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HomeMy WebLinkAboutORDINANCES - 08161994 - 94-56 ORDINANCE NO. 94-56 (An Ordinance of the Board of Supervisors of Contra Costa County regarding transfer of base year value from other counties in California when property substantially destroyed by a Governor-declared disaster is replaced by a comparable residence in Contra Costa County) The Contra Costa County Board of Supervisors ORDAINS as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the county Ordinance): SECTION I: Chapter 66-7 is added to the Ordinance Code to read: Chapter 66-7 TRANSFER OF BASE YEAR VALUE FROM OTHER COUNTIES IN CALIFORNIA WHEN PROPERTY SUBSTANTIALLY DESTROYED BY A GOVERNOR-DECLARED DISASTER IS REPLACED BY A COMPARABLE RESIDENCE IN CONTRA COSTA COUNTY Article 66-7.2 Legislative Authority and Purpose. Section 66-7.202 Purpose and authority. In enacting this Chapter, it is the intention of the Board of Supervisors to fully implement and adopt in Contra Costa County the property tax benefits authorized by Proposition 171, adopted as Paragraph (3) of subdivision (e) of Section 2 of Article XIIIA of the California Constitution by the voters of California at the general election conducted in November of 1993, and Revenue and Taxation Code Section 69.3 as adopted by the Legislature in May of 1994. (Ord. 94-56, Sec. I.) Section 66-7.204 Limitation to disasters occurring on or after October 20, 1991. This Chapter shall apply only to property substantially damaged or destroyed by a disaster occurring on or after October 20, 1991. (Ord. 94-56, Sec. I.) ORDINANCE NO. 94-56 ] Article 66-7.4 Transfer of Base Year Values. Section 66-7.402 Definitions. The following definitions shall apply herein: (1) "Comparable replacement property" means a replacement property that has a full cash value of equal or lesser value as defined in paragraph (3). (2) "Disaster" means a major misfortune or calamity in an area subsequently proclaimed by the Governor to be in a state of disaster as a result of the misfortune or calamity. (3) "Equal or lesser value" means that the amount of the full cash value of a replacement property does not exceed one of the following: (A) One hundred five percent of the amount of the full cash value of the original property if the replacement property is purchased or newly constructed within the first year following the date of the damage or destruction of the original property. (B) One hundred ten percent of the amount of the full cash value of the original property if the replacement property is purchased or newly constructed within the second year following the date of the damage or destruction of the original property. (C) One hundred fifteen percent of the amount of the full cash value of the original property if the replacement property is purchased or newly constructed within the third year following the date of the damage or destruction of the original property. For the purposes of this paragraph, if the replacement property is, in part, purchased_and, in part, newly constructed, the date the "replacement property is purchased or newly constructed" is the date of the purchase or the date of completion of new construction, whichever is later. For purposes of this paragraph, "full cash value of the original property" shall be the total amount of the full cash value of land and improvements immediately prior to its substantial damage or destruction, as determined by the county assessor of the county in which the property is located. (4) "Original property" means a building, structure, or other shelter constituting a place of abode, whether real property or personal property, that is owned and occupied by a claimant as his or her principal place of residence, and any land owned by the claimant on which the building, structure, or other shelter is situated, that has been substantially damaged or destroyed by a disaster, as declared by the Governor. For purposes of this paragraph, land constituting a part of original property includes only that ORDINANCE NO. 94-56 2 area of reasonable size that is used as a site for a residence, and "land owned by the claimant" includes land for which the claimant either holds a leasehold interest described in subdivision (c) of Section 61 of the Revenue and Taxation Code or a land purchase contract. For purposes of this paragraph, each unit of a multiunit dwelling shall be considered a separate original property. (5) "Owner or owners" means an individual or individuals, but does not include any firm, partnership, association, corporation, company, other legal entity or organization of any kind. (6) "Replacement property" means a building, structure, or other shelter, or other personal property, that is owned and occupied by a claimant as his or her principal place of residence, and any land owned by the claimant on which the building, structure, or other shelter is situated. For purposes of this paragraph, land constituting a part of the replacement dwelling includes only that area of reasonable size that is used as the site for a residence, and "land owned by the claimant" includes land for which the claimant either holds a leasehold interest described in subdivision (c) of Section 61 of the Revenue and Taxation Code or a land purchase contract. For purposes of this paragraph, each unit of a multiunit dwelling shall be considered a separate replacement dwelling. (7) "Substantially damaged or destroyed" means property that sustains physical damage amounting to more than 50 percent of value when the total full cash value of land and improvements after the disaster is compared to the total full cash value of land and improvements immediately prior to the disaster. Damage includes a diminution of value in the value of property as a result of restricted access to the property where the restricted access was caused by the disaster and is permanent in nature. (Ord 94-56, Sec. 1.) Section 66-7.404 Transfer of Base Year Values. Upon meeting the requirements of this Chapter, the base year value of original property located in another county in California will be transferred to a comparable