Sections:
3.16.010 Short title--Adoption.
3.16.020 Imposition--Rates.
3.16.030 Payment.
3.16.040 Tax inapplicable to instruments in writing to secure debts.
3.16.050 Government and its agencies not liable.
3.16.060 Exemptions.
3.16.070 Tax inapplicable to conveyances to make effective plan of reorganization or adjustment.
3.16.080 Tax inapplicable to make effective order of Securities and Exchange Commission.
3.16.090 Partnerships.
3.16.100 Tax roll parcel number requirements.
3.16.110 Administration.
3.16.120 Claims for refund.
3.16.130 Penalty.
This chapter shall be known as the "real property transfer tax ordinance" of the city. It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the state.
(Ord. 3 § 1 (part), 1991: prior code § 3.22.010)
There is imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the city shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or her or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds one hundred dollars ($100.00), a tax at the rate of twenty-seven and one-half cents for each five hundred dollars ($500.00) or fractional part thereof. (Ord. 3 § 1 (part), 1991: prior code § 3.22.020)
Any tax imposed pursuant to Section 3.16.020 of this chapter shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued.
(Ord. 3 § 1 (part), 1991: prior code § 3.22.030)
Any tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment:
A. Confirmed under the Federal Bankruptcy Act, as amended;
B. Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision (m) of Section 205 of Title 11 of the United States Code, as amended; or
C. Approved in an equity receivership proceeding in a court involving a corporation, as defined in subdivision (3) of Section 506 of Title 11 of the United States Code, as amended; or
D. Whereby a mere change in identity, form or place or organization is effected.
Subsections A to D, inclusive, of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change.
(Ord. 3 § 1 (part), 1991: prior code § 3.22.060)
Any tax imposed pursuant to this chapter shall not apply to 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:
A. 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;
B. Such order specifies the property which is ordered to be conveyed;
C. Such conveyance is made in obedience to such order.
(Ord. 3 § 1 (part), 1991: prior code § 3.22.070)
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