SECTIONS 53860-53876 - California Statutes

GOVERNMENT CODE

SECTION 53860-53876

53860. This article may be cited as the "Delinquent Assessment
Acquisition and Sale Law of 1915."

53861. As used in this article, "local agency" means city, county,
municipality, or political subdivision.

53862. To the exclusion of other bidders, a local agency may
acquire any accrued lien, or property required to be sold for
nonpayment of an assessment or delinquency incurred by the nonpayment
of an assessment, if all the following conditions exist:
(a) The local agency has instituted a proceeding for the
construction or maintenance of a public improvement or for the
acquisition of necessary land or property.
(b) The cost of the construction, acquisition, or maintenance of
such improvement or land or property is required by law to be paid
for by an assessment levied upon property benefited by the
improvement pursuant to the law under which the improvement is
constructed, acquired, or maintained.
(c) The law provides for the sale of the property upon which any
such assessment is levied for nonpayment.

53863. The legislative body may designate one of its officers to
act for it at the sale.

53864. A lien or property acquired by a local agency pursuant to
this article may be released, assigned, sold, or otherwise disposed
of by it pursuant to ordinance.

53865. The local agency shall not release, assign, sell or dispose
of any such lien or property unless there is first paid to it a sum
of money at least equal to the total of the amount paid for the lien
or property by it, all accrued penalties and delinquencies, and
necessary expenses incurred.

53866. If after public notice the lien or property cannot be sold
for that total, the legislative body may by a four-fifths vote sell
the lien or property for the best price obtainable.

53867. If by resolution adopted by a four-fifths vote the
legislative body determines that the property cannot be sold for a
sum of money at least equal to the total of the amount paid, all
accrued penalties and delinquencies, and necessary expenses incurred,
the local agency may sell the property or lien for less than such
total but not less than the fair market value of the property or lien
as determined by the legislative body.

53868. The legislative body shall determine the fair market value
of the property or lien and that value is the minimum price
receivable on the sale.

53869. By ordinance or resolution the legislative body may provide
the notice and the procedure of sale by which the lien or property
may be sold and whether the sale shall be for cash or on terms.

53870. The notice shall specify:
(a) The time and place of sale.
(b) The office of the legislative body or clerk thereof where a
description of the property may be ascertained.

53871. The notice shall be published at least once in a newspaper
of general circulation published in the county where is located any
part of the property which, or the lien on which, is to be sold.

53872. The sale shall be not less than twenty-one days after
publication of the notice and shall be at public auction.

53873. On the execution of the deed in a sale for cash or on the
execution of an agreement for sale in a sale on terms, all rights to
redeem the property from delinquency are terminated.

53874. The deed or agreement is prima facie evidence of regularity
of all proceedings from the assessment of the property to and
including the execution of the deed or agreement.

53875. On default of the purchaser in a sale on terms, the right to
redeem is revived.

53876. A local agency may provide and expend a fund or expend money
from the general fund to purchase or acquire an accrued lien or
property required to be sold for the nonpayment of an assessment or a
delinquency incurred by the nonpayment of an assessment.