HomeMy WebLinkAboutORDINANCES - 04181989 - 89-25 v
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Ordinance No. 89-25
AN ORDINANCE OF THE! COUNTY OF CONTRA COSTA,
CALIFORNIA, IMPLEMENTING THE PROVISIONS OF A
STATEWIDE BALLOT MEASURE, ENACTED IN NOVEMBER, 1988,
RELATING TO THE TAXATION OF REPLACEMENT RESIDENCES
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The Board of Supervisors of the County of Contra Costa,
California, does ordain as follows:
Section 1: Chapter 66-101, TAXATION OF REPLACEMENT
RESIDENCES, is hereby added to Division 66 of Title 6 of the
Contra Costa County code, to read as follows:
ARTICLE 66-10.2 Legislative Authority and
Purpose
Section 66-10.202. Purpose and Authority.
In enacting this Article, 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 90,
adopted by the voters of California at the general election
conducted in November of 1988,] in accordance with the provisions
of Revenue and Taxation Code section 69.5 as adopted by the
Legislature in September of 19188.
(Ord. 89-25 , S 1 . )
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ARTICLE 66-12. 2 . Applicability.
Pursuant to the provisions of subdivision (a) of Section 2
of Article XIIIA of the California Constitution, any person who
has attained the age of fifty1five (55) who resides in property
located in another county, which is eligible for the homeowner's
exemption under subdivision (k) of Section 3 of Article XIII of
the California. Constitution and Section 218 of the Revenue and
Taxation Code, may transfer, subject to the conditions,
requirements and limitations contained in Section 69 .5 of the
Revenue and Taxation Code and any amendments thereto, the base
year value of the property in which he or she resides to any
replacement dwelling of equal or lesser value located within
Contra Costa County which is purchased or newly constructed by
that person as his or her principal residence within two (2)
years of the sale of the original property. The reduction in
assessed value shall take effect prospectively from its
implementation. This Ordinance shall apply only to a replacement
dwelling which was purchased or newly constructed on or after the
effective date of this Ordinance.
(Ord. 89-25 , 5 1. )
ARTICLE 66-14 . 2 Procedures.
Section 66-14 . 204 . Claims for Transfer of Base Year value.
All claims for transfers of base year value from original
property located in another county in California shall be
granted, if the claims meet the applicable requirements of both
subdivision (a) of Section 2 of Article XIIIA of the California
Constitution and Section 69.5 of the Revenue and Taxation Code.
All claims for transfers of base year value shall be filed with
the Assessor, on forms prescribed or approved by the State Board
of Equalization for this purpose. The Assessor will make the
claim forms available to prospective claimants.
(Ord. 89-25 , 1. )
Section 66-14 .206 . Determination of Transferred Base Year
Value.
In determining the base year valuation of original property
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located in another county, the base year valuation as determined
by the assessor of such other county shall be accepted by the
Assessor of this county.
(Ord. 89- 25 , S 1 . )
Section 66-14 .208. Determination of Full Cash Value of
Original Property.
In determining whether the full cash value of the
replacement dwelling is of equal or lesser value than the full
cash value of the original dwelling, the Assessor shall use the
fair market value of the original dwelling, for the applicable
date of transfer, as determined by the Assessor of the county of
the original dwelling.
(Ord. 89- 25 , S 1. )
Section 66-14 . 210. Charges Incurred by Assessor.
Pursuant to the provisions of Section 54985 of the
Government Code, there shall be imposed, as a condition of the
transfer of value, a reasonable charge for the costs to determine *
and process the transfer of the homeowner's current assessed
value to his/her replacement Troperty in Contra Costa County.
The charge shall be determined by resolution of the Board of
Supervisors and shall not exceed $150 for each transfer. The
transfer of assessed value shall not be effected unless and until
the charge is paid, in full, to the Assessor.
(Ord. 89- 25 , S 1 . )
ARTICLE 66-16 . 2 Effective Date and Duration
Section 66-16 . 202. Effective Date of this Chanter.
This Chapter shall be effective from and after May 18, 1989,
and shall apply to replacement dwellings in Contra Costa County
which are purchased or newly constructed on or after that date.
The provisions of this Chapter shall remain operative for a
period of at least five (5) years from that date.
(Ord. 89- 25 , S 1 . )
Section 2. Severability. The invalidity of any portion of
this Ordinance shall not affect the validity of any other
portion.
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors of the County of Contra Costa, State of California,
held on the 18th day of April, 1989, by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak, Torlakson.
NOES: None.
ABSENT: None.
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
Phil Batchelor Clerk of the Board of
Supervisors and County Administrator
By �, AA4;tA&1e1—
Deputy
Clerk
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