Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

Revenue and Taxation Code

Property Taxation

Part 9. Corrections, Cancellations, and Refunds

Chapter 4. Cancellations

Article 1. Generally

Section 4986.3

4986.3. Cancellation after assessment bond foreclosure. All or any portion of any uncollected tax, penalty, or costs, heretofore or hereafter levied, and not heretofore validly canceled, may, on satisfactory proof, be canceled by the auditor on order of the board of supervisors with the written consent of the district attorney if it was levied or charged on property subject to assessment or special taxes for the payment of bonds issued under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code) or the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Division 2 of Part 1 of Title 5 of the Government Code) where that property was acquired after the lien date by a city on foreclosure proceedings under the Improvement Bond Act of 1915 or the Mello-Roos Community Facilities Act of 1982. If a city is entitled to bring foreclosure proceedings under the Improvement Bond Act of 1915 or the Mello-Roos Community Facilities Act of 1982 against any property and the city acquires the property in any other manner than by foreclosure and the governing body of the city by resolution, covering any number of parcels acquired, declares that the acquisition was in lieu of acquisition under foreclosure proceedings, that acquisition is, for the purposes of this section, an acquisition by foreclosure proceedings under the Improvement Bond Act of 1915 or the Mello-Roos Community Facilities Act of 1982. This section applies regardless of whether the property acquired by the city is impressed with a public trust or is acquired for the purpose of resale. As used in this section, "city" means any city, county, city and county, special district, school district, joint powers authority, or any other municipal corporation, district, or political subdivision of the state.

History.—Stats. 1997, Ch. 946 (AB 1224) in effect January 1, 1998, added "or special taxes" after "assessment" and substituted "that" for "such" after "where" in the first sentence, substituted "the" for "such" after "declares that" and substituted "that" for "such" after "proceedings", in the second sentence and added "or the Mello-Roos Community Facilities Act of 1982 (Ch. 2.5 (commencing with Sec. 53311), Div. 2, Pt. 1, Title 5, Gov. C.)" after "1915" throughout the text. Stats. 1999, Ch. 550 (SB 275) , in effect September 28, 1999, extended abbreviated code section references in the first sentence, deleted "(Ch. 2.5 (commencing with Sec. 53311), Div. 2, Pt. 1, Title 5, Gov. C.)" after "1982" in the first sentence and in both places in the second sentence, and added the last sentence.

Constitutionality.—This section is valid. City of Ojai v. Chaffee, 60 Cal.App.2d 54.