State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 8830-8837

STREETS AND HIGHWAYS CODE
SECTION 8830-8837



8830.  (a) As a cumulative remedy, if any assessment or reassessment
or installment thereof, or of any interest thereon, together with
any penalties, costs, fees, and other charges accruing under
applicable taxation provisions are not paid when due, the legislative
body may order that the same be collected by an action brought in
the superior court to foreclose the lien thereof as provided by this
part.
   (b) The legislative body may, by resolution adopted prior to
issuance of bonds under this division, covenant for the benefit of
bondholders to commence and diligently prosecute any foreclosure
action regarding delinquent installments of any assessments or
reassessments which secure the bonds that are to be issued, and, at
any time, may assign the causes of action arising from the
foreclosure to a trustee to do so on behalf of the bondholders. The
resolution may specify a deadline for commencement of the foreclosure
action and other terms and conditions as the legislative body may
determine to be reasonable regarding the foreclosure action.
   (c) Except as provided in Section 8836, all installments,
interest, penalties, costs, fees, and other charges that are
delinquent at the time of the ordering of a foreclosure action shall
be collected in the action. If a lot or parcel of property has not
been sold pursuant to judgment in the foreclosure action at the time
that subsequent installments and interest become delinquent, the
court may include the subsequent installments, interest, penalties,
costs, fees, and other charges in the judgment or modified judgment.
   (d) For purposes of financing delinquent assessments pursuant to
Section 26220, the legislative body may act as if it were a board of
supervisors.
   (e) Notwithstanding any other provision of this chapter, no
trustee or joint powers authority shall be obligated to accept the
tender of bonds in satisfaction of any obligation arising from a
delinquent assessment, although either may do so if authorized to do
so by the legislative body.
   (f) An action to determine the validity of any bonds issued, any
joint powers agreement entered into, and any related agreements
entered into, by a joint powers agency acting pursuant to this
section may be brought by the joint powers agency pursuant to Chapter
9 (commencing with Section 860) of Title 10 of Part 2 of the Code of
Civil Procedure. Any appeal from a judgment in the action shall be
commenced within 30 days after entry of judgment.




8831.  Costs in the action shall be fixed and allowed by the court
and shall include a reasonable attorney's fee, interest, penalties
and other charges or advances authorized by this division, including
reasonable administrative costs incurred by the city in pursuing the
foreclosure, and when so fixed and allowed by the court the costs
shall be included in the judgment.



