HomeMy WebLinkAboutOrdinance #1925 ORDINANCE NO. 1925
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING ARTICLE 175 AND ADDING ARTICLE 175 ,
PERTAINING TO REAL PROPERTY TRANSFER TAX
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. Article 175 of the Huntington Beach Ordinance
Code is hereby repealed.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by adding Article 175 to read as follows :
ARTICLE 175
REAL PROPERTY TRANSFER TAX
1750 . TITLE AND PURPOSE. This article may be cited as
the "Real Property Transfer Tax Ordinance of the City of Huntington
Beach. "
The tax imposed under this article is solely for the purpose
of raising income and revenue which is necessary to pay the usual
and current expenses of conducting the municipal government of
the City of Huntington Beach.
1751. IMPOSITION OF TAX. There is hereby imposed a tax
on all transfers by deeds , instruments , writings or any other
document by which any lands , tenements or other interests in
real property sold, located in the City of Huntington Beach, are
or is granted, assigned, transferred or otherwise conveyed to
or vested in a purchaser, or purchasers thereof, or any other
person or persons, by his or their direction. Said tax shall
be levied at the rate of one-half of one percent of the value
of consideration.
1752. DEFINITIONS . The term "value of consideration"
means the total consideration, valued in money of the United
States , paid or delivered, or contracted to be paid or delivered
in return for the transfer of real property, including the amount
of any indebtedness existing immediately prior to the transfer
which is secured by a lien, deed of trust or other encumbrance
on the property conveyed and which continues to be secured by
such lien, deed of trust or encumbrance after said transfer,
MHM:er 1.
and also including the amount of any indebtedness which is
secured by a lien, deed of trust or encumbrance given or placed
upon the property in connection with the transfer to secure the
payment of the purchase price or any part thereof which remains
unpaid at the time of transfer. "Value of the consideration"
also includes the amount of any special assessment levied or
imposed upon the property by a public body, district or agency,
where said special assessment is a lien or encumbrance on the
property and the purchaser or transferee agrees to pay such
special assessment or takes the property subject to the lien
of such special assessment . The value of any lien or encum-
brance of a type other than those which are hereinabove speci-
fically included, existing immediately prior to the transfer
and remaining after said transfer, shall not be included in
determining the value of the consideration. If the "value of
the consideration" cannot be definitely determined, or is left
open to be fixed by future contingencies , "value of the consi-
deration" shall be deemed to mean the fair market value of the
property at the time of transfer, after deducting the amount of
any lien or encumbrance, if any, of a type which would be excluded
in determining the "value of the consideration" pursuant to the
above provisions of this section.
As used in this article, the terms "real property" and
"realty" shall be deemed to mean real property as defined by
and under the laws of the State of California.
1753. PERSON ON WHOM TAX IMPOSED. Any persons who make
a transfer which is subject to the tax imposed under Section 1751
of this article, and any persons to whom such a transfer is made,
shall be jointly and severally liable for payment of the tax
imposed under said Section 1751; provided, however, that the
United States , State of California, any city, county, city and
county , district or any other political subdivision of the
State of California shall be exempt from any liability for
the tax imposed herein.
1754. EXCEPTIONS . The tax imposed by Section 1751 hereof
shall not apply to :
(a) Any transfer made solely to secure a debt; provided,
however, that nothing herein contained shall be deemed to exclude
the amount of any such indebtedness from being included in the
"value of consideration, " pursuant to Section 1751 in connection
with transfers which are not made solely to secure a debt;
(b ) Transfers to make effective any plan of corporate
reorganization or adjustment/
(1) Confirmed under the Bankruptcy Act, as amended;
(2 ) Approved in an equity receivership proceeding in
a court involving a railroad corporation as defined in
Section 77 (m) of the Bankruptcy Act , as amended;
2.
(3) Approved in an equity receivership proceeding
in a court involving a corporation, as defined in Section
106 (3) of the Bankruptcy Act, as amended:
(c) Any transfer of property from one spouse to the other
in accordance with the terms of a decree of dissolution or in
fulfillment of a property settlement incident thereto; provided,
however, that such property was acquired by the husband and wife
or husband or wife prior to the final decree of dissolution.
(d) Transfer or transfers , conveyance, lease or sublease
without consideration which confirm or correct a deed previously
recorded or filed.
(e ) Transfer to or between the United States, State of
California, any city , county, city and county, district or any
other political subdivision of the State of California and trans-
fer executed pursuant to eminent domain proceedings by the
United States , State of California, any city, county, city and
county, district or other political subdivision of the State of
California.
