ORDINANCE NO. 670.2

AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING

ORDINANCE NO. 670 RELATING TO THE IMPLEMENTATION

OF PROPOSITION 90

The Board of Supervisors of the County of Riverside ordains as follows:

Section 1. PURPOSE. The purpose of this ordinance is to adopt and implement the provisions of California Constitution, Article XIII A, Section 2, as amended on November 8, 1988, by the passage of Assembly Constitutional Amendment No. 1 of the 1987-88 Regular Session (Proposition 90), and Revenue and Taxation Code Section 69.5 (a) (2), as amended by Chapter 1271, Statutes of 1988. This ordinance makes applicable the transfer by any person over the age of 55 years of the established base year value of original property located in another county of this State to replacement dwellings located in the County of Riverside, subject to all of the conditions and limitations set out in Revenue and Taxation Code Section 69.5.

Section 2. CONSULTATION WITH LOCAL AFFECTED AGENCIES.

This ordinance has been preceded by consultation between the Board of Supervisors of Riverside County and all local affected agencies through a duly noticed public hearing concerning the adoption of this ordinance held on January 24, 1989, at 10:00 a.m., and again on February 28, 1989, at 1:30 p.m., and duly noticed public hearings concerning its subsequent amendments on November 28, 1989, at 10:00 a.m., February 8, 1994, at 1:30 p.m., and February 22, 1994, at 1:30 p.m.

Section 3. REQUIREMENTS. This ordinance is subject to each of the following requirements:

A. All claims for transfers of base year value from original property located in another county shall be granted if the claims meet the applicable requirements of both subdivision (a) of Section 2 of Article XIII A of the California Constitution and Revenue and Taxation Code Section 69.5.

B. All base year valuations of original property located in another county and determined by its assessor shall be accepted in connection with the granting of claims for transfer of base year value.

Section 4. OPERATIVE PERIOD. This ordinance shall remain operative for a period of five years following the effective date of its adoption, i.e., until April 6, 1994, and it shall then continue to remain operative as of April 7, 1994, and shall remain operative only through June 30, 1995, and on July 1, 1995, it is repealed.

Section 5. OPERATIVE DATE. The provisions of this ordinance are applicable to any otherwise qualified replacement dwelling which is purchased or newly constructed in the County of Riverside on and after November 9, 1988, but not after June 30, 1995. In the event that land is purchased and a replacement dwelling is constructed thereon, both the purchase of the land and the completion of the newly constructed replacement dwelling shall each occur within two years of the sale of the original property. The sale of the original property may occur after the repeal of this ordinance so long as the sale otherwise occurs within the two year period for the purchase or completion of new construction of the replacement dwelling.

Section 5.1. DECLARATION OF EXISTING LAW. The provisions of the last two sentences of Section 5 of this ordinance clarify and are declaratory of existing law, and are not to be construed or given any weight in any court of law as manifestation of any legislative intent to make any substantive change to existing law.

Section 5.2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.

Section 6. The amendments to Ordinance No. 670 effected hereby shall take effect on April 7, 1994, or 30 days after the date of its adoption, whichever is later.

ADOPTED: 3-7-89 (Eff.: 4-6-89)

670.1 (Eff.: 12-28-89, Operative: 1-1-90)

670.2 (Operative through June 30, 1995)