8832.  (a) The court shall have the power to adjudge and decree a
lien against the lot or parcel of property covered by the assessment
or reassessment for the amount of the judgment and to order the
premises to be sold on execution as in other cases of the sale of
real property by the process of the court except:
   (1) Notwithstanding Section 701.545 of the Code of Civil
Procedure, notice of sale of any lot or parcel included in the
judgment may be given pursuant to Section 701.540 of the Code of
Civil Procedure any time after the expiration of 20 days after the
date notice of levy on the interest in real property was served on
the judgment debtor or debtors, provided that the lot or parcel to be
sold is not a dwelling for not more than four families.
   (2) Whenever notice of sale may be given after the expiration of
20 days after the date notice of levy was served as provided in
paragraph (1), the 30-day time period contained in subdivision (h) of
Section 701.540 of the Code of Civil Procedure shall be reduced to
10 days.
   (3) Upon proof that the lot or parcel to be sold is not a dwelling
for not more than four families, pursuant to Section 716.020 of the
Code of Civil Procedure, the court shall order that paragraphs (1)
and (2) apply to any judgment previously entered.
   (4) Subdivision (b) of this section shall apply instead of
subdivision (a) of Section 701.620 of the Code of Civil Procedure.
   (5) Notwithstanding subdivision (c) of Section 701.620 of the Code
of Civil Procedure, if the minimum price required to be paid for a
lot or parcel pursuant to subdivision (b) is not obtained at a
foreclosure sale, upon written request of the city, the levying
officer shall retain the writ of sale and, provided that the writ of
sale has not been returned to the court pursuant to paragraph (1) of
subdivision (a) of Section 699.560 of the Code of Civil Procedure,
give notice of sale pursuant to Section 701.540 of the Code of Civil
Procedure without relevying on the property.
   (6) As provided elsewhere in this division.
   (b) Except as provided in Section 8836, the lot or parcel may not
be sold unless the amount to be paid pursuant to the bid equals or
exceeds the sum of all of the following amounts:
   (1) The amount of the judgment with costs and interest thereon.
   (2) Costs and interest on the judgment accruing after issuance of
the writ pursuant to which the sale is conducted.
   (3) The levying officer's costs.
   (4) Any other amounts which are required by law to be bid in order
that the lot or parcel may be sold.
   (c) The city may bid at the price provided for by subdivision (b)
by giving the levying officer a written receipt crediting all or part
of the amount required to satisfy the judgment, except that the city
shall pay all of the following amounts in cash or by certified or
cashier's check:
   (1) The levying officer's costs remaining unsatisfied.
   (2) The amount of any preferred labor claims.
   (3) Exempt proceeds.
   (4) Any other claim that is required by law to be satisfied.
   (d) If the city becomes the purchaser pursuant to bid as provided
for by subdivision (c), the city shall pay the amount that is
required to satisfy the judgment into the redemption fund within 24
months of the date of the foreclosure sale. From the amount that the
city is required to pay into the redemption fund, the city shall
reimburse the special reserve fund, if any, the amount, if any, of
funds advanced from the special reserve fund to the redemption fund
to cover delinquent installments of the assessment or reassessment
and interest with respect to the lot or parcel of property which is
sold. To the extent that the city has advanced funds other than, or
in addition to, funds from a special reserve fund and the funds are
included in the judgment, the obligation of the city to pay into the
redemption fund is reduced by a corresponding amount.
   (e) Notwithstanding subdivision (d), the city is not required to
pay into the redemption fund any amount that exceeds in the aggregate
the sum of all of the following:
   (1) The amount required to bring current delinquent installments
of the assessment or reassessment and interest with respect to which
the lot or parcel of property is sold.
   (2) Simple interest on all the amounts from the dates of
delinquencies until the date of sale, at the rate or rates of the
bonds.
   (f) If the lot or parcel of property is sold at the execution sale
to a purchaser other than the city, the city shall pay the sale
proceeds that it receives into the redemption fund. From the amount
that the city is required to pay into the redemption fund, the city
shall reimburse the special reserve fund, if any, the amount, if any,
of funds advanced from the special reserve fund to the redemption
fund to cover delinquent installments of the assessment or
reassessment and interest with respect to the lot or parcel of
property which is sold. If the special reserve fund, if any, is
thereby reimbursed, the city may reimburse other funds advanced by
the city to cover delinquent installments and interest, and may pay
interest and penalties, costs, fees, and other charges, to the extent
that they are included in the sale proceeds received.
   (g) Notwithstanding subdivision (f), attorney fees and costs
awarded by the judgment and postjudgment interest are not required to
be paid into the redemption fund.
   (h) The foreclosure action shall be governed and regulated by this
division, and where not in conflict with this division, by the
applicable laws of this state.