(f) Transfers made pursuant to any order by the court in
any mortgage or lien foreclosure proceeding or upon execution of
a judgment, or a transfer in lieu of foreclosure .
(g) Transfers recorded prior to the effective date of this
article .
(h) (1) In the case of real property held by a partner-
ship , the tax imposed shall not apply by reason of any
transfer of an interest in a partnership or otherwise,
if:
(i) Such partnership is considered as a
continuing partnership within the meaning of Section
708 of the Internal Revenue Code of 1954, and
(ii) Such continuing partnership continues
to hold the real property concerned.
(2 ) If there is a termination of any partnership
within the meaning of Section 708 of the Internal Revenue
Code of 1954 , for purposes of this article, such partner-
ship shall be treated as having executed an instrument
whereby there was transferred, for fair market value,
all realty held by such partnership at the time of such
termination.
(3) Not more than one tax shall be imposed pursuant
to this article by termination described in subdivision
(h) (2) , and any transfer pursuant thereto, with respect
to the real property held by such partnership at the time
of such termination.
3•
(i) The making or delivery of conveyances
to make effective any order of the Securities
and Exchange Commission, as defined in subdivision
(a) of Section 1083 of the Internal Revenue Code
of 1954, but only if:
(1) The order of the Securities and
Exchange Commission, in obedience to which such
conveyance is made , recites that such conveyance
is necessary or appropriate to effectuate the
provisions of Section 79K of Title 15 of the
United States Code , relating to the Public Utility
Holding Company Act of 1935;
(2) Such order specifies the property
which is ordered to be conveyed;
(3) Such conveyance is made in obedience
to such order.
1755 . ADMINISTRATION OF TAX. The Director of Finance of
the City of Huntington Beach (hereinafter in this article referred
to as "Director" ) shall collect the tax imposed under this article
and shall otherwise administer this article . He may make such
rules and regulations , not inconsistent with this article, as he
may deem reasonably necessary or desirable to administer this
article as well as necessary forms and receipts .
1756 . DUE DATES, DELINQUENCIES, PENALTIES, INTEREST. The
tax imposed under this article is due and payable at the time the
deed, instrument or writing effecting a transfer subject to the
tax is delivered, and is delinquent if unpaid at the time of re-
cordation thereof. In the event that the tax is not paid prior
to becoming delinquent, a delinquency penalty of ten percent (10%)
of the amount of tax due shall accrue . In the event a portion
of the tax is unpaid prior to becoming delinquent , the penalty
shall only accrue as to the portion remaining unpaid. An addi-
tional penalty of ten percent (10%) shall accrue if the tax re-
mains unpaid on the 90th day following the date of the original
delinquency . Interest shall accrue at the rate of one-half of
one percent a month, or fraction thereof, on the amount of tax,
exclusive of penalties , from the date the tax becomes delinquent
to the date of payment . Interest and penalty accrued shall become
part of the tax.
1757. DECLARATION MAY BE REQUIRED. The tax imposed by this
article shall be paid to the Director by the persons referred to
in Section 1753. The Director shall have the authority as part
of any rules and regulations promulgated by him as provided for
herein to require that the payment shall be accompanied by a
declaration of the amount of tax due signed by the person paying
the tax or by his agent . The declaration shall include a state-
ment that the value of the consideration on which the tax due was
computed includes all indebtedness secured by liens , deeds of
4 .
trust, or other encumbrances remaining or placed on the
property transferred at the time of transfer, and also
includes all special assessments on the property which the
purchaser or transferee agrees to pay or which remains a lien
on the property at the time of transfer. The declaration shall
identify the deed, instrument or writing effecting the transfer
for which the tax is being paid. The Director may require de-
livery to him of a copy of such deed, instrument or writing
whenever he deems such to be reasonably necessary to adequately
identify such writing or to administer the provisions of this
article . The Director may rely on the declaration as to the
amount of the tax due provided he has no reason to believe
that the full amount of the tax due is not shown on the declara-
tion.
Whenever the Director has reason to believe that the full
amount of tax due is not shown on the declaration or has not been
paid, he may, by notice served upon any person liable for the tax,
require him to furnish a true copy of his records relevant to the
value of the consideration or fair market value of the property
transferred. Such notice may be served at any time within three
(3) years after recordation of the deed, instrument or writing
which transfers such property .
1758 . DETERMINATION OF DEFICIENCY. If on the basis of such
information as the Director receives pursuant to the last para-
graph of Section 1757 and/or on the basis of such other relevant
information that comes into his possession, he determines that
the amount of tax due as set forth in the declaration, or as
paid, is insufficient, he may recompute the tax due on the basis
of such information.
