The procedures of this part are alternative to Part 10 of this division, relating to division of land and bond.
Part 10.5ALTERNATIVE PROCEDURE FOR DIVISION OF LAND AND BOND
Section § 8740
This section provides an alternative set of procedures to those in Part 10 for dividing land and handling related bonds.
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Section § 8740.1
If you own a piece of land with unpaid bonds and you subdivide or transfer part of it, you need to apply to the street superintendent. The application should explain how the land was divided or transferred and ask for the unpaid bond amounts to be split accordingly. There is a fee for each new land part, determined by local government, and these fees go into the treasury.
If any lot or parcel of land upon which there is an unpaid assessment represented by bonds issued under this division is subdivided, including a division into condominium interests as defined in Section 783 of the Civil Code, or the ownership of a portion of such lot or parcel of land is transferred to another person, the owner of any interest in any of the lots or parcels into which the original lot or parcel has been divided shall file an application in writing with the street superintendent. The application shall indicate how the original lot or parcel has been divided or transferred, request the street superintendent to apportion the amount remaining unpaid on the assessment in accordance with the division, and be accompanied by a fee in an amount to be fixed by the legislative body for each separate part or parcel of land into which the original lot or parcel has been divided or transferred. The street superintendent shall deposit all such fees in the treasury.
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Section § 8740.2
When the street superintendent gets an application and fee, they will divide the outstanding assessment amount fairly among all the individual pieces of a property if that property had been split before the original assessment was created.
Upon receipt of the application and fee the street superintendent shall apportion to each separate part of the original lot or parcel of land the proportionate part of the amount remaining unpaid on the assessment that would have been levied thereon had the lot or parcel of land been so divided at the time the original assessment was made.
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Section § 8740.3
This law section outlines the procedure for recording an apportioned assessment on a piece of land. First, all landowners must sign an application to request the record of the apportioned assessment with the street superintendent. Then, the street superintendent must notify the bondholder about the apportioned assessment by mail, including the details and amounts. If no hearing request is made within 14 days, the assessments will be recorded. If a hearing is requested, it will follow guidelines set out in Part 10, starting with Section 8730.
(a)CA Streets and Highways Code § 8740.3(a) When the apportionment has been made, an application signed by all persons owning an interest in the original lot or parcel of land may be filed with the street superintendent requesting that the assessment as apportioned be recorded.
(b)CA Streets and Highways Code § 8740.3(b) The street superintendent shall send to the underwriter or other original purchaser of any bonds which may be outstanding a notice, by certified or registered mail, that an apportionment of an assessment has been made and the numbers and amounts thereof and that, unless a request for a hearing is received within 14 days from the date of mailing of the notice, the apportioned assessments shall be recorded. If a request for a hearing is received, a report shall be filed and hearing shall be scheduled, noticed, and held in accordance with Part 10 (commencing with Section 8730).
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Section § 8740.4
If an application for street work is signed by everyone who needs to sign it, and there's no request for a hearing, the street superintendent will update the records. This includes changing the diagram and assessment to match any new divisions and giving new numbers to each separate piece of the original land.
When the street superintendent has ascertained that the application is signed by all the necessary persons, and that no request for a hearing has been received, he shall thereupon amend the recorded diagram and assessment to conform to such division and apportionment and assign new assessment numbers to each separate part of the original lot or parcel of land.
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Section § 8740.5
The street superintendent must submit the updated assessment to the auditor. The auditor is then responsible for recording, each year, the due installments for each portion of the property on the assessment roll. If a city is handling the proceedings, but county officials are in charge of collecting the assessments, the street superintendent must also send a copy of the amended assessment to the county auditor.
The street superintendent shall file the amended assessment with the auditor, who shall annually thereafter enter upon the assessment roll the installments becoming due on each component part of the original parcel opposite a description of the respective parcels so assessed.
When a city is conducting the proceedings and collections upon the assessments are made by county officials, the street superintendent shall transmit a copy of the amended assessment to the county auditor.
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