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!~ ~~ ~ , ~~~ !~ ~~ ~!~ ~ Resolution No. 73_ZOo
RESOLUTTON k1MENDING RULES 7.0, 7.5 and 12
OF THE RULES OF THE SUTTE COUI3TY ASSES5MENT APPEALS BOARI?
BE IT RESOLVED pursuant to Butte County Code Section ?.1-54 that
RuZe 7.0 of Che Rules of the Assessment Appeals Board £or Butte County is
amended to read as follows;
7. NOTICE QF HEARING, (a) After the filing of an application for
reduction of an assessment, tE~e clerk sha11 set the matter ~or hearin~ and
notify the applicant or his agent in writing by personai delivery or by
depositing the notice in the United States mail directed to the address g~.ven
in the application. The notiee shall designate the time and place of- the
heari.ng. Aiter receipt of a copy of a notice of_ rebuttal pursuant to Ruie 5
the clerk shall set the matiter for hearing and g9.ve notice to the applicanC or
his agent at the latest address of the applicant oz has agent available to
the assessor on file in the records in the assessoz's office. It shall
also include a statement ehat the board is zequi.red to find the full cash value
o£ the property from the evidence presented at the hearing and that this finding
may exceed the full cash value on which the assessment was based with the resulC
that the assesBment wiil be r8ised rather than lowered, The notice may include
a statement that an application for reduction in the assessment o~ a portion
of an improved real property (e.g,, land only or iw~provements only) or a
portion of installations mhich are partiy real propexty and partly personal
property (e,g., only the improvement portion or only the persanal property
porkion of machinery and equipment) may result in an increase i.n the unprotested
assessment of the otfier portion or porCions of the property, which increase
will offset, in whole or in parC, any reducti.on in the protested assessment.
If the general notice does not incJ,ude the latter statement,. such a statemenC
sha11 be incJ.uded in notices i.n those cases to which the clerk deems it
relevant.
(b) The notice shall be given no less than thirty days prior to the
hearing nnless:
1) The clerk has received a request for information in which
event the notice shall be given no less than twenty days prior to the hearing, or,
2) The clerk has received a writing from the appiicant which stakes
that the applicant will not make a request for information, in which event
the notice shall be given no ~ess than five days prior tio the hearing, or
3) A shorter notice has been stipulated to by Che Assessor and
applicant or his agent.
(c) The clexk sha11 notify the assessor and the county 1ega1 advzsor
of the time and place of_ the hearing.
(d) When praposing to raise an assessmenti on its own motion without an
application for reduction pending before it, the board shall give notice of the
~earing in the amnner provided hereinbelow not less than 2Q days prior to the
hearing unless notice is waived by the assessee or his agent in writing in
advance of the hearing or orally at the time of the hearing or a shorter notice
is stipulated to by the assessor and assessee or his agent. The notiice shall
be given to the assessee as revealed by the latesC assessment ro11 by depositing
the notice in the UniCed States mail directed to the assessee at the laGest
address o~ the assessee available to the assessor in file in the records in the
assessor's office. It shall contain:
1) A statement thaC a hearing will be heid before the local
boerd tio determine whether or not the assessment shall be raised;
2) The time and place of the hearing;
3) The Assessor's parcel numbex or numbers of the property as
shown on the local zo~I;
4) A statement that the board is required to find the full cash
value of the property from the evidence presented at the hearing;
5) The amount by which it is proposed to raise the assessment,
BE IT FURTHER RESOLVED TkIAT RULES 7.5 and l2 0~ THE RUL$S FOR THE
ASSESSMENT APPEAL3 BOARA of the County ofButte are hereby amended to read
as .foliows:
7.5 PERE~PTORY CHAILENGE OF BOARD MEMBER. The party a.ffected bq an
e~ualization proceeding or his agent, or the assessor, may make and file with
the clerk of the assessment appeals board in which the proceeding is pending,
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a peremptory challenge zn writing of one member of the board. Thereupon,
wi~hout any further act or proof, the clerk sha11 assign a member to replace
the member so ehallenged.
In those counties in which at least 20 days' noCice is given of an
equalization proceeding, a peremptory challenge pursuant to this rule sha11
be made at least 5 days prior to the date a~ such proceeding. In a11 other
counties, a peremptory challenge may be made at any time prior to the
equalization proceeding.
12, PROCE~DINGS RECORbE-. All proceedings of the Assessmen~ Appe2ls
Board shall be recorded unless the applicant zeouests a stenographic reporter.
The srenographic reporter shall be at the expense o~ the applicant. If the
applicanC desires the clerk to arrange for a reporter, the reqvest shall be
submitted to the clerk in writing at least five (5) days before the hearing
and $55.00 shall be deposited with the County Clerk also fi~~e (5) daqs prior
Co the he ring. I£ transcript is requested by the applicant, the applicant
shall pay for an original and one copy, and the original shall be filed with
the County Clerk. Any person may purchase a transcript of the proceedings upon
payment of a reasonable €ee. Any request for a transcript o£ the procedure must
be made within sxxty (60) days foZlowing t~e date of the final deCermination
of the Board. The Assessor or the County may request a reporter aC the cost
of ehe County.
PASSED AND ADOPTED by the Butte County Board of Supervisors this
14th day of June, 1973, by the following vote:
AYES: $upervisors Cameron, Gilman, Ladd, Madigan and Chairman
MeKillop
NOES: None
ABS~rr~: None
NOT VOTTNG: None
~
J K J. C KTLLO , Chairman o£ the Butte
uney oard of Supervisors
ATTEST;
CI,ARK A, NELSON, County Clerk
and ex-of~icio Clerk of the Board
BY: ~~ ~ ~.,~~
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