If the declaration required by Section 1757 is not submitted,
the Director may make an estimate of the value of the consideration
for the property conveyed and determine the amount of tax to be
paid on the basis of any information in his possession or that
may come into his possession.
One or more deficiency determinations may be made of the
amount due with respect to any transfer.
s i
1759 . NOTICE OF DETERMINATION. The Director hall give
written notice to a person liable for payment of the tax imposed
under this article of his determination made under Section 1758.
Such notice shall be given within three ( 3) years after the re-
cordation of the deed, instrument or writing effecting the trans-
fer on which the tax deficiency determination was made .
1760. MANNER OF GIVING NOTICE. Any notice required to be
given by the Director under this article may be served personally
or by mail; if by mail, service shall be made by depositing the
notice in the United States mail, in a sealed envelope with
postage paid, addressed to the person on whom it is to be served
5 •
at his address as it appears in the records of the City or as
ascertained by the Director. The service is complete at the
time of the deposit of the notice in the United States mail,
without extension of time for any reason.
1761. PETITION FOR REDETERMINATION. Any person against
whom a determination is made under this article or any person
directly interested may petition the Director for a redetermina-
tion within sixty (60 ) days after service upon the person of
notice thereof. If a petition for redetermination is not filed
in writing with the Director, City Hall, Huntington Beach, California
92648, within the sixty (60 ) day period, the determination becomes
final at the expiration of the period.
1762. CONSIDERATION OF PETITION; HEARING. If a petition
for redetermination is filed within the sixty (60) day period, the
Director shall reconsider the determination and, if the person has
so requested in his petition, shall grant the person an oral hear-
ing, and shall give him ten (10 ) days' notice of the time and place
of hearing. The Director may designate one or more deputies for
the purpose of conducting hearings and may continue a hearing from
time to time as may be necessary .
1763. DETERMINATION OF PETITION. The Director may decrease
or increase the amount of the determination before it becomes
final, but the amount may be increased only if a claim for the
increase is asserted by the Director at or before the hearing.
1764. FINALITY OF DETERMINATION. The order or decision of
the Director upon a petition for redetermination becomes .final
thirty (30 ) days after service upon the petitioner of notice
thereof.
1765. TAX A DEBT. The amount of any tax, penalty, and
interest imposed under the provisions of this article shall be
deemed a debt to the City . Any person owing money to the City
under the provisions of this article shall be liable to an action
brought in the name of the City for the recovery of such amount .
1766 . REFUNDS. Whenever the amount of any tax, penalty or
interest has been overpaid, or paid more than once, or has been
erroneously collected or received by the City under this article,
it may be refunded as hereinafter provided in this section, pro-.
vided a written claim therefor stating under penalty of perjury
the specific grounds under which the claim is founded is filed
with the Director within three (3) years of the date of payment.
The claims shall be on forms furnished by the Director. The Di-
rector may make such refund if he is satisfied that the claimant
is entitled to the refund under the provisions of this section.
No refund shall be paid under the provisions of this section unless
the claimant establishes his right thereto by written records
showing entitlement thereto.
6.
1767. SEVERABILITY. If any provision of this article,
or application thereof to any person or circumstances, is held
invalid, such invalidity shall not affect other provisions or
applications of this article which can be given effect without
the invalid provision or application, and to this end the
provisions of this article are declared to be severable.
SECTION 3. The City Administrator and the Director of
Finance are hereby authorized to negotiate with the County of
Orange for its aid in the collection of the tax imposed by
this ordinance . Any agreement so negotiated shall be submitted
to the Council of the City of Huntington Beach for its approval.
SECTION 4. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News , a weekly news-
paper of general circulation, printed and published in Huntington
Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the lst
day of July, 1974
Mayor
ATTEST : 00
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
City Adminstrator City At ney - m
7.
Ord. No. 1925
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of member$ of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 24th day of June
19 74- , and was again read to said City Council at a regular
meeting thereof held on the lst day of July 19 74 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett, Gibbs, Matney., Wipder� nnkP, CnPn
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley
City Clerk and ex-officio er
of the City Council of the. City
of Huntington Beach, California
t, Aiicia M. Wentworth CITY CLERK of`the City of
Huntin:;ton Beach and ex-officio Clerk of the City
Council, d. certify, that this ordinance has
been puUG n �h H rntington Beach News on
............. 19'7
In aacardan.. a th •,:_� ., y Charter of said City.
POIA M. Vv� 0RTH ................
City Clerk
De ity Clerk