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HomeMy WebLinkAbout428 - Property Tax11 • • • • ORDINANCE NO. 428 1 The City of Newport Beach, by and through its City Council, does ordain as follows: SECTION 1. That it is hereby determined and declared that all property within the City of New- port Beach shall be assessed for the purpose of taxation, and all taxes thereon levied, and collected as herein provided. SECTION 2. That the fiscal year of the City of Newport Beach, as herein referred to, shall commence on the first day of July, and end on the 30th day of June of each year. SECTION 3. All property with- in the corporate limits of the City of Newport Beach, is, and shall be subject to taxation by said City, except such as by law is exempt, and all property within said City must be assessed at its full cash value. SECTION 4. The City Clerk, and Ex- officio Assessor of the City of Newport Beach, is hereby re- quired, between noon of the first Monday of March, and the first day of July, of each year, to as- certain and make out a true list of all the property within the City limits of the City of Newport Beach, subject to taxation, and must assess such property to the - persons by whom it was owned, or Claimed or in whose possession or control it is found to be at twelve o'clock, noon, on the first Monday of March, provided, however, that to mistake in the name of the owner, or supposed owner of the property assessed, shall render any assessment thereof invalid. SECTION 5. The City Council of said City shall furnish the City Clerk, and Ex- Officio Assessor, proper blanks, books and material with proper headings therefor, in which said Assessor shall list property within said City, In man- ner, and under separate headings, in conformity with the method of assessing prescribed for, and re- quired by the laws of the State of California, to be used and followed by the County Assessor, in assess- ing county properties. SECTION 6. The Assessor shall prepare and make a part of such assessment roll, an index thereto, showing the name of the tax payer, book and page where- on his assessment appears, and Post office address of such tax payer, or his agent, when known. SECTION 7. The assessor is hereby required, between noon of the first Monday of March, and the first day of July, of each year, to mail, or deliver to each person, firm or corporation so appearing as an owner of property within said City, on the assessment roll of said City, as of noon the first Monday of March preceeding, a blank statement, calling for a statement of property owned or under his or its control, in sub- stantially like manner as is re- - quired to be reported and shown upon assessment statements re- quired by or to be made to Coun- ty Assessors of the State of Cali- fornia, and supported by Affidavit of substantially the form so used upon such County Assessment Re- ports, or Statements. SECTION 8. Each owner of property appearing upon the Assessment roll of said city, shall return such statement to the ;, Assessor, on or before ten (10) days from date of delivery, or date of any or all assessments- on the, of mailing to him of the same, as i eesesss Cut troll, so as to make required by the provisions of Sec- I the same conform to the true value lion 7, hereof, and in the event I of the assessed property in money.. such statement is not so returned I Before any such assessment is in- to the City Asserror duly acknowl- creased the Board must cause no -, edged, as therein required, within tice to be given to the owner or ten (10) days, the Assessor shall owners of the property the asaess- complete and enter arbitrarily, up- ed value of which is to be in- on such statement, the properties creased, by depositing in the post of such owner so far as shown to cities of said city, postage pre - such Assessor, and the value of paid, a notice addressed to the last the respective properties so to be known address of such owner or Assessed, which' said" arbitrary owners, directing him, or them, to statement so filed shall constitute appear before the Board of Equal - the filing of such statement, in lieu ization at a designated time, not of such filing by the property lees than five days after the date - owner, as herein required. of mailing such notice, and show SECTION, 9. The Assessor cause why such increase should, shall have, and is hereby granted not be made. like and all of the powers granted At any time designated; or any to County Assessors, pursuant to subsequent time to which the mat- the laws of the State of California, ter may be then postponed, such to demand affidavits required to owner or owners, if he or they so give any information required, es- desire, must be heard, under oath, tablishing ownership, description, by the Board. character, or value of any taxable SECTION 14. No reduction., property, and to subpoena and ex- shall be made in the valuation of amine any persons in relation to any property, except for the pur- any statement so furnished to the pose of correcting an err6r, unless Assessor, and anyone refusing to the party affected' thereby, or his comply or obey the demands of agent makes and. files with the the Assessor as herein prescribed, Board a written, application there - shall, upon