SECTIONS 51600-51618 - California Statutes

WATER CODE

SECTION 51600-51618

51600. (a) After any installment of an unpaid assessment on which
bonds have not been issued has become delinquent, the county
treasurer may, only upon the request of the district, publish once a
week for two weeks in a newspaper of general circulation published in
each county where delinquency exists a notice containing a list of
all delinquencies in the county. At the same time as the publication,
the county treasurer shall mail the notice to the last known address
of the property owner, as shown on the latest county tax roll.
(b) No property may be sold pursuant to this article in the
absence of publication and notice to the owner pursuant to
subdivision (a).

51601. The notice shall contain the following:
(a) A description of the parcels assessed, as described in the
assessment list or operation and maintenance assessment roll or by
reference number as set forth in the assessment list or roll on file
in the office of the county treasurer (stating the date and time the
list or roll was so filed), or by other appropriate reference thereto
sufficient to identify the parcel, and shall refer to the assessment
list or roll for further particulars.
(b) The name of the person to whom the parcel is assessed or a
statement that it is assessed to unknown owners if that is the case.
(c) The amount of the delinquent installment, interest, and
penalty due on the parcel calculated from the date of the call to the
date of the sale if the delinquency is on an original unbonded
assessment or from the date of delinquency to the date of sale if the
delinquency is on an installment of an operation and maintenance
assessment, together with a fee, to be determined by the district and
the county treasurer, not to exceed the amount necessary to cover
the costs incurred by the district and the county treasurer in
conducting the sale.
(d) A notice that the parcel assessed will be sold by the county
treasurer on the date therein stated, in front of the courthouse of
the principal county to pay the amount of the installment with
accrued interest, penalty, and costs.
(e) A notice that the sale may be avoided by payment prior thereto
of the delinquent installment, penalty, and interest to the date of
sale, plus a fee, to be determined by the district and the county
treasurer, not to exceed the amount necessary to cover the costs
incurred.

51602. The date of the sale shall be not less than 10 days after
the date of the last publication of the notice.

51603. The county treasurer may postpone the sale for not less than
10 nor more than 30 days at any one time by a written notice posted
at the place of sale.

51604. If, for any reason, a parcel upon which an assessment or any
installment thereof is delinquent in whole or in part is not sold at
the time or place specified in the notice of sale or to which the
sale was postponed, the county treasurer shall publish a new notice
of sale and sell the parcel in the manner provided herein for
delinquent sales.

51605. At the time of the sale, the county treasurer shall sell the
parcel to himself or herself and his or her successors in office, as
trustee for the district, for the amount due on the installment,
accrued interest, penalty, and costs.

51606. If more than one installment of an assessment or more than
one assessment on the same parcel is delinquent at the time of the
sale, the county treasurer may sell the parcel for the total amount
of all installments and assessments then delinquent on the parcel in
one sale.

51607. The owner of any parcel offered for sale to pay a delinquent
assessment or installment thereof may designate in writing to the
county treasurer prior to the sale the portion he or she wishes first
sold if less than the whole.

51608. If the owner fails to designate the portion of the parcel he
or she wishes sold for a delinquent assessment, the county treasurer
may sell the whole or the least portion of the land that will bring
the amount due for the assessment, accrued interest, penalty and
costs.

51611. A certificate of sale shall be executed by the county
treasurer to the county treasurer, as trustee for the district, and
the certificate of sale shall be recorded in the office of the county
recorder in the county where the parcel described in the certificate
is situated. The district shall reimburse the county treasurer for
any costs incurred pursuant to this section.

51612. The certificate of sale is prima facie evidence that:
(a) The parcel was assessed and the assessment duly apportioned as
required by law.
(b) The assessment was not paid.
(c) Proper notice of the sale was given and published by the
county treasurer.
(d) The sale was had at the time and place specified in the notice
or at the time to which the sale was regularly continued.
(e) All steps and proceedings required to be taken by the county
treasurer to make a valid sale were taken.
(f) The deed thereafter made by the county treasurer, duly
acknowledged, if no redemption is made, shall be prima facie evidence
of the same facts as the certificates.

51612.5. The county treasurer, at least 60 days prior to the
expiration of the redemption period, shall give notice by registered
mail of the fact of sale, the purchase price paid, the date of
termination of the redemption period, and the fact that a failure to
redeem by payment of the purchase price plus interest following the
date of the sale, and plus costs incurred as a result of the sale to
the county treasurer within the redemption period will result in
permanent loss of the property by issuance of a treasurer's deed. The
notice shall be mailed to the owner's last known address as shown on
the last equalized county assessment roll. The notice shall also be
mailed to any other person or entity holding an interest in the
parcel requesting notice by written instrument identifying the parcel
filed with the district office, and mailed to the address specified
in the request. The district may impose a charge for each request.
Notwithstanding Section 51646, if the county treasurer fails to
give the notice, the redemption period set forth in Section 51646
shall be extended to the date 60 days following the date of mailing
of the notice in the manner provided for in this section.

51613. Any person interested in the parcel may redeem it at any
time within one year after the sale by paying to the county treasurer
the amount for which it was sold, with interest thereon at the rate
of 1 1/2 percent per month from the date of the sale, together with
reasonable costs incurred by the county treasurer and the district as
a result of the delinquency sale and redemption.

51614. 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.

51615. If no redemption is made within one year, the district is
entitled to a deed executed by the county treasurer. The district
shall reimburse the county treasurer for any costs incurred pursuant
to this section.

51616. The deed shall convey the parcel free of all liens and
encumbrances excepting any prior or subsequent district assessment.

51616.1. Each installment of an assessment remaining unpaid at the
time of the delinquency 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 installment.

51616.2. If a call on 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.

51617. 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.

51618. If, prior to the redemption, the parcel has been sold at a
delinquency sale, the money paid by the county treasurer at the sale
shall be refunded to him or her upon redemption of the parcel.