Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2018

Hazardous Substances Tax Law


Article 4. Seizure and Sale

Section 43432

43432. Notice of sale. Notice of the sale, and the time and place thereof, shall be given to the delinquent taxpayer and to all persons who have an interest of record in the property at least 20 days before the date set for the sale in the following manner: The notice shall be personally served or enclosed in an envelope addressed to the taxpayer or other person at his or her last known residence or place of business in this state as it appears upon the records of the board, if any, and depositing it in the United States registered mail, postage prepaid. The notice shall be published pursuant to Section 6063 of the Government Code in a newspaper of general circulation published in the city in which the property or a part thereof is situated if any part thereof is situated in a city or, if not, in a newspaper of general circulation published in the county in which the property or a part thereof is located. Notice shall also be posted in both of the following manners:

(a) One public place in the city in which the interest in property is to be sold if it is to be sold in a city, or, if not to be sold in a city, one public place in the county in which the interest to the property is to be sold.

(b) One conspicuous place on the property.

The notice shall contain a description of the property to be sold, a statement of the amount due, including taxes, interest, penalties, and costs, the name of the taxpayer, and the further statement that unless the amount due is paid on or before the time fixed in the notice for the sale, the property, or so much thereof as may be necessary, will be sold in accordance with law and the notice.

History.—Stats. 1990, Ch. 1528, in effect January 1, 1991, deleted "Written" before "Notice", "intended" before "sale, and", substituted "who" for "appearing of record to", added "of record" after "interest", substituted "20" for "10" and "in the following manner: The" for "by enclosing the", added "shall be personally served or enclosed" after ": The notice", and "or other person" after "addressed to the taxpayer" in the first sentence; deleted "also" after "The notice shall", substituted "6063" for "6062", added "in a newspaper of general circulation published" after "Government Code", substituted "city" for "county" and "or a part thereof is situated . . . or a part thereof is located" for "seized is to be sold" in the second sentence; deleted the former third sentence which provided, "If there is no newspaper of general circulation in the county, the notice shall be posted in three public places in the county for the 10-day period." and added the third sentence, including subdivisions (a) and (b); created a new paragraph with the former last sentence and added "due, including" after "amount" and "interest," before "penalties", and substituted "amount due is" for "taxes, penalties, and costs are".