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Home My WebLink About1357 ORDINANCE NO. 1357 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADiA~ CALIFORNIA AMENDING' - SECTIONS 2681.5,'2681.6, 26B2.l, 2682.1.3, 2683.1, 2683.2.1, 2683.5 and 2683.7 OF THE ARCADIA MUNICIPAL CODE. . THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 2681. 5'} 2681. 6, 2682.1, 2682.1.3} 2683.1, 2683.2.1, 2683.5 and 268j.7 of the Arcadia . . . , Municipal Code, as the same were added thereto by Ordinance No. -. -' 1353 adopted July 5, 1967, are hereby amended to read respectively as follows: 2681.5. TRANSFER. "Transfer" includes any conveyance, grant, assignment or quitclaim of the ownership of or'title bo 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 his direction, while title is retained by the vendor as security for the payment of the purc~ase price, but shall not include the transfer of title to a trustee solely as security for an obligation. It does not include a conveyance of a I of a type described above. "Transfer" leasehold interest other than shall not mean or include the , change of interest in real property by reason of death, will or decree of distribution; nor shall the term "transfer" include any increase in an estate in real property 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 j6int'tenancy termination or partition of property. Where a consideration of value in any amount is paid} the tax shall be imposed and shall be based upon the total assessed valuation of the property transferred. 2681.6. ASSESSED VALUATION. Assessed Valuation means the assessed valuation as of the date of recordation of the transfer as shown on the latest Assessment Role which has been equalized as of said date. -1- , '2h.7 DIVISION 2. IMPOSITION AND RATE 2682.1. TAX IMPOSED. A tax is hereby imposed upon every transfer of real property located in the City of Arcadia at the rate of one and one-fourth percent (1.25 ) of the Assessed Valuation of the real property transferred. 2682.1.3. SAME. DUE DATE AND DELINQUENCY. The Tax . . imposed by this Division is due and payable at the time a transfer of real property is recorded and shall be delinquent if unpaid at the close of business on the last day of the month following the month during which the document of transfer is recorded by the County Recorder. In the event the tax is not paid prior to becoming 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 percent (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 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. 2683.1. REQUIRED STATEMENTS. 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 necessary 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 -2- 1357 property and such other information as he may, deem pertinent for the administration and collection 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 state- ment to be verified. 2683.2.1 SAME. ESTIMATES. If for any reason, there is " not available a stated assessed valuation on the property being transferred, the City Treasurer may make an estimate of the assessed valuation of the real property being transferred and determine the amount to be paid on the basis of this estimate or upon any informa- tion within his possession or that may come into his possession. 2683.5. 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. Provided further, however, that upon payment to the City of the amount of tax determined by the City Treasurer to be due under this Part, or if the City Treasurer determines that no tax is due under this Part, the City Treasurer shall issue a release, in recordable form, of all tax liens accruing under this Part. Such ,release shall be conclusive, irrespective of error, as to all persons who have relied upon the same to their detriment in any respect. 2683.7. TAX LIEN AND COLLECTION. 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 when due, 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. -3- 1357 SECTION 2. This Ordinance is hereby declared to be necessary as, an e~ergency measure for preserving the_public peace, health or safety and shall take effect immediately upon its adoption. A statement of the reasons for its urgency is as follows: Part 8 was added to Chapter 6 of Article II of the Arcadia Municipal Code by , . , Ordinance No. 1353 adopted July 5, 1967, which ordinance by law and , jii by its terms becomes effective and operative August 5, 1967. That ~~~ 0" portions thereof, particularly the Sections creating a lien for the ~ taxes imposed thereby, make no provision for release of such tax liens, affords no protection to innocent persons against erroneous determination of tax liability, and provides no objective standard for the determination of the ~ax due, is uncertain as to the due date of the tax in many instances, and does not expressly exempt therefrom security transactions. Such deficiences will hamper the orderly conduct of escrows and title insurance, thereby impeding realty.transfers'within the City to the detriment of the City and the property owners and taxpayers thereof. That the within ordinance seeks to remedy each of said deficienqies and to accomplish the purpose must take effect prior to the effective and operative date of aforesaid Ordinance No. 1353. It is therefore necessary that this ordinance take effect immediately upon its adoption. 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 or any appropriate public agency 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 and shall cause the same to be published once in the official newspaper without delay. 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 1st day of August, 1967, by the affirmative vote of at least -4- 1357 four Councilmen, to wit: AYES: Councilmen Arth, Butterworth, Forman, Hage and Considine NOES: None ABSENT: None ~~:O;t;-~I>~ S?t~/XML City Clerk of the City of Arcadia SIGNED AND APPROVED this 1st day of August, 1967. ~::-^ --.. '" u~St''I.... '';: " ~" -. ,"~ ATTEST' r , /';, '''- C,<,'\ ..""'-.. .. ."//;' ....,::.........'" 0' 4-- .. /k~ W.df,.. ;~/K~~ Y',Clerk ..' Acn -;:-.- . ,-. . ~:)'7"" r:;- .,...., ,...., V " (SEALY;\ -'" ' :f 0' '''-~-' . - ./ ;/~ ..~ \ .1_"'/', .. 'l-.# ~......,......"...... 'u:'" , -5- 1357