Code Section Group

Water Code - WAT

DIVISION 15. RECLAMATION DISTRICTS [50000 - 53901]

  ( Division 15 added by Stats. 1951, Ch. 336. )

PART 7. ASSESSMENTS [51200 - 51894]

  ( Part 7 added by Stats. 1951, Ch. 336. )

CHAPTER 4. Delinquency Sales [51600 - 51656]

  ( Chapter 4 added by Stats. 1951, Ch. 336. )

ARTICLE 2. Delinquency Sales on Bonded Assessments [51630 - 51654]
  ( Article 2 added by Stats. 1951, Ch. 336. )

51630.
  

When any installment of an assessment called to pay principal and interest on bonds is delinquent, the county treasurer shall publish once a week for two weeks in a newspaper of general circulation published in each county in which any of the delinquent land is situated a notice of all the delinquencies.

(Added by Stats. 1951, Ch. 336.)

51631.
  

If no newspaper of general circulation is published in the county where the delinquent land is situated, publication shall be made in a newspaper published in an adjoining county.

(Added by Stats. 1951, Ch. 336.)

51632.
  

The notice shall contain:

(a) A description of each parcel on which the installment is delinquent, as the description appears on the assessment list or by reference number as set forth in the assessment list on file in the office of the county treasurer (stating the date and time the list was filed) or by other appropriate reference thereto sufficient to identify the parcel, and shall refer to the list for further particulars.

(b) The name of the person to whom the installment is assessed, or a statement that it is assessed to unknown owners if such is the fact.

(c) The amount of the delinquent installment, interest, and penalty due on each parcel.

(d) A notice that each of the parcels will be sold at public auction by the county treasurer in front of the courthouse of the principal county, at a specified day and hour.

(Amended by Stats. 1953, Ch. 802.)

51633.
  

If the notice is published in more than one county, each respective notice need include only the matters and things provided in Section 51632 in reference to the delinquent parcel located in the county in which the notice is published.

(Added by Stats. 1951, Ch. 336.)

51634.
  

The date of the sale shall not be less than 30 nor more than 60 days from the date of delinquency.

(Added by Stats. 1951, Ch. 336.)

51635.
  

The county treasurer may continue the sale from day to day by written notice posted at the place of sale to a day not later than the due date of bond principal or interest next following the date of the call.

(Added by Stats. 1951, Ch. 336.)

51636.
  

The county treasurer shall sell each parcel described in the notice to the highest bidder at the time stated in the notice, or at the time to which the sale is postponed, unless prior thereto he has received payment in full of the delinquent installment and penalty.

(Added by Stats. 1951, Ch. 336.)

51637.
  

The county treasurer shall not accept any bid for any parcel less than the aggregate sum then due on the installment thereon, with penalty.

(Added by Stats. 1951, Ch. 336.)

51638.
  

Payment for parcels purchased at the sale shall be made in cash or in bonds or interest coupons of the district issued on the assessment and then matured or to mature within 60 days after the sale.

(Added by Stats. 1951, Ch. 336.)

51639.
  

Bonds or interest coupons tendered in payment for a parcel purchased at a delinquency sale, or the redemption of such a parcel, pursuant to this article shall be accepted at face value.

(Added by Stats. 1951, Ch. 336.)

51640.
  

Any bond or coupon received in payment for a parcel purchased at the delinquency sale shall be canceled forthwith by the county treasurer and filed in his office.

(Added by Stats. 1951, Ch. 336.)

51641.
  

If the entire amount of a bond or coupon tendered in payment for a parcel at the delinquency sale is not required to complete payment of the purchase money, the county treasurer shall endorse thereon as paid, the amount of the purchase money credited thereon.

(Added by Stats. 1951, Ch. 336.)

51642.
  

If no bid is made for a parcel equal to the amount of the installment delinquent thereon with penalty, the county treasurer shall sell the parcel to himself, as trustee for the district, for the amount of the installment, interest and penalty.

(Added by Stats. 1951, Ch. 336.)

51643.
  

Except as otherwise provided in Section 51644 all money derived from sale of land for delinquent installments of assessments on which bonds have been issued, or from redemption thereof, or from sale of lands bought by the county treasurer at any such sale, shall be paid into the county treasury and credited to the bond fund of the district.

(Added by Stats. 1951, Ch. 336.)

51644.
  

After crediting the amount due on the parcel, as shown in the notice of sale, to the bond fund, the county treasurer shall pay to the owner of the parcel any surplus remaining.

(Added by Stats. 1951, Ch. 336.)

51645.
  

The county treasurer shall execute to each purchaser, including himself, a certificate of sale, a duplicate of which shall be recorded in the county recorder’s office of the county in which the land is situated.

(Amended by Stats. 1959, Ch. 51.)

51646.
  

Any person interested in the parcel may redeem it within one year after the date of sale, by paying to the county treasurer for the purchaser a sum equal to the purchase price stated in the certificate with interest thereon at the rate of 11/2 percent per month from the date of sale to that redemption, either in whole or in part, in cash or in bonds of the district, or their interest coupons, issued on the assessment and then matured, or to mature within 60 days from the date of payment.

(Amended by Stats. 1990, Ch. 417, Sec. 9.)

51647.
  

If no redemption is made within one year, the treasurer, upon demand and surrender of the certificate of sale, shall execute to the purchaser, his heirs or assigns, or to himself as trustee of the district if the property was sold to him, a deed to the parcel described in the certificate, conveying the parcel free and clear of all encumbrances except any portion of any reclamation assessment remaining unpaid at the date of the sale.

(Added by Stats. 1951, Ch. 336.)

51648.
  

The deed shall be prima facie evidence of the truth of the matters therein recited, and of ownership by the grantee of the lands therein described.

(Added by Stats. 1951, Ch. 336.)

51649.
  

Each installment of an assessment remaining unpaid at the time of the delinquent sale may be called and collected in the manner provided in this part, except that no parcel sold and conveyed to the county treasurer as trustee for the district at the delinquency sale shall, during the period so held, be sold by the county treasurer for delinquent installments.

(Amended by Stats. 1953, Ch. 802.)

51650.
  

If a call of an assessment on any parcel sold to the county treasurer as trustee for the district becomes delinquent during the redemption period the parcel shall be again sold as provided in this article, but only to the county treasurer as trustee for the district, for the amount of the subsequent delinquent installment, interest, and penalty.

(Amended by Stats. 1953, Ch. 802.)

51652.
  

When the parcel is redeemed a certificate of redemption shall be issued by the county treasurer to the redemptioner, and the certificate shall be recorded in the office of the county recorder.

(Amended by Stats. 1959, Ch. 51.)

51653.
  

If, prior to the redemption, the parcel has been sold at a delinquency sale, the money paid by the purchaser at such sale shall be refunded to him upon redemption of the parcel.

(Added by Stats. 1953, Ch. 803.)

51654.
  

No sale, certificate of sale, or deed made for a valid delinquent assessment shall be adjudged invalid, unless the amount of the delinquent assessment, penalties, interest, and costs has been refunded to the purchaser of the parcel.

(Added by Stats. 1953, Ch. 803.)

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