Article 2. Delinquency Sales On Bonded Assessments of California Water Code >> Division 15. >> Part 7. >> Chapter 4. >> Article 2.
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.
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.
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.
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.
The date of the sale shall not be less than 30 nor more than
60 days from the date of delinquency.
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.
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.
The county treasurer shall not accept any bid for any parcel
less than the aggregate sum then due on the installment thereon,
with penalty.
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.
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.
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.
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.
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.
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.
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.
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.
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 1 1/2 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.
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.
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.
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.
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.
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.
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.
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.