4837.5
. (a) Notwithstanding any other provision of law, taxes due,
whether secured or unsecured, on escape assessments for prior fiscal
years may be paid over a four-year period at the option of the
assessee if: (1) the additional tax is over five hundred dollars
($500), and (2) a written request for installment payment is filed by
the assessee with the tax collector prior to the time the second
installment of taxes on the secured roll becomes delinquent, or by
the last day of the month following the month in which the tax bill
is mailed, whichever is later. The tax collector shall include with
the property tax bill a notice of the payment provisions of this
section. For unsecured taxes, the written request for installment
payment shall be filed with the tax collector prior to the date on
which those taxes become delinquent.
(b) If payment by installments is requested, 20 percent or more of
the tax shall be paid no later than the deadline for filing the
written request. The current taxes and prior year taxes with
penalties and costs thereon shall be paid with or prior to the
initial installment payment. In each succeeding fiscal year, the
assessee shall pay, before the delinquency date of the second
installment of current taxes on the secured roll, all current year
taxes, and a sum at least sufficient to reduce the outstanding
balance of the tax by 20 percent of the original amount. In the case
of unsecured taxes, the required annual installment shall be paid on
or before August 31.
(c) Interest at the rate of three-fourths of 1 percent per month,
starting with the month following the date of the deadline for filing
the written request, shall be applied to the outstanding balance, on
the first day of the month, if the escape or underassessment was
due, in whole or in part, to the error, omission, or other fault of
the assessee. If the first day of any month falls on a Saturday,
Sunday, or legal holiday, the next additional three-fourths of one
percent of interest shall be applied to the outstanding balance on
the next business day.
(d) No additional penalties shall be charged as long as
installment payments are made timely; and, in the case of secured
taxes, as long as all payments are made timely, an affidavit
regarding the property shall not be published pursuant to Section
3371.
(e) If any installment is not paid timely, or if the property on
the secured roll becomes tax defaulted, or if the property changes
ownership, or if taxes for the property on the unsecured roll are not
paid before becoming delinquent, the balance of the tax remaining to
be paid shall immediately become due and payable, and no further
installment payments for that escape assessment or correction shall
be authorized. The tax collector shall inform the auditor of the
defaulted, off-roll installment plan and of the delinquent amount
remaining unpaid. With regard to property on the secured roll that
has not become tax defaulted, or property on the unsecured roll that
has not become delinquent, in the event the payment is missed at the
time the second or subsequent installment is due and the assessee or
agent of the assessee can, by substantial evidence, convince the tax
collector that the payment was not made through any fault of the
assessee, the tax collector may reinstate the account upon receipt of
a payment in an amount reflecting the installment plus interest
under subdivision (c) to the date of reinstatement, provided that the
payment is physically received by the tax collector prior to the
time the property becomes tax defaulted or prior to June 30 of the
current fiscal year, whichever occurs earlier.
(f) The auditor shall add the unpaid balance, plus all penalties
and costs thereon, to the current roll, adjust the tax collector's
charge accordingly, and the remaining balance of the tax shall become
subject to all of the provisions of this division applicable to
delinquent taxes.
(g) The tax collector shall maintain records listing the current
status of all the installment accounts authorized under this section.
The status of each installment account shall be entered on the
current roll and the tax collector may file for record with the
county recorder a certificate pursuant to Section 2191.3.
(h) When the installment account is paid in full before 5 p.m. on
June 30 of the year in which the account has become defaulted and the
tax collector has filed for record a certificate of lien, the tax
collector shall also file for record a release of that lien. Where
the account is not paid in full until after June 30 of the year in
which the account became defaulted, the filings of the certificates
of lien and release of lien shall be subject to recording fees
charged to the taxpayer.
(i) The tax collector may establish a fee for the actual cost of
processing a request to pay escaped assessments in installments.