replacement property, including land, of equal or lesser value in Contra Costa County, when the replacement property is acquired or newly constructed by the owner of the original property within three years after the original property is substantially damaged or destroyed. The base year value transferred shall be the base year value of the original property, as determined in accordance with Section 110.1 of the Revenue and Taxation Code, with the adjustments permitted by subdivision (b) of Section 2 of Article XIIIA of the California Constitution and subdivision (f) of Section 110.1, determined as of the date immediately prior to the date that the original property was substantially damaged or destroyed. The base year value of the original property shall also include any inflation factor adjustments permitted by subdivision (f) of Section 110.1 for the period subsequent to the ORDINANCE NO. 94-56 3 date of the substantial damage to, or destruction of, the original property and up to the date the replacement property is acquired or newly constructed. The base year or years used to compute the base year value of the original property shall be deemed to be the base year or years of any property to which that base year value is transferred pursuant to this Chapter. (Ord. 94-56, Sec. I.) Article 66-7.6 Procedures. Section 66-7.602 Claims for transfer of base year value. Claims for transfers of base year value under this Chapter shall be filed with the Assessor, on forms prescribed or approved by the State Board of Equalization or the Assessor for this purpose. The Assessor will make claim forms available to prospective claimants. Only the owner or owners of property substantially damaged or destroyed in another county, who thereafter obtain title to comparable replacement property in this County, may apply for or receive relief under this Chapter. The acquisition of an ownership interest in a legal entity that, directly or indirectly, owns real property is not an acquisition of comparable replacement property for purposes of this Chapter. (Ord. 94-56, Sec. I.) Section 66-7.604 Determination of comparability of original property. In determining whether the replacement property in this County is of equal or lessor value when compared to the original property, the full cash value of the original property immediately prior to the substantial damage or destruction shall be determined by the assessor of the county in which the original property is located, and that determination shall be accepted by the Assessor of Contra Costa County. (Ord. 94-56, Sec. l.) Section 66-7.606 Base year value to be transferred. The base year value to be transferred under the provisions of this Chapter shall be determined by the Assessor of the county in which the original property is located, and that value shall. be accepted by the assessor of Contra Costa County. (Ord. 94-56, Sec. I.) Section 66-7.608 Determination of the percent of damage. The assessor of the county in which the original property is located shall determine the total full cash value of land and improvements after the disaster and the total full cash value of land and improvements immediately prior to the disaster. The Assessor of Contra Costa County shall make the determination of whether the original property has sustained damage amounting to more than 50% of the total full cash value of land and improvements immediately prior to the disaster by accepting the values determined by the assessor of the county in which the original property is located. (Ord. 94-56, Sec. I.) ORDINANCE NO. 94-56 4 Section 66-7.610 Charqes incurred by assessor. Pursuant to the provisions of Section 54985 of the Government Code, the Assessor shall as a condition of the transfer of base year value impose a reasonable charge for the costs of processing the transfer. The charge shall be determined by resolution of the board of supervisors and shall not exceed two hundred fifty dollars for each transfer. The transfer of base year value shall not be effected unless and until the charge is paid in full to the assessor. (Ord. 94-56, Sec. I.) Article 66-7.8 Refunds. Section 66-7.802 Refunds. Upon approval by the Assessor of a claim filed under this Chapter, the base year value transferred from the original property as specified in this Chapter shall be entered upon the assessment roll, and the appropriate corrections and cancellations of prior values and taxes shall be processed so that the owner of the comparable replacement property receives a refund of taxes to the extent that the taxes previously assessed and paid exceed the taxes due for the corrected base year value for all applicable tax years. (Ord. 94-56, Sec. I.) Section 66-7.804 Limitation of relief under subsection (c) of Section 70 of the Revenue and Taxation Code. Any owner of property receiving relief under this Chapter shall not be eligible for property tax relief under subsection (c) of Section 70 of the Revenue and Taxation Code in the event the original property is reconstructed. (Ord. 94-56, Sec. I.) Article 66-7.10 Operative Period Section 66-7.1002 Operative period of this Chapter. This Chapter shall apply,to qualifying replacement property purchased or newly constructed in Contra Costa County after October 20, 1991, and to the determination of base year values for the 1991-2 tax year and each tax year thereafter. The provisions of this Chapter shall remain operative until repealed by ordinance adopted by this Board. (Ord. 94-56, Sec. I.) SECTION II: EFFECTIVE DATE This Ordinance shall become effective 30 days after adoption and, within 15 days of passage, shall be published once, with the names of Supervisors voting for and against it, in the Contra Costa Times, a newspaper of general circulation published in this County. ORDINANCE NO. 94-56 5 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on August_1_6., 1994 by the fol lowing vote AYES: Supervisors Smith, Bishop, De Saulnier, Torlakson and Powers NOES: None ABSENT: None Board Chair ATTEST: PHIL BATCHELOR, Clerk of the Board f Su ervisor and County Administrator By: D D puty c:p171 ord.doc ORDINANCE NO. 94-56 6