HomeMy WebLinkAboutGovernment Code Mills Act ContractsGOVERNMENT CODE - GOV
TITLE 5. LOCAL AGENCIES [50001 - 57550]
( Title 5 added by Stats. 1949, Ch. 81. )
DIVISION 1. CITIES AND COUNTIES [50001 - 52203]
( Division 1 added by Stats. 1949, Ch. 81. )
PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 -
51298.5]
( Part 1 added by Stats. 1949, Ch. 81. )
CHAPTER 1. General [50001 - 50290]
( Chapter 1 added by Stats. 1949, Ch. 81. )
ARTICLE 12. Historical Property Contracts [50280 - 50290]
( Article 12 added by Stats. 1972, Ch. 1442. )
50280.
Upon the application of an owner or the agent of an owner of any qualified historical property,
as defined in Section 50280.1, the legislative body of a city, county, or city and county may
contract with the owner or agent to restrict the use of the property in a manner which the
legislative body deems reasonable to carry out the purposes of this article and of Article 1.9
(commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation
Code. The contract shall meet the requirements of Sections 50281 and 50282.
(Amended by Stats. 1985, Ch. 965, Sec. 1.7.)
50280.1.
“Qualified historical property” for purposes of this article, means privately owned property which
is not exempt from property taxation and which meets either of the following:
(a) Listed in the National Register of Historic Places or located in a registered historic district,
as defined in Section 1.191-2(b) of Title 26 of the Code of Federal Regulations.
(b) Listed in any state, city, county, or city and county official register of historical or
architecturally significant sites, places, or landmarks.
(Added by Stats. 1985, Ch. 965, Sec. 2.)
50281.
Any contract entered into under this article shall contain the following provisions:
(a) The term of the contract shall be for a minimum period of 10 years.
(b) Where applicable, the contract shall provide the following:
(1) For the preservation of the qualified historical property and, when necessary, to
restore and rehabilitate the property to conform to the rules and regulations of the Office
of Historic Preservation of the Department of Parks and Recreation, the United States
Secretary of the Interior’s Standards for Rehabilitation, and the State Historical Building
Code.
(2) For an inspection of the interior and exterior of the premises by the city, county, or city
and county, prior to a new agreement, and every five years thereafter, to determine the
owner’s compliance with the contract.
(3) For it to be binding upon, and inure to the benefit of, all successors in interest of the
owner. A successor in interest shall have the same rights and obligations under the
contract as the original owner who entered into the contract.
(Amended by Stats. 2013, Ch. 210, Sec. 6.5. (SB 184) Effective January 1, 2014.)
50281.1.
The legislative body entering into a contract described in this article may require that the property
owner, as a condition to entering into the contract, pay a fee that shall not exceed the reasonable
cost of providing the service pursuant to this article for which the fee is charged.
(Amended by Stats. 2011, Ch. 278, Sec. 2. (AB 654) Effective January 1, 2012.)
50282.
(a) Each contract shall provide that on the anniversary date of the contract or such other
annual date as is specified in the contract, a year shall be added automatically to the
initial term of the contract unless notice of nonrenewal is given as provided in this section.
Each contract shall also provide that after five years, and every five years thereafter, the
city, county, or city and county shall inspect the interior and exterior of the premises to
determine the owner’s continued compliance with the contract. If the property owner or
the legislative body desires in any year not to renew the contract, that party shall serve
written notice of nonrenewal of the contract on the other party in advance of the annual
renewal date of the contract. Unless the notice is served by the owner at least 90 days
prior to the renewal date or by the legislative body at least 60 days prior to the renewal
date, one year shall automatically be added to the term of the contract.
(b) Upon receipt by the owner of a notice from the legislative body of nonrenewal, the owner
may make a written protest of the notice of nonrenewal. The legislative body may, at any
time prior to the renewal date, withdraw the notice of nonrenewal.
(c) If the legislative body or the owner serves notice of intent in any year not to renew the
contract, the existing contract shall remain in effect for the balance of the period remaining
since the original execution or the last renewal of the contract, as the case may be.
(d) The owner shall furnish the legislative body with any information the legislative body shall
require in order to enable it to determine the eligibility of the property involved.
(e) No later than 20 days after a city or county enters into a contract with an owner pursuant
to this article, the clerk of the legislative body shall record with the county recorder a copy
of the contract, which shall describe the property subject thereto. From and after the time
of the recordation, this contract shall impart a notice thereof to all persons as is afforded
by the recording laws of this state.
(Amended by Stats. 2011, Ch. 278, Sec. 3. (AB 654) Effective January 1, 2012.)
50284.
If the legislative body determines that the owner has breached any of the conditions of the
contract provided for in this article or has allowed the property to deteriorate to the point that it
no longer meets the standards for a qualified historical property, the legislative body shall do
one of the following:
(a) Cancel the contract by following the procedures specified in Sections 50285 and 50286.
(b) Bring any action in court necessary to enforce a contract, including, but not limited to, an
action to enforce the contract by specific performance or injunction.
(Amended by Stats. 2011, Ch. 278, Sec. 4. (AB 654) Effective January 1, 2012.)
50285.
No contract shall be canceled under Section 50284 until after the legislative body has given
notice of, and has held, a public hearing on the matter. Notice of the hearing shall be mailed to
the last known address of each owner of property within the historic zone and shall be published
pursuant to Section 6061.
(Added by Stats. 1972, Ch. 1442.)
50286.
(a) If a contract is canceled under Section 50284, the owner shall pay a cancellation fee
equal to 121/2 percent of the current fair market value of the property, as determined by
the county assessor as though the property were free of the contractual restriction.
(b) The cancellation fee shall be paid to the county auditor, at the time and in the manner
that the county auditor shall prescribe, and shall be allocated by the county auditor to
each jurisdiction in the tax rate area in which the property is located in the same manner
as the auditor allocates the annual tax increment in that tax rate area in that fiscal year.
(c) Notwithstanding any other law, revenue received by a school district pursuant to this
section shall be considered property tax revenue for the purposes of Section 42238.02 of
the Education Code, as implemented pursuant to Section 42238.03 of the Education
Code, and revenue received by a county superintendent of schools pursuant to this
section shall be considered property tax revenue for purposes of Article 4 (commencing
with Section 2570) of Chapter 12 of Part 2 of Division 1 of Title 1 of the Education Code.
(Amended by Stats. 2013, Ch. 47, Sec. 109. (AB 97) Effective July 1, 2013.)
50287.
As an alternative to cancellation of the contract for breach of any condition, a landowner that is
a party to the contract may bring any action in court necessary to enforce a contract, including,
but not limited to, an action to enforce the contract by specific performance or injunction.
(Amended by Stats. 2011, Ch. 278, Sec. 5. (AB 654) Effective January 1, 2012.)
50288.
In the event that property subject to contract under this article is acquired in whole or in part by
eminent domain or other acquisition by any entity authorized to exercise the power of eminent
domain, and the acquisition is determined by the legislative body to frustrate the purpose of the
contract, such contract shall be canceled and no fee shall be imposed under Section 50286.
Such contract shall be deemed null and void for all purposes of determining the value of the
property so acquired.
(Amended by Stats. 1974, Ch. 544.)
50289.
In the event that property restricted by a contract with a county under this article is annexed to
a city, the city shall succeed to all rights, duties, and powers of the county under such contract.
(Added by Stats. 1972, Ch. 1442.)
50290.
Local agencies and owners of qualified historical properties may consult with the State Historical
Resources Commission for its advice and counsel on matters relevant to historical property
contracts.
(Amended by Stats. 1985, Ch. 965, Sec. 8.)