conviction of the vio, for, verified by his oath, showing, lation of the provisions hereof, he the facts upon which it is claimed punished as hereinafter provided: such reduction should be made. The Assessor shall compare the, Before the Board grants the ap- valuation of property ascertained plication or makes any reduction: by him with the valuations and'iapplied for, it shall first examine, date furnished by the statements upon oath, the person or agent received and filled out as herein- . making. the application, examining required, and make such changes as to the value of the property of as seem just and fair and shall en- such person. ter the result of such changes up- No reduction must be made un- on such statement as thereon pro- less such person or tho agent mak- vided. All such valuations shall ing the application, attends and. be made pursuant to provisions of answers all the questions pertinent . the Political Code of the State of to the inquiry. California in force and effect from Upon hearing of the application, time to time respecting and gov- the Board of Equalization may. erning the valuation of property subpoena such witnesses and take for purposes of taxation. such evidence in relation to the, SECTION 10. On or before the subject pending as in its discre -. first day of July of each year, the tion it may deem proper. City Assessor must complete the SECTION 15. During the ses- assessment roll. He must make sign of said Board of Equalization, and subscribe an Affidavit in said the City Assessor, or any deputy roll, substantially in conformity whose testimony is needed, must with the Affidavit so required to be present and make any state - be made by County Assessors of ment or introduce and examine the State of California. Such witnesses on questions before the assessment roll shall then be filed Board. in the office of the City Clerk and During the session of the Board, Ex- officio Assessor. it may direct the City Assessor to SECTION 11. Immediately up- assess any taxable property that on completion of the assessment has escaped assessment, or to add roll, the City Council will meet as to the amount, number or quantity a Board of Equalization to equal- of property, when a false or in- ize said assessments, by publish- complete list has been rendered, ing such notice in the newspaper and to make and enter new assess - doing the City advertising, for net ments (at the same time cancell- less than two (2) times prior to ing the previous entries,) when the date of such meeting, and in any assessment mac :e by him is the meantime, the assessment book deemed by the Board so incomplete must remain in the office of the a; to render doubtful the collection City Clerk and Ex- officio Assess- of the tax; provided that before or of the City of Newport Beach, the City Assessor is so ordered, for the inspection of all persons notice as provided in Section 13 interested. hereof, shall be given the parties SECTION 12. The City Council ' interested to show cause why such of the City of Newport Beach section has the same force and ef- shall meet at its usual place of feet as if made by the Assessor meeting convene on the second before the delivery of the assess - Monday in August, of each year ment roll to the City Clerk. at ten o'clock A. M., and sit as a The Clerk of the Board must Board of Equalization, and shall record in a book to be kept for continue in session from day to that purpose, all changes, correc- day, until all of the returns of the tions and orders made by the Assessor have been rectified. The Board, and during its sessions or City Clerk shall be the Clerk of as soon as possible after its ad- said Board of Equalization during journment, must enter upon the said meeting. assessment roll all changes and SECTION 13. The Board of corrections made by the Board, Equalization shall have power to and on or before the first Wed - increase or diminish the amount nesday of September, must de- liver the assessment roll, so con- erty are payable on or after the book; and if said settlement does rected, to the City Council and , 20th day of January next, and will r.o: cc,-respond with the treasurer s accompany the same with an Affi- be delinquent on the 20th day of receipts, the Board shall require davit thereto affixed, substantially April next, at five o'clock P. Al., an immediate payment of any ex- in compliance with the Affidavit and unless paid prior thereto, three isting deficiency. If the tax collec- in such instance required to be per cent (3%) additional will be for refuses or neglects, for a per - affixed upon assessment book by added to the amount thereof, to- iod of ten days to make the pay- the Clerk of the Board of Super- gether with 50c additional on each ments and settlements required in visors upon equalization of a parcel of property separately this ordinance, he is liable for the County Assessment roll. assessed. full amount of the taxes charged SECTION 16. The City Council (d) That all taxes are due and upon the assessment book. shall, on the first Wednesday of payable to the Tax Collector or SECTION 27. Within five (5) September of each year, fix the levy or rate percent of taxes levied his deputy at his office in the City cf Newport Beach, as designated