HomeMy WebLinkAbout1357 (2)
ORDINANCE NO. 1357-A
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA; CALIFOfu~IA AMENDING .-
SECTIONS 2681:5,2681.6) 2682.1, 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 2683.7 of the Arcadia
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Municipal Code, as the same were added thereto by Ordinance No.
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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 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
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 conveya<<ce of a leasehold interest other than
of a type described ..above. "Transfer" 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 joint '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 ~he property transferred.
2681. 6. ASSESSED VALUATION. Assessed Valuation means ""e
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.
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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 a~ount
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 sL~h rules
and regulations as are not inconsistent with this ?art 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
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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
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f~rnish 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
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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.
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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 iss~e 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 1s 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.
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SECTION 2. 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 3. 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 15th day of August, 1967, by the affirmative vote of at least
three Councilmen, to wit:
AYES:
Councilmen Arth, Forman and Hage
NOES:
None
ABSENT:
Councilmen Butterworth and considi~
~~21~ . ~d~
City Cler of the City of Arcad a
SIGNED AND APPROVED this
15th day of August, 1967.
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