Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2013
 

Revenue and Taxation Code

Property Taxation

Part 5. Collection of Taxes

CHAPTER 3.3. Collection of Taxes


Chapter 3.3. Collection of Taxes

2851. Purpose of chapter. It is hereby declared to be the purpose of this chapter to provide an alternative procedure for the collection of property taxes on the secured roll after the second installment of such taxes is delinquent. It is further declared to be the object of this alternative procedure to eliminate the preparation of a delinquent roll by the county tax collector in those counties in which the tax collector has prepared an abstract list of the unpaid items from all delinquent rolls of the county.

History.—Added by Stats. 1949, p. 463, in effect October 1, 1949. Stats. 1957, p. 768, in effect September 11, 1957, substituted "installment" for "half." Stats. 1976, Ch. 142, p. 225, in effect January 1, 1977, substituted "tax collector" for "redemption officer" after "the" in the second sentence.

2852. Adoption of alternative procedure. The procedure authorized by this chapter may be placed in effect in any county by resolution of the board of supervisors adopted on or before August 1st preceding the lien date of the taxes to which the provisions of this chapter are to apply or, at any time, by resolution of the board of supervisors, specifying the effective date, adopted pursuant to the request of the county assessor, county auditor, and county tax collector; provided, that prior to the adoption of such resolution an abstract list of all unpaid items on the delinquent rolls has been prepared and certified by the county auditor, is in use and will continue to be used by the tax collector.

After adoption of the procedure authorized by this chapter, the tax collector must insert in the abstract list or prepare an abstract list of unpaid items from the secured roll each year in the manner provided in Chapter 4, Part 7, Division 1 of the Revenue and Taxation Code.

History.—Added by Stats. 1949, p. 463, in effect October 1, 1949. Stats. 1955, p. 934, in effect May 12, 1955, added "or, at any time, by resolution of the board of supervisors, specifying the effective date, adopted pursuant to the request of the county assessor, county auditor, and county tax collector" after "apply" in the first sentence of the first paragraph. Stats. 1976, Ch. 142, p. 225, in effect January 1, 1977, substituted "tax collector" for "redemption officer" after "the" in the first sentences of the first and second paragraphs.

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2853. Entries. When this alternative method of collection of taxes on the secured roll is adopted all entries formerly required by law to be made on the delinquent roll shall thereafter be made on the secured roll except that after the date of the declaration of default for delinquent taxes the entries shall be made on the abstract list.

History.—Added by Stats. 1949, p. 464, in effect October 1, 1949. Stats. 1985, Ch. 316, effective January 1, 1986, substituted "declaration of default . . . taxes the" for "sale to the state such" after "date of the".

2854. Attendance at auditor's office. [Repealed by Stats. 1976, Ch. 142, p. 225, in effect January 1, 1977.]

2855. Computation of delinquent penalties and costs. Annually, on or before June 1st, the auditor shall

(a) Compute and enter the delinquent penalties and costs on the secured roll.

(b) Charge the tax collector with the penalties and costs.

(c) Deliver the secured roll duly certified to the tax collector.

History.—Added by Stats. 1949, p. 464, in effect October 1, 1949. Stats. 1976, Ch. 142, p. 225, in effect January 1, 1977, substituted "Annually, on or before June 1st" for "Within three days after the delivery of the secured roll to the auditor" in the first sentence.

2856. Attendance at auditor's office. Annually, on or before August 10th, the tax collector shall make a collections report on the secured roll and, if one is prepared, the delinquent roll, and make it or them available to the auditor for purposes of audit.

History.—Added by Stats. 1949, p. 464, in effect October 1, 1949. Stats. 1976, Ch. 142, p. 226, in effect January 1, 1977, revised the section.

2857. Tax collector's oath. The auditor shall then administer an oath to the tax collector, to be written and subscribed on the secured roll, that all property on the secured roll on which taxes have been paid has been credited with the payment on the secured roll.

History.—Added by Stats. 1949, p. 464, in effect October 1, 1949.

2858. Amount unpaid. The auditor shall foot the amount unpaid on the secured roll, credit the tax collector with the amount, and have a final settlement with him.

History.—Added by Stats. 1949, p. 464, in effect October 1, 1949.

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2859. Transfer of roll. If the roll is transferred from one collector to another, the auditor shall credit the one and charge the other with the amount outstanding.

History.—Added by Stats. 1949, p. 464, in effect October 1, 1949.

2860. Refusal or neglect of tax collector. If the tax collector refuses or neglects for five days to make payments or settlements as required in this division, he is liable for the full amount of taxes charged against him.

History.—Added by Stats. 1949, p. 464, in effect October 1, 1949.

2861. Suit against tax collector. The district attorney shall bring suit against the tax collector and his sureties for this amount. The controller or the board of supervisors may require the district attorney to bring this suit if he neglects his duty. After the suit is commenced, no credit shall be made to the tax collector for taxes outstanding.

History.—Added by Stats. 1949, p. 464, in effect October 1, 1949.

2862. Prima facie evidence. The roll, showing unpaid taxes against any property, is prima facie evidence of the assessment, the property assessed, the delinquency, the amount of taxes due and unpaid, and that there has been compliance with all forms of law relating to assessment and levy of the taxes.

History.—Added by Stats. 1949, p. 464, in effect October 1, 1949.

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