days after the settlement prescrib- ed in the section, the for all municipal purposes for in said notice and that the Tax preceding City Clerk must deliver to the tax that fiscal year, designating the Collector will keep certain desig. collector the tw: roll upon which number of cents on each one hun- nated office hours at such office has been entered the 8% penalty dred dollars of pro ' perty assessable for the purpose of collecting the upon which delinquency exists, and for city taxation purposes, for taxes as aforesaid. charge said tax collector with the each of the various municipal Such notice must be published amount of taxes remaining unpaid, funds, not to exceed in the aggre- once a week for two consecutive together with the amount of taxes gate the lin_its fixed by law. weeks in a newspaper published upon which no delinquency exists SECTION 17. The City Clerk and circulated in said City. together with the delinquent tax and Ex- officio Assessor must then Section 21. The City Tax and list plus the aforesaid penalties. compute and enter in separate License Collector shall, m soon as The tax collector shall thereupon columns in the assessment roll the possible after receipt by him of receive and enter up to the hour respective sums in dollars and said i;.ax roll, prepare statements of five o'clock P. M., on the 20th cents, rejecting the fractions of designated "Tax Bill," for each day of April, next, all taxes paid a cent, to be paid as a tax on the person, firm or corporation against together with the aforesaid penal- property therein enumerated and whose property is assessed any ties thereon, and before the first must foot up the columns showing tax, and mail or deliver to such Monday of May next, deliver to the the total amount of such Taxes; tax payer, such statement, net less Clerk a complete delinquent list in and it shall be his duty at the than thirty (30) days prior to the alphabetical order, as to the per - same tire,, whenever any property fifth day of December of each sons assessed of all property upon • has theretofore been sold for taxes and remains unredeemed, to year, provided that the failure to ( do so, deliver or state- which there remains unpaid and owing taxes. enter upon the assessment roll im- mail such ment within said time, or at all, any SECTION 28. On or before the mediately after the description of - s, all not invalidate any tax due, 5th day of June of each year the the property the fact that said ' pad 5ble, or a lien upon any prop- City Tax Collector shall prepare property has been solid for taxes, orty within said City. a delinquent tax list which-must and the year of such sale. SECTION 22. The City Tax contain the names of persons and SECTION 18. On or before the Collector and License Collector a description of the property de- fourth Monday in September the must marl: the date of payment of linquent, and the amount of taxes, City Clerk shall deliver to the City any tax in the assessment roll penalty and costs due, opposite Marshal, as ex- officio Tax Collec- opposite the description of the each name and description, with for the assessment books, and take property on which such tax was the taxes due on personal property his receipt for the amount of paid. added to the taxes of real prop - ,taxes due thereon. SECTION 23. The City Tax erty, added to the taxes on real SECTION 19. The tax on all and. License Collector must give a estate when the real estate is personal property, secured by real receipt to the person paying any liable therefor. He must append property, and one -half (?�) of the tax or part thereof, specifying the to the delinquent list so prepared taxes on all real property, are due amount of the assessment and the a notice that unless the delinquent and payable on the 1st day of tax or part thereof, paid, and the taxes, together with the costs and h*ovember of each year, mud will amount remaining unpaid, if any, penalties thereon, are paid, the become delinquent on the 5th day with a description of the property real property on which such taxes of December, next thereafter at assessed. are a lien will, by operation of five o'clock P. BT. and the remain- Upon every such receipt and law, be sold to the City in the city ing one -half (y_) of the tax on all upon every bill or statement of tax collector's office at a day and real property is due and payable taxes, there shall be distinctly and hour designated in such notice. on and after the 20th day of legibly written, printed or stamp- Said delinquent list must be January next and will become de- ed, the words "Sold for Taxes" and posted for three consecutive weeks linquent on the 20th day of April also the year of such sale, when- is three public places in the City next thereafter, at five o'clock ever the property described there- of Newport Beach, together with • P. M. in has been sold for taxies prior to the aforesaid notice of sale, which All taxes may be paid at the the date of Such receipt, bill or time of sale must not be less than time the first installment as herein statement and remains unredeem- twenty -one days nor more than provided, is due and payable. ad. twenty -eight days after the date SECTION 20. Within five days SECTION 24. On the fifth day of posting. .after