51283.5. (a) The Legislature finds and declares that cancellation fees should be calculated in a timely manner and disputes over cancellation fees should be resolved before a city or county approves a tentative cancellation. However, the city or county may approve a tentative cancellation notwithstanding an assessor’s formal review or judicial challenge to the cancellation value or fee.
(b) If the valuation changes after the approval of a tentative cancellation, the certificate of tentative cancellation shall be amended to reflect the correct valuation and cancellation fee.
(c) If the landowner wishes to pay a cancellation fee when a formal review has been requested, the landowner may pay the fee required in the current certificate of cancellation and provide security for 20 percent of the cancellation fee based on the assessor’s valuation. The board or council shall hold the security and release it immediately upon full payment of the cancellation fee determined pursuant to Section 51283.1.
(d) The city or county may approve a final cancellation notwithstanding a pending formal review or judicial challenge to the cancellation valuation or fee. The certificate of final cancellation shall include the following statements:
(1) That formal review or judicial challenge of the cancellation valuation or fee is pending.
(2) That the fee may be adjusted, based upon the outcome of the review or challenge.
(3) The identity of the party who will be responsible for paying any additional fee or will receive any refund.
(4) The form and amount of security provided by the landowner or other responsible party.
(e) Upon resolution, the landowner or the party identified in the certificate shall either pay the balance owed to the county treasurer, or receive from the county treasurer or the controller any amount of overpayment, and shall also be entitled to the immediate release of any security.
(f) (1) If a party does not receive the notice required pursuant to Section 51283, 51283.1, 51283.4, or 51284, a judicial challenge to the cancellation valuation may be filed within three years of the latest of the applicable following events:
(A) The board or council certification of the fee pursuant to subdivision (b) of Section 51283, or for fees recomputed pursuant to Section 51283.4, the execution of a certificate of cancellation under that section.
(B) The date of the assessor’s determination pursuant to paragraph (3) of subdivision (b) of Section 51283.1.
(C) The service of notice to the Director of Conservation of the board or council’s recorded certificate of final cancellation.
(2) If a party did receive the required notice pursuant to Section 51283.1, 51283.4, or 51284, a judicial challenge to the cancellation valuation may be filed only after the party has exhausted the administrative remedies through the formal review process specified in Section 51283.1 and only within 180 days of the latest of the applicable following events:
(A) The board or council certification of the fee pursuant to subdivision (b) of Section 51283 or for fees recomputed pursuant to Section 51283.4, the execution of a certificate of cancellation under that section.
(B) The date of the assessor’s determination pursuant to paragraph (3) of subdivision (b) of Section 51283.1.
(C) The service of notice to the Director of Conservation or the board or council’s recorded certificate of final cancellation.
(Amended by Stats. 2021, Ch. 644, Sec. 10. (SB 574) Effective January 1, 2022.)
Structure California Code