CALIFORNIA CODES
GOVERNMENT CODE Section 53754
53754. (a) The legislative body collecting assessment installments
to secure bonds issued pursuant to the Improvement Bond Act of 1915
(Division 10 (commencing with Section 8500) of the Streets and Highways
Code) shall designate an office, department, or bureau of the local
agency that shall be responsible for annually preparing the current
tax roll of assessment installment obligations by assessor's
parcel number on property within the assessment district. The designated
office, department, or bureau shall be the same office, department,
or bureau that prepares the "NOTICE OF SPECIAL TAX" required
by Section 53340.2. If notice is required under both this section
and Section 53340.2, the notices shall, to the extent
feasible, be combined into a single notice document. The designated
office, department, or bureau shall establish procedures to promptly
respond to inquiries concerning installments on the current tax
roll. Neither the designated office, department, or bureau, nor
the legislative body, shall be liable if any estimate of assessment
installments on the current tax roll is inaccurate, nor for any
failure of any seller to request a Notice of Special Assessment
or to provide the notice to a buyer.
(b) For purposes of enabling sellers of real property subject to
the levy of assessments to satisfy the notice requirements of subdivision
(b) of Section 1102.6 of the Civil Code, the designated office,
department, or bureau shall furnish a Notice of Assessment to
any individual requesting the notice or any owner of property subject
to an assessment levied by the local agency within five working
days of receiving a request for such notice. The local agency may
charge a reasonable fee for this service not to exceed ten
dollars ($10).
(c) The notice shall contain the heading "NOTICE OF SPECIAL
ASSESSMENT" in type no smaller than 8-point type, and shall
be in substantially the following form. The form may be modified
as needed to clearly and accurately present the required information
or to consolidate information about two or more assessment districts
that
collect installments of assessments with respect to the lot, parcel,
or unit. The notice shall be completed by the designated office,
department, or bureau except for the signatures and date of signing:
NOTICE OF SPECIAL ASSESSMENT
ASSESSMENT DISTRICT NO.____ OF
(CITY) (COUNTY) (SPECIAL DISTRICT), CALIFORNIA
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
Assessor's Parcel Number:_______
Street Address:_________________
_____________________________.
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR PURCHASING THIS PROPERTY.
This property is within the above-named assessment district. The
assessment district has issued bonds to finance the acquisition
or construction of certain public improvements that are of direct
and special benefit to property within the assessment district.
The
bonds will be repaid from annual assessment installments on property
within the assessment district. This property is subject to annual
assessment installments of the
assessment district that will appear on your property tax bills,
but which are in addition to the regular property taxes and any
other charges and levies that will be listed on the property tax
bill. If you fail to pay assessment installments when due each year,
the
property may be foreclosed upon and sold. The annual assessment
installment against this property as shown on the most recent tax
bill for the ____-____ tax year is ____ dollars ($____). Assessment
installments will be collected each year until the assessment bonds
are repaid. The public facilities that are being paid for by the
money received from the sale of bonds that are being repaid by the
assessments, are:
(LIST)
These facilities may not yet have all been constructed or acquired
and it is possible that some may never be constructed or acquired.
YOU SHOULD TAKE THIS ASSESSMENT AND THE BENEFITS FROM THE PUBLIC
FACILITIES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO
BUY THIS PROPERTY.
YOU MAY OBTAIN A COPY OF THE RESOLUTION CONFIRMING ASSESSMENTS THAT
SPECIFIES MORE PRECISELY HOW THE ASSESSMENTS ARE PPORTIONED AMONG
PROPERTIES IN THE ASSESSMENT DISTRICT FROM THE ____ (name of jurisdiction)
BY CALLING ____ (telephone number). THERE MAY BE A CHARGE FOR THIS
DOCUMENT NOT TO EXCEED THE ESTIMATED REASONABLE COST OF PROVIDING
THE DOCUMENT.
I (WE) ACKNOWLEDGE THAT I (WE) HAVE RECEIVED A COPY OF THIS
NOTICE. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE ONTRACT
TO PURCHASE OR DEPOSIT RECEIPT AFTER RECEIVING THIS NOTICE FROM
HE OWNER OR AGENT SELLING THE PROPERTY. THE CONTRACT MAY BE ERMINATED
WITHIN THREE DAYS IF THE NOTICE WAS RECEIVED IN PERSON OR ITHIN
FIVE DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN OTICE
OF THAT TERMINATION TO THE OWNER OR AGENT SELLING THE ROPERTY.
DATE:_______________________
____________________________
Buyer
____________________________
Buyer
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