the receipt of the assessment of December of each year at five Whenever any property appears roll, the tax collector Shall cause o'clock P. AT., all unpaid taxes in this list which was sold to the to be published a notice specifying then due shall be delinquent and City not less than five years prev- in substance: thereafter the tax collector must fous to the date fixed therein, for (a) That the taxes on all per- collect for the use of the City, the the sale so to be had, there shall sonal property secured by real additional eight per cent (870) (appear immediately following the property and one -half of the taxes thereon, as hereinbefore provided. I description of such property a on all real property are payable or SECTION 25. On the third notice which notice shall provide 'the first day of November of that Monday of December of each year, Ithat unless the delinquent taxes year. the tax collector must deliver to I thereon are sooner paid, said prop. (b) That the taxes on all per- the City Clerk, a complete de- erty will be sold or offered for sonal property secured by real linquent list, in alphabetical order, I sale at public auction to the high - proporty and ono -half of the taxes of all persons and property then est bidder for cash in lawful on all real property unpaid by five owing taxes, and at the same time money of the United States. The o'clock P. 11T. on the fifth day of return the assessment roll. Several parcels and lots of prop - Decemaer next, thereafter, will be SECTION 26. The City Cleric erty described upon which five delinquent, and unless paid prior must compare carefully the list years will have elapsed from the thereto, 8% will be added to the with the assessment book, and, If date of the sale of said property, amount thereof; provided that if • satisfied it contains a full and true shall then be sold as herein pro- - they be not paid before the 20th statement of all taxes due and un- vided and no bid for such property day of April, next succeeding, at paid, said clerk must foot up the will be accepted for less than the five o'clock P. M., there shall be total amount of taxes, so remain- amount required to redeem the • collected an additional three per ing unpaid, and credit the Tax same, including all taxes, costs cent (3%) thereon. Collector therewith, and make a and penalties to date; and if no (c) That the remaining one- final settlement of air taxes charg- such bid is made, said property half of the taxes on all real prop-, ed against him 'o» the assessment Shall then be sold in manner as • • L] • • • provided pursuant to the pro - 'sold for taVU pursuant to the pro- visions of the Political Code of the I visions of this ordinance shall be State of California, from time to subject to redemption within five time in effect prescribing the man - years, and upon the terms provid- ner of sale of property for five cd, or that m.ay hereafter bn pro- years delinquent and upon which'vided, for the redemption of prop - tax redemption has not been made, erty sold for state or county taxes, or upon direction of the City Coun- and with respect to redemptions cil the property so sold for delin- the city officers are empowered quent taxes, or any part or parcel and directed to perform all of the so sold, may be so:d to the City of duties conferred and imposed upon Newport Beach in lieu and in place corresponding county officere of the State of California, and such with respect to redemption of sale to the City shall be had in the property sold for county taxes. form and manner and conducted SECTION 33. Upon five year: pursuant to the same provisions of delinquency sale being made, the the Political Code of the State of Tax Collector must make a deco California as if said sale was made to the property, reciting in suck to the State of California; pro- deed the name of the person tc vided, however, that during such whom sold, (late of sale, descrip. Period of time as pursuant to the tion of land sold, the amount foi provisions of Section 3817d of the which cold. Such deed shall be Political-Code of the State of Cali- -cknowlcdged, as required tc fornia as amended by the 1933 a0thorize it to be recorded, art! Legislature, no final or five year the matters recited in such deed sales shall be made or conducted of sale, shall constitute primary with respect to county taxes, no evidence of the following facts: such final or five year sales shall 1. The property was assessed be had under this ordinance for as required by law. city taxes. 