8833.  (a) When any foreclosure actions are ordered by the local
agency or legislative body, or when subsequent installments and
interest that are also to be made the subject of a foreclosure action
thereafter become delinquent, and the foreclosure action is not
commenced and a notice of pendency of action is not concurrently
recorded, prior to the actual removal of the delinquent installment
from the tax roll, the local agency or legislative body responsible
for the foreclosure action on the delinquent installment shall do one
of the following:
   (1) Prior to the actual removal of the delinquent installment from
the tax roll, the local agency or legislative body shall record or
cause to have recorded in the county recorder's office in the county
in which the real property is located, a Notice of Intent to Remove
Delinquent Assessment Installment from the Tax Roll, which contains
the information set forth in subdivision (b). If action is taken
under this paragraph, all of the following apply:
   (A) Upon presentation of written proof of the recordation and a
request for removal by the local agency or legislative body, the
county auditor shall remove the delinquent installments from the tax
roll. "Proof of recordation" includes, but is not limited to, a
certified copy of the notice set forth in subdivision (b), or a copy
of the recorded notice containing the county recorder's assigned
document number, or a copy of the recorded notice containing a copy
stamp from the office of the county recorder.
   (B) From the date of the recordation, the county tax collector
shall be credited upon the current assessment roll with the amount
charged against him or her on account of the delinquent assessments
or reassessments. If any person pays the delinquent installment
referred to in the Notice of Intent to Remove Delinquent Assessment
Installment from the Tax Roll to the county auditor prior to or
subsequent to the actual removal of that delinquent installment from
the tax roll, the county tax collector shall forward that payment to
the local agency or legislative body responsible for the foreclosure
action.
   (C) From the date of recordation pursuant to this section, the
assessment or reassessment or installment thereof or interest
thereon, and penalties, costs, fees, and other charges accrued under
applicable statutes, that are to be collected in a foreclosure
action, shall no longer be collectible by the county tax collector.
   (D) The county tax collector, in addition to the costs recovered
in foreclosure, may charge the actual costs incurred in removing
these sums from the tax roll or the performance of any other related
duties as set forth in this section.
   (E) Installments, interest, penalties, costs, fees, and other
charges that do not become the subject of a foreclosure action shall
remain collectible by the county tax collector as otherwise provided
by applicable law.
   (2) As an alternative to the notice requirement set forth in
paragraph (1), the Counties of San Bernardino and Riverside may,
simultaneously with the removal of the delinquent special assessment
installment from the secured tax roll, provide notification on the
secured tax roll that the installment has been removed from the roll
for each parcel for which the delinquent special tax assessment was
removed. The notice shall be displayed in a manner that conveys that
the removal has occurred, and shall include the name and telephone
number of the person or entity to be contacted to receive further
information.
   (b) The Notice of Intent to Remove Delinquent Assessment
Installment from the Tax Roll shall be completed and recorded by or
caused to be recorded by the local agency or legislative body
responsible for the foreclosure action, and shall contain all of the
following:
   (1) The name of the local agency or legislative body, city, or
other assessment district responsible for the foreclosure action.
   (2) The legal description or assessor's parcel number of the
property affected by the notice.
   (3) The specific tax year and installment intended to be removed
from the tax roll.
   (4) The title, address, and telephone number of the employee, city
official, or other authorized official who should be contacted
regarding the delinquent assessment installment amount.
   (5) The name of the owner shown on the last equalized assessment
roll.
   (c) Any local agency or legislative body that removed or caused to
be removed a delinquent assessment installment from the ad valorem
tax roll prior to January 1, 1997, shall record, by July 1, 1997, a
Notice of Intent to Remove Delinquent Assessment Installment from the
Tax Roll or shall request the tax collector to retain the notice of
delinquent assessment installment on the tax roll as set forth in
paragraph (2) of subdivision (a). If the foreclosure action has been
filed and a notice of pendency of action has been recorded in the
county recorder's office prior to July 1, 1997, this requirement does
not apply.
   (d) All costs associated with the county tax collector's and local
agency's responsibilities as set forth in this section shall be
recoverable by the local agency or legislative body through the
foreclosure action.
   (e) The recording of a notice of pendency of action in the county
recorder's office in the county in which the real property is
located, concurrent with the commencement of a foreclosure action
ordered by the local agency or legislative body and commenced prior
to the actual removal from the tax roll of the delinquent installment
that is the subject of the foreclosure action, constitutes
compliance with the notice requirements of this section.




8833.5.  At any time after the tax collector has been relieved of
further duty with regard to amounts charged against him or her on
account of the assessments or reassessments described by Section 8833
and prior to a judgment of foreclosure, the city shall dismiss the
foreclosure action upon payment of the sum of all of the following
amounts:
   (a) The amount of any delinquent installments of principal or
interest of the assessment or reassessment, together with interest
and penalties, costs, fees, and other charges accrued thereon to the
same extent that they accrue against real property for nonpayment of
general property taxes, to the date of payment.
   (b) Costs of suit, including, but not limited to, service and
recording fees and the costs of abstract or report of search of, or
litigation guaranty with respect to, all claims of interest in the
land.
   (c) Attorneys fees authorized by the city.
   (d) The tax collector's costs authorized by Section 8833.




8834.  The foreclosure action shall be brought in the name of the
city or a trustee employed on behalf of the bondholders pursuant to
Section 8830, and may be brought at any time prior to the expiration
of four years subsequent to the last maturity of the principal of
bonds secured by the assessment or reassessment. The complaint may be
brief and include substantially only the following allegations with
reference to the assessment or reassessment sought to be collected:
   (a) That, on a date stated, the legislative body passed its
resolution ordering certain work to be done, without describing the
same.
   (b) If the assessment was levied pursuant to the Improvement Act
of 1911 (Division 7 (commencing with Section 5000)), that work was
done pursuant to the resolution.
   (c) That an assessment to pay the cost of the work was duly made
and was authorized to be collected, but remained unpaid on a stated
date.
   (d) That certain property (describing it) was assessed or
reassessed a stated amount and that bonds upon the security of the
assessment or reassessment were duly issued under this division,
giving the date or dates of the bonds, their interest rate or rates,
and the number of years the last maturity of the bonds were to run,
but it is not necessary to state the amount, number, denomination, or
other terms of the bonds.
   (e) That, on a date stated, a certain sum came due against the
described property on the assessment or reassessment and had not been
paid and that the legislative body, or a trustee acting on behalf of
the bondholders, had ordered the action to foreclose.




