Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

Additional Government Code Provisions

Provisions Relating to Historical Property Contracts

Historical Property Contracts

Article 12. Historical Property Contracts*

Section 50282

50282. Automatic renewal or notice of nonrenewal. (a) Each contract shall provide that on the anniversary date of the contract or such other annual date as is specified in the contract, a year shall be added automatically to the initial term of the contract unless notice of nonrenewal is given as provided in this section. Each contract shall also provide that after five years, and every five years thereafter, the city, county, or city and county shall inspect the interior and exterior of the premises to determine the owner's continued compliance with the contract. If the property owner or the legislative body desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract on the other party in advance of the annual renewal date of the contract. Unless the notice is served by the owner at least 90 days prior to the renewal date or by the legislative body at least 60 days prior to the renewal date, one year shall automatically be added to the term of the contract.

(b) Upon receipt by the owner of a notice from the legislative body of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The legislative body may, at any time prior to the renewal date, withdraw the notice of nonrenewal.

(c) If the legislative body or the owner serves notice of intent in any year not to renew the contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be.

(d) The owner shall furnish the legislative body with any information the legislative body shall require in order to enable it to determine the eligibility of the property involved.

(e) No later than 20 days after a city or county enters into a contract with an owner pursuant to this article, the clerk of the legislative body shall record with the county recorder a copy of the contract, which shall describe the property subject thereto. From and after the time of the recordation, this contract shall impart a notice thereof to all persons as is afforded by the recording laws of this state.

History.—Added by Stats. 1972, Ch. 1442, effective January 1, 1973. Stats. 1985, Ch. 965, effective January 1, 1986, added "," after "specified in the contract" in the first sentence, and substituted "the" for "such" after "Unless in the third sentence of subdivision (a); substituted "any" for "such" after "legislative body with" and deleted "as" after "information" in subdivision (d); and deleted", together with a reference to the map showing the location of the historic zone in which the property lies" after "property subject thereto" in the first sentence, and substituted "the" for "such" after "the time of," substituted "this" for "such" after "recordation" and substituted "a" for "such" after "shall impart" in the second sentence of subdivision (e). Stats. 2011, Ch. 278 (AB 654), in effect January 1, 2012, added the second sentence commencing with "Each contract shall also" to subdivision (a).

* Article 12 was added by Stats. 1972, p. 3159, in effect March 7, 1973.