A. The county shall notify those with a recorded interest in the property of the excess funds. Notification shall be made by first class and/or certified mail. For purposes of this section, those with a recorded interest in the property are those previously identified as having a recorded interest in the property and previously notified of the tax sale by the clerk/auditor. The recipients shall have ninety (90) days from the date the notice is mailed to submit a written claim for a specified amount of the excess proceeds and a brief legal justification for the claim.
B. If only one claim is submitted within the specified time limit, the county shall pay the amount of the claim or all of the excess funds, whichever is less, to the claimant.
C. If multiple claims are submitted within the specified time limit and the total amount claimed by all claimants is less than or equal to the total amount of the excess funds, then the county shall pay the excess funds to the claimants.
D. If no claims are submitted within the specified time limit or if the claims submitted are less than the total excess funds, then the county shall deposit the remaining excess funds with the state of Utah as unclaimed property in the name of the previous recorded owner of record.
E. If multiple claims are submitted within the specified time limit and the total amount claimed by all claimants is greater than the excess proceeds, then the county shall notify each claimant of the other claims and include the name, contact information, amount of claim, and brief description of the legal justification for each claimant. The claimants shall be invited to resolve how the excess funds should be divided amongst themselves. A time limit of ninety (90) days shall be placed on these negotiations. If a resolution is reached and the county is notified of the resolution by all of the claimants in writing, then the county shall pay the excess funds to the claimants according to the resolution.
F. If there are inadequate funds and the multiple claimants are unable to reach an agreement as to the distribution of the excess funds, then the county shall file an action with the 5th district court of Utah which will allow the claimants to plead their case to the court. The excess funds shall be distributed as ordered by the court. Alternatively, the county may make an independent determination of how the excess funds should be distributed if the county determines that it is clear which claimants have priority in their claims.
G. The county shall determine appropriate fees to cover its costs in distributing excess funds and this fee, as established by the Washington County commission, shall be deducted from the funds prior to their being paid out.
H. The county may set a minimum amount before the above provisions apply. If the excess funds are less than the minimum amount, then the county may notify only the previous owner of record of the property and pay the funds to that owner if a claim for the funds is made. If no claim is made, the funds shall be deposited with the state of Utah as unclaimed property in the name of the previous owner of record. (Ord. 2012-1020-O, 6-19-2012)