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10B Action 2009 1221
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10B Action 2009 1221
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Last modified
12/17/2009 10:13:45 AM
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12/17/2009 10:13:36 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/21/2009
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PERM
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_CC Agenda 2009 1221
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1221
RDA Reso 2009-024
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
Reso 2009-170
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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Future assessed valuation growth allowed under Article XIIIA (new construction, change <br />of ownership, 2% annual value growth) will be allocated on the basis of "situs" among the <br />jurisdictions that serve the tax rate area within which the growth occurs except for certain utility <br />property assessed by the State Board of Equalization ("Unitary Property") which is allocated <br />by a different method as described under "--Unitary Property" below. <br />Challenges to Article XIIIA <br />There have been many challenges to Article XIIIA of the California Constitution. In <br />Nordlinger v. Hahn, the United States Supreme Court heard an appeal relating to residential <br />property. Based upon the facts presented in Nordlinger, the United States Supreme Court held <br />that the method of property tax assessment under Article XIIIA did not violate the federal <br />Constitution. The Agency cannot predict whether there will be any future challenges to <br />California's present system of property tax assessment and cannot evaluate the ultimate effect <br />on the Agency's receipt of tax increment revenues should a future decision hold <br />unconstitutional the method of assessing property. <br />Property Tax Collection Procedures <br />Classifications. In California, property which is subject to ad valorem taxes is <br />classified as "secured" or "unsecured." Secured and unsecured property are entered on <br />separate parts of the assessment roll maintained by the county assessor. <br />The secured classification includes property on which any property tax levied by the <br />County becomes a lien on that property sufficient, in the opinion of the county assessor, to <br />secure payment of the taxes. Every tax which becomes a lien on secured property has priority <br />over all other liens on the secured property, regardless of the time of the creation of other liens. <br />A tax levied on unsecured property does not become a lien against the taxes on unsecured <br />property, but may become a lien on certain other property owned by the taxpayer. <br />Collections. The method of collecting delinquent taxes is substantially different for the <br />two classifications of property. The taxing authority has four ways of collecting unsecured <br />property taxes in the absence of timely payment by the taxpayer: (1) a civil action against the <br />taxpayer; (2) filing a certificate in the office of the county clerk specifying certain facts an order <br />to obtain a judgment lien on certain property of the taxpayer; (3) filing a certificate of <br />delinquency for record in the county recorder's office, in order to obtain a lien on certain <br />property of the taxpayer; and (4) seizure and sale of the personal property, improvements or <br />possessory interests belonging or assessed to the assessee. The exclusive means of <br />enforcing the payment of delinquent taxes with respect to property on the secured roll is the <br />sale of property securing the taxes to the State for the amount of taxes which are delinquent. A <br />10% penalty also applies to delinquent taxes on property on the unsecured roll, and further, an <br />additional penalty of 1 %z% per month accrues with respect to such taxes beginning the first day <br />of the third month following the delinquency date. <br />The valuation of property is determined as of January 1 each year and equal <br />installments of taxes levied upon secured property become delinquent on the following <br />December 10 and April 10. Taxes on unsecured property are due August 1 and become <br />delinquent August 31. <br />Supplemental Assessments. A bill enacted in 1983, SB 813 (Statutes of 1983, <br />Chapter 498) provides for the supplemental assessment and taxation of property as of the <br />occurrence of a change in ownership or completion of new construction. Previously, statutes <br />-50- <br />
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