SECTIONS 37175-37186 - California Statutes

WATER CODE

SECTION 37175-37186

37175. This chapter provides an optional provision for the
redemption, on an installment plan, of property sold to the district
for delinquent assessments. The board may at any time, by resolution,
elect to permit the redemption of property sold to the district for
delinquent assessments according to the provisions of this chapter.
The board may at any time thereafter, by further resolution,
terminate such election, but no such termination shall affect a
redemption plan then in effect.

37176. As used in this chapter:
(a) "Redemption amount" means the total amount which would be
necessary to redeem the property from sale for delinquent assessments
at the time election is made to pay delinquent assessments in
installments under this chapter.
(b) "Balance of the redemption amount" is the amount equal to the
difference between the redemption amount and the total of the
portions previously paid which portions were paid as a part of the
redemption amount.
(c) "Redemptioner" is the person whose estate has been sold, or
his successor in interest.

37177. During such time as the provisions of this chapter are
effective in the district pursuant to a resolution adopted under
authority of Section 37175, any person may elect to pay delinquent
assessments in installments under this chapter at any time before a
collector's deed of the property has been delivered, except that if
payment of delinquent assessments has been started under this chapter
and the amount required to be paid in any fiscal year is not paid as
required by this chapter, payment in installments may not again be
started with respect to the same delinquent assessments.

37178. During the time payments are made under this chapter, there
shall not be:
(a) Delivery of a collector's deed.
(b) Any termination of the right of redemption.

37179. Election to pay delinquent assessments in installments is
made by payment, in the same manner as a redemption, of 33 1/3
percent, or more, of the redemption amount. All current assessments,
with penalties thereon, due or coming due for the fiscal year in
which this first payment is made shall be paid before the delinquency
date of the last installment of current assessments, except that if
the election to pay delinquent assessments in installments is made on
or after the delinquency date of the last installment of current
assessments for any fiscal year, the current assessments, with
penalties thereon, shall be paid with or prior to the installment
payment.

37180. In each succeeding fiscal year, the redemptioner shall pay
all current assessments and penalties coming due in that fiscal year
before the delinquency date of the last installment of current
assessments.

37181. In each succeeding fiscal year, the redemptioner shall pay,
before the delinquency date of the last installment of current
assessments, the sum of the following:
(a) That amount which is computed to be not less than the
difference between the amounts previously paid under the provisions
of this chapter, excepting amounts paid as interest, and:
(1) 66 2/3 percent of the redemption amount when the payment is
made during or prior to the first fiscal year following the year in
which election was made to pay delinquent assessments in
installments.
(2) 100 percent of the redemption amount when the payment is made
during or prior to the second fiscal year following the year in which
election was made to pay delinquent assessments in installments.
(b) Interest, computed at the rate of three-fourths of 1 percent
per month accruing on the first day of each month following the
preceding payment, on the balance of the redemption amount.
Payments under this section shall be computed and paid in the same
manner as a redemption, and the receipts for such payment shall show
that the payments are for the use of the real estate under this plan
for payment of delinquent assessments in installments.

37182. If all payments are not made on or before the dates
prescribed, a collector's deed of the property may be delivered and
the right of redemption may be terminated in the same manner as if no
election to pay delinquent assessments in installments had been
made.

37183. Payments under this chapter are not a redemption or partial
redemption and do not affect the district's interest in the real
estate. The payments are compensation for the use of the real estate.

37184. If all payments under this chapter are made as prescribed
and if redemption of the property is made before the delinquency date
of the last installment of current assessments in the second fiscal
year succeeding the fiscal year when the first payment was made, the
amount necessary to redeem the property is the balance of the
redemption amount with interest on such balance three-fourths of 1
percent accruing on the first day of each month following the last
preceding payment to the date of redemption. When redemption is made
under this section, no credit shall be allowed for amounts previously
paid or credited.

37185. The redemption certificate for a redemption under this
chapter shall show the following:
(a) The amounts used to arrive at the redemption amount at the
time of an election to pay delinquent assessments in installments.
(b) The portions of the redemption amount and interest previously
paid, including all credits allowed.
(c) The portion of the redemption amount and interest required to
make the redemption.

37186. Excepting as provided in this chapter, the redemption shall
be made in the manner provided by Chapter 6 (commencing with Section
37150) of this part.