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HomeMy WebLinkAbout1353 ORDINANCE NO. 1353 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 6 OF ARTICLE II OF THE ARCADIA MUNICIPAL CODE BY ADDING THERETO A NEW PART 8 ENTITLED "REALTY TRANSFER TAX" AND CONTAINING DIVISION:> 1 THROUGH 3. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That the Arcadia Municipal Code is hereby amended by adding to Chapter 6 of Article II thereof a new Part 8, the same to read as follows: ARTICLE II. CHAPTER 6. PART 8. DIVISION 1. ADMINISTRATION TAXES REALTY TRANSFER TAX DEFINITIONS. 2681. DEFINITIONS. For the purpose of this Part certain words and terms are hereafter defined and shall have the meaning thus ascribed. 2681.1. TITLE. This Part shall be known as the Realty Transfer Tax Ordinance of the City of Arcadia. 2681.2. PERSON. "Person" i!1cludes any individual, firm, copartnership, joint venture, association, fraternal organization, corporation, estate, trust, trustee in bankruptcy, executor, adminis- trator, syndicate, the United States, this State, any county, city and county, municipality, district or other political subdivision of the State, or any group or combination acting as a unit. 2681.3. DOCUMENT. "Document" means and includes any deed, contract of sale, instrument or writing by which real property located in the City of Arcadia is transferred. "Document" shall not mean or include any decree of distribution in probate proceedings, any docu- ment terminating or evidencing termination of a joint tenancy in real property except where an additional consideration of value is paid in -1- 1353 connection with such termination, or a decree or agreement parti- tioning real property held under common ownership unless a considera- tion of value is paid in connection therewith. 2681.4. REAL PROPERTY. llReal Propertyll is as defined in Section 104 of the Revenue and Taxation Code of the State of Cali- fornia, and includes any interest in real property. 2681. 5. TRANSFER. "Transferll includes any conveyance, grant, assignment or quitclaim of the ownership of or title to real property, and any contract for such conveyance, grant, assignment, or quitclaim, or any lease or other contract under which possession of the property is given to the purchaser, or any other person by ~ l.') his direction, while title is retained by the vendor as security for, '" '- I the purchase price.. ~ the payment of It does not include a conveyapce ~ of a leasehold intere~t other than of a type described above. "Trans- ferll shall not mean or include the .change of interest in real prop- ~. I'r) ~ \;) erty by reason of death, will or decree of distribution; nor shall the term lltransfer" include any increase in an estate in real prop- erty by reason of termination of joint tenancy or by partition of property held under common ownership unless a consideration of value be paid in connection with such joint tenancy termination or partition of property. 2681.6. VALUE. llValue 11 means the total consideration, valued in money, paid or delivered or contracted to be paid or de- livered in return for the transfer of real property, including the amount of any lien or encumbrance arising or resulting from a special assessment levied or imposed by any public district or agency, or from a mortgage, deed of trust or other contract indebtedness, either given to secure the purchase price or the amount remaining unpaid at the time of transfer, but excluding the amount of any other type of lien or encumbrance. If the amount of the consideration cannot be definitely determined, or is left open to be fixed by future contingencies, "value" -2- 1353 means the fair market value of the property at the time of the trans- fer, after deducting the amount of any lien or encumbrance of the type which would be excluded in the determination of value as herein- before defined in this Section. DIVISION 2. IMPOSITION AND RATE ~ ... ~D.L~An.O-/351 ~oB21l. TAX IMPOSED. A tax is hereby imposed upon every transfer of real property located in the City of Arcadia at the rate of one-fourth of one percent (.O~~) of the value of the real prop- erty transferred. 2682.1.1. SAME. LIABILITY. Any person who is a party to a transfer and any person for whose benefit a transfer is made or ac- cepted shall be jointly and severally liable for the tax imposed by this Division. 2682.1.2. SAME. EXCEPTION. This Division, however, shall not be construed to impose a tax upon a person, or require a tax to be paid by a person if such tax or requirement would be in violation of the Constitution of the United States or that of the State of California. ~ . ~. 4 2682.1. 3. SAME. DUE DATE AND DELINQUENCY. The tax imposed ~4 O-/3S1 by this Di~ision is due and payable at the time a transfer of real shall be by the end of the month property is made and xIls<)ielinquent if unpaid JSctxxbbscxt:bm.e::JO::&Jre.ool\1iac- following the month during which is made. )Vd:anumlc;the document of trans fen / In the event the tax is not paid prior to beqoming delinquent, a delinquency penalty of fifty percent (50%) of the amount of tax due shall accrue. In the event a portion of the tax is unpaid prior to becoming delinquent, the penalty shall accrue only as to the portion remaining unpaid. An additional penalty of fifty pe"rcent (50%) shall accrue if the tax remains unpaid at the , close of business on the last day of the third month following the date of the original delinquency. Interest shall accrue at the rate of one-half of one percent (.005%) a month or fraction thereof on the amount of the tax from the date the tax becomes delinquent to -3- 1353 the date of payment. Interest and penalty accrued shall become part of the tax. Amounts of interest and penalty shall be collected by the City Treasurer. DIVISION 3. PROCEDURE. "d^~ eu, 0- /351 '-'2'6'8'3.1. -'MQWIRED STA1'BMENTS. The tax imposed by this Part shall be paid by the persons named in Section 2682.1.1 to the City Treasurer, accompanied by statements containing information required by the City Treasurer. The City Treasurer is directed to enforce each and all of the provisions of this Part and may make such rules and regulations as are not inconsistent with this Part as may be,neces- sary or desirable to aid in the enforcement of these provisions. The City Treasurer may demand statements in writing from any person who is a party to a transfer and from any person for whose benefit a transfer is made or accepted setting forth the description of the property and the value involved in the transfer and such other in- formation as he may deem pertinent for the administration and collec- tion of the tax. It shall be the duty of any such person receiving such a demand from the City Treasurer to furnish such information. The City Treasurer may require any statement to be verified. 