3
to the misfortune or calamity; plus, (2) a proration of the tax due on the property as reassessed in its
damaged or destroyed condition, to be determined on the basis of the number of months in the fiscal
year after the damage or destruction, including the month in which the damage was incurred. For
purposes of applying the preceding calculation in prorating supplemental taxes, the term “fiscal year”
means that portion of the tax year used to determine the adjusted amount of taxes due pursuant to
subdivision (b) of Section 75.41. If the damage or destruction occurred after January 1 and before
the beginning of the next fiscal year, the reassessment shall be utilized to determine the tax liability
for the next fiscal year. However, if the property is fully restored during the next fiscal year, taxes
due for that year shall be prorated based on the number of months in the year before and after the
completion of restoration.
(f) Any tax paid in excess of the total tax due shall be refunded to the taxpayer pursuant to Chapter 5
(commencing with Section 5096) of Part 9, as an erroneously collected tax or by order of the board of
supervisors without the necessity of a claim being filed pursuant to Chapter 5.
(g) The assessed value of the property in its damaged condition, as determined pursuant to
subdivision (b) compounded annually by the inflation factor specified in subdivision (a) of Section 51,
shall be the taxable value of the property until it is restored, repaired, reconstructed or other
provisions of the law require the establishment of a new base year value.
If partial reconstruction, restoration, or repair has occurred on any subsequent lien date, the taxable
value shall be increased by an amount determined by multiplying the difference between its factored
base year value immediately before the calamity and its assessed value in its damaged condition by
the percentage of the repair, reconstruction, or restoration completed on that lien date.
(h) (1) When the property is fully repaired, restored, or reconstructed, the assessor shall make an
additional assessment or assessments in accordance with subparagraph (A) or (B) upon completion of
the repair, restoration, or reconstruction:
(A) If the completion of the repair, restoration, or reconstruction occurs on or after January 1, but on
or before May 31, then there shall be two additional assessments. The first additional assessment
shall be the difference between the new taxable value as of the date of completion and the taxable
value on the current roll. The second additional assessment shall be the difference between the new
taxable value as of the date of completion and the taxable value to be enrolled on the roll being
prepared.
(B) If the completion of the repair, restoration, or reconstruction occurs on or after June 1, but before
the succeeding January 1, then the additional assessment shall be the difference between the new
taxable value as of the date of completion and the taxable value on the current roll.
(2) On the lien date following completion of the repair, restoration, or reconstruction, the assessor
shall enroll the new taxable value of the property as of that lien date.
(3) For purposes of this subdivision, “new taxable value” shall mean the lesser of the property’s (A)
full cash value, or (B) factored base year value or its factored base year value as adjusted pursuant to
subdivision (c) of Section 70.
(i) The assessor may apply Chapter 3.5 (commencing with Section 75) of Part 0.5 in implementing
this section, to the extent that chapter is consistent with this section.
(j) This section applies to all counties, whether operating under a charter or under the general laws of
this state.
(k) Any ordinance in effect pursuant to former Section 155.1, 155.13, or 155.14 shall remain in effect
according to its terms as if that ordinance was adopted pursuant to this section, subject to the
limitations of subdivision (b).