8835.  The amount of penalties, costs and interest due shall be
calculated up to the date of the judgment.



8836.  (a) In the event a lot or parcel of property fails to sell
for the minimum price required by Section 8832, the city may petition
the court to modify its judgment and authorize the property to be
sold at a lesser minimum price or without a minimum price.
   (b) Written notice of hearing on the petition under subdivision
(a) shall be given by certified or registered mail to all registered
owners of any outstanding bonds secured, in whole or in part, by the
delinquent assessment or reassessment, to the original purchaser of
any of the bonds from the city, to the city treasurer, and to any
authenticating agents, transfer agents, registrars, and paying or
other agents of the city appointed with respect to any of the bonds.
If any of the outstanding bonds are payable to bearer and not
registered to other than bearer, notice of the hearing shall also be
given by publication at least once in a financial publication with
national circulation and additionally as the court shall reasonably
require. The hearing shall be held not earlier than 10 days after the
notice is given.
   (c) The court may, after a hearing held pursuant to notice as
provided for by subdivision (b), modify the judgment and authorize
the property to be sold at a lesser minimum price or without a
minimum price, if the court determines, based on the evidence
introduced at the hearing, any of the following:
   (1) Sale at the lesser minimum price or without a minimum price
will not result in an ultimate loss to the bondholders.
   (2) Owners or holders of 75 percent or more of the outstanding
bonds, by principal amount, have consented to the petition and the
sale will not result in an ultimate loss to the nonconsenting
bondholders.
   (3) Owners or holders of 75 percent or more of the outstanding
bonds, by principal amount, have consented to the petition and all of
the following apply:
   (A) By reason of determination pursuant to Section 8769, the city
is not obligated to advance available funds to cure a deficiency.
   (B) No bids equal to or greater than the minimum price have been
received at the foreclosure sale.
   (C) No funds remain in the special reserve fund, if any.
   (D) The city has reasonably determined that a reassessment and
refunding proceeding is not practicable, or has in good faith
endeavored to accomplish a reassessment and refunding and has not
been successful, or has completed reassessment and refunding
arrangements which will, to the maximum extent feasible, minimize the
ultimate loss to the bondholders.
   (E) No other remedy acceptable to owners or holders of 75 percent
or more of the outstanding bonds, by principal amount, is reasonably
available.
   (d) The assessment or reassessment lien upon property sold
pursuant to this section at a lesser price than the minimum price
shall be reduced by the difference between the minimum price and the
sale price.
   (e) The court shall permit participation by the bondholders in its
consideration of the petition as necessary to its determinations.
   (f) Neither the property owner nor the holder of a security
interest in the property, nor any other defendant in the foreclosure
action, nor any agent thereof, may purchase the property at the
foreclosure sale for less than the minimum price determined pursuant
to Section 8832. Each purchaser at less than the minimum price shall
certify in writing to the levying officer at the sale the purchaser's
compliance with the requirements of this subdivision.
   (g) The court may make provisions for the payment of attorney fees
and costs incurred in proceedings pursuant to this section as the
court deems proper, and need not require that the fees and costs be
paid out of the proceeds of any sale authorized pursuant to this
section.



8837.  This section applies if delinquent assessment installments,
together with any penalties, interest, and costs, are collected
through the sale of the property by the tax collector pursuant to
Chapter 7 (commencing with Section 3691) of Part 6 of Division 1 of
the Revenue and Tax Code.
   (a) If the property is sold for at least the total amount
necessary to redeem plus costs, as defined in Section 3698.5 of the
Revenue and Taxation Code, the sale of the property shall extinguish
the delinquent assessment installments, interest, penalties, and
costs included in the sale price.
   (b) If the property is sold for less than the total amount
necessary to redeem plus costs, as defined in Section 3698.5 of the
Revenue and Taxation Code, the following applies:
   (1) The portion of the sales price paid by the tax collector to
the local agency on account of the delinquent assessment installments
shall be credited by the local agency first to delinquent interest
and redemption penalties, and then to delinquent principal.
   (2) The remainder of the delinquent assessment installments and
redemption penalties, if any, shall remain due and owing.
   (3) Redemption penalties shall continue to accrue on remaining
unpaid delinquent assessment installments.
   (4) The remaining unpaid amount, with penalties, may be added as
postjudgment delinquencies to any existing unsatisfied foreclosure
judgment against the property, or may be collected in a new
foreclosure action filed pursuant to this chapter.