2. The property was equalized SECTION 29. The City Tax as required by law. Collector, as soon as he has posted 3. The taxes were levied in ac- said notice, as herein provided, cordance with law. must file with the Clerk of the 4. The tares were not paid. City a copy of said delinquent list 5. At a proper time'and place, and notice, with his affidavit of the property was sold as prescrib- posting attached thereto, which ed by law, and by the proper of- said affidavit shall be prima facie ficer. evidence of all the facts stated therein. SECTION 30. On the day and hour fixed for the sale, all the Property delinquent, upon which the taxes of all kinds, penalties and costs have not been paid, shall, except as to sale of property, five or more years in delinquency, by operation of law and the declar- ation of the City Tax Collector, be called off the delinquent assess- ment list in regular order and be separately struck off and sold to the City as purcLascr; provided, however, that the owner or person in possession of any property of- fered for sale for taxes due there- on; may prior to the sale of such property, pay the taxes, penalties and costs due, and thus satisfy the lien of the City upon the property. The City Tax. Collector shall make an entry "Sold to the City of Newport Beach," on the delinquent assessment list opposite to each piece of property so sold, and he sh2' -1 be credited with the amount of the taxes, penalties and costs thereon in his settlement. SECTION 31. The "City'Tax Collector must, in a book provided for that purpose, enter a descrip- tion of the land sold, correspond- ing to the description in the orig- inal assessment roll, the date of sale, that it was sold to the city, the amount for which it was sold and must regularly number the descriptions on the margin of the book. Such cook shall then be filed with the City Clerk and mast be open to public inspection, without fee, during office hours, when not in actual use. In case of redemption or a sub - ^.equent sale of any of said prop- erty by the city, the City Clerk must cause an entry to be made -on the margin of the record, des- cribing such property In said cer- tificate book of record, of the fact of such redemption or sale, giving the date thereof, and by whom re- deemed. a ^ECTION 32. Any property 6. The property was not re- deemed. 7. The person who executed the deed was the proper officer. 8. Where the real estate was sold to pay taxes on personal property, that the real estate be- longed to the person liable to pay the tax. SECTION 34. Such deed duly acknowledged, or proved, is (ex- cept as against actual fraud) con- clusive evidence of the regularity of all other proceedings, from the assessment by the assessor up to the execution of the deed, in- clusive. Such deed conveys to the Grantee the absolute title to the Property described therein, free from all incumbrances, or liens, except the same as prescribed and enumerated as exceptions in Sec- tion 3787, of the Political Code of the State of California. SECTION 35. The assessment book, .or the delinquent list, or copy thereof, certified by the City Clerk, showing unpaid taxes against any person or property, is prima facia evidence Of the assess- ment, the property assessed, the delinquency, the amount of taxes due and unpaid and that all the provisions of law in relation to the assessment and levy Of such taxes have been complied with. SECTION 36. When land fs sold for taxes, correctly imposed as the property of a particular Person, no misnomer of the owner, or supposed owner, or other mis- take relating to the ownership thereof, affects the sale, or rend- ers it void or voidable. SECTION 37. In case property assessed for taxes is purchased by the city, except on five year delin- quency sale, pursuant to the pro- visions jof this ordinance, It shall be assessed each subsequent year _`or taxes, until a deed therefor, is made, to the purchaser, in the same manner as if it had not been purchased. In the case of property sold to the city, pursuant to the provisions of this ordinance, it shall be assessed each'subsequent year for taxes, in the same man- ner as if it had not been sold, un- til a deed is made to the purchas- er tfiereof at the fifth year of de- linquency sale: SECTION 38. Whenever prop- erty sold to the City, pursuant to' the provisions of this ordinance, shall be redeemed as herein pro - vided, the moneys received on ac- count of such redemption, includ- ing the original and subsequent taxes, and percentages, penalties, costs and interest, shall be paid into the treasury for the use and benefit of the respective Funds• of the City, for which originally levied. SECTION 39. The Assessor must collect, immediately as the asessment is made, the taxes on all property when in his opinion said taxes are not a lien upon real property sufficient to secure the payment of the taxes. At the time of malting the as- sessment; or at any time before the first day of July, the Assessor may collect the taxes by seizure and sale of any.personal property owned by the person against whom the tax is assessed. SECTION 40. The sale of per- sonal property must be at public auction, and of a sufficient amount of property to pay the taxes, per- centage and costs. The sale must be made after one week's notice of the time and place thereof, given by publication in a newspaper published in the City, or by post- ing in three public places. For seizing and selling personal property, the Assessor may charge in each case the sum of three dol- lars. On payment of the price bid for any property sold, includ- ing penalties and costs as herein provided, the delivery thereof, with a bill of sale, vests the title thereto in the purchaser. All excess, over the taxes, per- centages and costs of the pro- ceeds of any such sale, must be returned to the owner of the property sold, and until claimed must be deposited in the City treasury, subject to the order of the owner, heirs or assigns. The unsold portion of any prop- . erty