2683.2. DEFICIENCY DETERMINATION. If the City Treasurer is not satisfied with the statement presented pursuant to Section 2683.1, or the amount of tax paid with respect to any transfer, he may compute and determine the amount required to be paid on the basis of any information within his possession or that may come within his possession. _ . OlJ.- ~<V- 13<;1 ~-~683.2.1. SAME. ESTIMATES. If no statement is presented, the City Treasurer may make an estimate of the value of the real property transferred and determine the amount to be paid on the basis of this estimate or upon any information within his possession or that may come into his possession. One or more such deficiency determina- tions may be made of the amount due with respect to any transfer. 2683.2.2. SAME. NOTICE. The Treasurer shall give notice to a person liable under this Part of his determination made under Sections 2683.2 and 2683.2.1. -4- 1353 2683.2.3. SAME. TIME. Every notice of a deficiency determination shall be mailed or otherwise served within three (3) years of the filing of a document respecting a transfer with the County Recorder. 2683.3. PETITION FOR REDETERMINATION. Any person against whom a determination is made under this Part or any person directly interested may petition for a redetermination within thirty (30) days after service upon the person of notice thereof. If a petition for redetermination is not filed within the 30-day period, the de- termination becomes final at the expiration of the period. 2683.3.1. SAME. CONSIDERATION. If a petition for rede- termination is filed within the 30-day period, the City Treasurer shall reconsider the determination and, if the person has so requested in his petition, shall grant the person an oral hearing and shall give him ten (10) days' notice of the time and place of the hearing. The City Treasurer may designate one or more deputies for the pur- pose of conducting hearings and may continue a hearing from time to time as may be necessary. 2683.4. CHANGE OF DETERMINATION. The City Treasurer may decrease or increase the amount of the determination before it be- comes final, but the amount may be increased only if a claim for the increase is asserted by the City Treasurer at or before the hearing. ~ ~{)'2ff'tP;Z5. FINALITY OF DETERMINATION. The order or decision of the City Treasurer upon a petition for redetermination becomes final thirty (30) days after service upon the petitioner of notice thereof. 2683.6. SERVICE OF NOTICE. Any notice required by this Part may be served personally or by mail. If notice is served by mail, service shall be made pursuant to Section 1013 of the Code of Civil Procedure and shall be addressed to the person at his address as known to the City Treasurer, but the service shall be termed complete at the time of the deposit of the notice in the mail with- out extension of time for any reason. -5- 1353 ~~ @-/357 2683.7. TA4VLIEN AND~OLLECTION. The amount of the tax imposed by this Part is hereby assessed against the property upon the transfer of which the tax is imposed, and if not paid within ten (10) days after the determination of the amount thereof has become final, such tax shall constitute a special assessment against such property and shall be a lien on the property for the amount thereof, which lien shall continue until the amount thereof including all interest is paid, or until it is discharged of record. The City Attorney may bring an action in the courts of this State or of any other state or of the United States in the name of the City of Arcadia to collect the amount delinquent, including penalties and interest. 2683.8. ALTERNATIVE METHOD. As an alternative method of collection of the amount,of such lien, the City Council may order the notice of lien to be turned over to the County Auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property affected thereby, and the amount shall be collected together with all other taxes against the property. The notice of lien shall be delivered to the County Audi- tor before the date. fixed by law for the delivery of the assessment book to the county board of equalization. 2683.9. REFUNDS... Whenever the amount of any tax imposed by this Part has been overpaid, or has been paid more than once, or has been erroneously or illegally collected or received by the City, the Treasurer shall refund such tax to the person by or for whom the same was paid upon surrender to the City Treasurer of the official City receipt for such payment. No such refund shall be made unless the claimant establishes his right thereto by written records. operative SECTION 2. The provisions of If/FrO on and after the. _ day of -6- this Ordinance shall be /l-ur;us. T , 1967., ~ ~~ JJ1 1353 SECTION 3. The City Treasurer, with the assistance of the City Manager, is hereby authorized and directed to negotiate with the County of Los Angeles for its aid, assistance and cooperation in the collection of the tax herein imposed. SECTION 4. The City Clerk shall certify to the adoption of this ordinance. I HEREBY CERTIFY that the foregoing ordinance was adopted . at a regular meeting of the City Council of the City of Arcadia held on the Ja day of ~ ' 1967, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Arth, Butterworth, Hage and Considine NOES: Councilman Forman ABSENT: None SIGNED AND APPROVED this 4ik~j;t~f~~~ 6dday , 1967. a -, '.~ , ......... -. - -'" ... . '- - - -, , . ~ /r~ . - . ","",' ~ ~ ...-- - / "-" ,,- ''"'. . '.-, . . '::," .,C' /-y '-".......~~~ ...... ~ ::-.........._ ,-:-;...v , ..... -,-" -7- 1353