BILL NUMBER: SB 1514	CHAPTERED  07/06/04

	CHAPTER  97
	FILED WITH SECRETARY OF STATE  JULY 6, 2004
	APPROVED BY GOVERNOR  JULY 5, 2004
	PASSED THE ASSEMBLY  JUNE 17, 2004
	PASSED THE SENATE  MAY 17, 2004
	AMENDED IN SENATE  MAY 10, 2004
	AMENDED IN SENATE  APRIL 28, 2004

INTRODUCED BY   Senator Poochigian

                        FEBRUARY 19, 2004

   An act to add Article 8.5 (commencing with Section 53880) to
Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code,
relating to assessments.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1514, Poochigian.  Enforcement of delinquent assessments.
   Existing law establishes a procedure by which a local agency may
acquire any accrued lien, or property required to be sold for
nonpayment of an assessment or delinquency incurred by the nonpayment
of an assessment.
   This bill would require that, before any water district, as
defined, takes action that will terminate another party's interest in
real property as the means of enforcing delinquent assessments,
fees, charges, or other levies, the district shall make a reasonable
effort, as prescribed, to ascertain the names and addresses of each
holder of an interest in the delinquent property that would be
terminated by virtue of the action by the district, and shall notify
each interest holder, as prescribed, of the intent to take action
that would terminate the party's interest in the delinquent property.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 8.5 (commencing with Section 53880) is added to
Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code,
to read:

      Article 8.5.  Notification of Subordinate Interests

   53880.  Notwithstanding any other provision of law, before a water
district, as defined in Section 20200 of the Water Code, takes an
action that will terminate another party's interest in real property
as the means of collecting or enforcing delinquent assessments, fees,
charges, or other levies, the district shall make a reasonable
effort to ascertain the names and addresses of each holder of an
interest in the delinquent property that would be terminated by the
district.  The district shall then provide each interest holder not
less than 45 days' notice, by certified mail, at that party's last
known address, of the intent of the district to take action that
would terminate the party's interest in the delinquent property.
   53881.  For purposes of this article, a district shall be deemed
to have made a reasonable effort to ascertain the names and addresses
of each party holding an interest in delinquent property if it
obtains a title guarantee, lot book guarantee, or similar guarantee
from a title company, or searches the official records of the county
in which the delinquent property is located.  The cost of
ascertaining the names and addresses of each party, including without
limitation, the costs of any guarantees obtained from title
companies, shall be added to the amount of the delinquency that shall
be paid in order to cure the delinquency or redeem the delinquent
property, or both.
   53882.  A district that complies with this article shall not be
deemed to have denied any party to which notice is required to be
given by this article, due process in connection with the termination
of that party's interest in the delinquent property resulting from
the action of the district as to which notice was provided.  A
district required by other statutes governing that district to
provide notice to each holder of an interest in delinquent property
that would be terminated by virtue of an action by the district taken
as the means of collecting or enforcing delinquent assessments,
fees, charges, or other levies, shall be deemed to have complied with
those statutes if notice is provided in accordance with this
article.
   53883.  This article applies only to requirements to give notice
to third parties and not to existing statutory requirements to give
notice to the owner of the real property as shown on the most recent
assessment roll.