may be left at the place of sale at the risk of the owner. SECTION 41. The 'Assessor shall be governed as to the amount of tares to be collected upon per- sonal property by the city rate for the previous year. When the rate is fixed for the year in which such collection is made, thEn, if the sum is in ex- cess of the rate has been collected, such excess shall not be used by the City, but shall remain in the city treasury, and must be paid by the treasurer to the person from whom the collection was made, or to his assigns, on de- mand therefor. If a sum less than the rate fixed has been collected, the de- ficiency must be collected by the tax collector as other taxes on personal property are collected. The assessor, on the first Monday in each month, must pay into the City Treasury all moneys col- lected by him during the preced- ing month. The Clerk must- as soon as the assessment book for the year comes into his hand, note opposite the name of each person from whom taxes have been collected the • • • • E • amount thereor, and as soon as 1 collecting taxes within the City the rate of taxation for the year, I of Newport Beach is provided'. is fixed, the tiers must note, in The City COurcil and each connection with said entry, the member affirmatively voting for - amount of excess or deficiency. the adoption of this ordinance, de- SECTION 42. omissions, er- dares that if any part or se-tion, rors or defects in the form of any clause or phrase of this Ordinance original assessment of assessment is declared invalid, the remainder book, where it can be ascertained og the Ordinance, as to to each and therefrom what was intended, ma.� tionr thereof, eq ?all remain in full on the written order of the City Council, be supplied or corrected by force and effect, and that all the Assessor, at any time after parts of said Ordinance would the original asseesrnent was made, have been, and were intended to be and prior to the sale for delin- adopted even though such invalid quent taxes, and when omissions, clause, part or portion, was errors or defects have been car- _dcI ed as a part thereof. ried into a delinquent list or any S;,CTICN 4Z Ordinance No. posting thereof, the list may be 15 of tho City of Newport Beacn, posted as amended, or notice of :,ne amendments thereto, and all the correction thereof may be oth,.r Ord inance :s of said city in given in a supplemental posting, Conflict herewith, except as here- to be made in same maner as the in otherwise provided, are hereby original publication and for not repealed. less than one week. SECTION 43. This ubl'Oshed once SECTION 43. No assessment shall be printed and p or act relating to assessment or in 11TEWPOftT NEWS, a newspap collection of city taxes is illegal er iprinted, published and circulat -- on account of informality or ban ed m the City Of Newport Beach,. cause the same was not complete and shall take effect and be in within the time required by law; force thirty (30) days after its nor can the City's right and power pasage. to levy and collect taxes be ex- The above and foregoing Ordi_ tinguished by any irregularity of. nance was introduced at a regu- proceeding whatsoever. lar meeting of the City Council. SECTION 44. The City Council of the City of Newport January.; Beach shall furnish, at the expense of held on the 7th day of the City, to the Assessor and Tax 1935, and was finally passed and Collector, any and all material, adopted on the 6th day of May, statements, maps, or other doc- 1935, by said City Council at 4 uments or material required in regular meeting, by the following the assessing of the properties vote, to -wit: within said City, and the collect- AYES, Councilmen: Gordon, ion of taxes thereon as herein re- Claire, Ellsworth, Garfield, Hil- quired, ao and when such supplies mer. are needed. NOES, Councilmen: None. SECTION 45. Any person vio- Absent, Councilmen: None. lating any of the provisions of the The above and foregoing Ordi- foregoing sections of this ordi- nance is signed and approved by nance, or who commits any of the me this 6th day of May, 1935. acts therein declared to be un- HERMAN HILMER, lawful and prohibited or who Mayor of the City of Newpls t neglects or refuses to do the Beach. duties therein required of him, Attest: is guilty of a misdemeanor, and FRkNk L. RINEHART, shall, upon conviction thereof by City Clerk. a court of competent jurisdiction, be punished by a fine not to ex- ceed $300.00, or by imprisonment in the City Jail of the City of Newport Beach, not to exceed ninety days. or in the discretion of the court, by both such fine and imprisonment. SECTION 46. All sales of property, penalties made and procedure had pursuant to the provisions of Ordinance No. 15 of the City of Newport Beach, and amendments thereto, shall re- main in full force and effect. The system provided for by this ordi- nance for the collection of taxes, shall become operative in the col- lection of the 1935.1936 taxes, and all sales of property made after April 20th, 1935, for tax payment delinquency, shall be made under the provisions of this Ordinance. This ordinance shall be inter- preted and construed liberally and to the end that the purpose of pro- viding a reasonable and valid method of assessing property and