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HomeMy WebLinkAboutOrdinance #2297 ORDINANCE NO. 2297 AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING A NEW CHAPTER 3. 40 ENTITLED "COMMUNITY ENRICHMENT LIBRARY FEE" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding thereto Chapter 3. 40 entitled "Community Enrichment Library Fee" , to read as follows : Chapter 3.40 COMMUNITY ENRICHMENT LIBRARY FEE 3. 40. 010 Declaration of Necessity. The City Council finds that the rapid development of land in the city of Huntington Beach has created a need for improvements and facilities for the public city libraries, which cannot be met by the ordinary revenues of the city. The need for such improvements results directly from the increase in density in the city by the development of land that has heretofore been vacant and by construction of additional residential, commercial and Indus- trial units on land heretofore developed. The most practical and equitable method of collecting the funds necessary to provide such public improvements is to impose an excise tax upon the construction of new residential, commercial and industrial units or buildings in the city. The City Council of the City of Huntington Beach hereby declares that this chapter shall be known as the "Community Enrichment Library Fee" and is adopted to provide a tax upon the construction of new residential, commercial and industrial units or buildings in the city . 3. 40 .020 Definitions . For the purpose of this chapter, the words defined in this section shall have the meanings assigned to them unless from the context it appears that a different meaning is intended. (a) Residential unit . The term "residential unit" shall mean a single family dwelling, a dwelling unit in a duplex, apartment house or dwelling group, and any other place designed for human occupancy which contains a kitchen, and any space in a mobilehome park designed or intended for a house trailer, mobilehome , camper or similar vehicle . JG:ps 6/29/78 1. (b) Commercial Unit . The term "commercial unit" shall mean any space in a building or structure designed or intended to be occupied or used for business or commercial purposes, including sleeping rooms in hotels and motels without kitchens or kitchen facilities . (c) Industrial Unit . The term "industrial unit" shall mean any space in a building or structure designed or intended for manufacturing, processing, research, warehousing and similar uses . (d) Mobilehome park. The term "mobilehome park" shall mean any area where one or more lots or spaces are rented or held out for rent to be occupied by a house trailer, mobilehome, camper or similar vehicle. 3 . 40 .030 Excise tax. (a) Tax imposed. An excise tax is hereby imposed upon the construction of each residential, com- mercial and industrial unit , and mobilehome park in the city in the amount of $ .15 per square foot of gross floor area for all classes of new construction, including any area in a building designed for the parking of vehicles . (b) Due date. The amount of the tax due hereunder shall be determined at the time a building permit is sought for the construction of residential, commercial or industrial units or buildings, or for the construction or reconstruction of any mobilehome park, and the full amount of the tax shall be due and payable concurrently with the application for such permit . If such tax is not fully paid on or before the due date the permit is issued, the tax or the amount thereof not paid shall thereupon become delinquent . (c) Delinquency, penalty, interest . There shall be added to the tax for any unit or so much of the tax as becomes delin- quent a penalty of twenty-five percent (25% ) which shall there- upon become payable in the same manner as the tax. The tax and penalty shall bear interest at the rate of .60 of one percent per month until paid. (d) Tax credit . The city council may in its discretion grant a total or partial credit against the building excise tax where a dedication of land and/or improvements thereto is offered in conjunction with the construction of the residential, com- mercial or industrial units . 3. 40 . 040 Operative date. The tax imposed by this chapter shall apply to the construction of all residential, commercial and industrial units, and mobilehome parks for which a building or construction permit is issued on or after the effective date of this chapter. 2. 3. 40 .050 Exemptions . The following are excluded from the tax imposed by this chapter: (a) The construction of any building by a non-profit corporation exclusively for religious, educational, hospital or charitable purposes . (b) Any "residential unit" structural additions or modi- fications which cause less than a 50% increase in the existing gross floor space. Such additions or modifications which cause a 50% or more increase in the existing gross floor space shall subject all of the added gross floor space to the tax imposed by this chapter. 3. 40 .060 Tax liability--Enforcement . The taxes imposed by this chapter are due from the person by or on behalf of whom a residential, commercial or industrial unit or building or a mobilehome park is constructed, whether such person is the owner or a lessee of the land upon which the construction is to occur. The director of finance shall collect the tax and any penalty and interest due hereunder. The full amount due under this chapter shall constitute a debt to the City of Huntington Beach. An action for the collection thereof may be commenced in the name of the City in any court having jurisdiction of the cause. 3. 40 .070 Payment required for commencing construction. No person shall begin the construction of any residential, com- mercial or industrial unit or building or any mobilehome park in the city without first having paid the tax and any penalty and interest due the city under this chapter. 3. 40 .080 Payment required for occupancy. No occupancy shall be issued for, and no person shall occupy or offer for occupancy, any residential, commercial or industrial unit or building or any space in a mobilehome park in the city unless the tax and any penalty and interest imposed upon the construc- tion and occupancy thereof by this chapter have been paid. 3. 40 .090 Refunds. Any tax, penalty or interest paid to the city under this chapter for any building or unit of a building or mobilehome park which is not constructed shall be refunded upon application of the taxpayer and a showing to the satisfaction of the director of finance that the building or unit has not been constructed or construction commenced and that the building permit issued for the building or unit has been cancelled or surrendered or otherwise does not authorize the construction of the building or unit . 3. 40 .100 Disposition of proceeds--Fund created. All pro- ceeds from the tax, penalty and interest collected under this chapter shall be paid into a special capital outlays fund of 3. the city entitled "Library Service Fund" for acquiring, con- structing, equipping, maintaining and staffing of libraries, and other City Council approved cultural endeavors, which fund is hereby created. SECTION 2 . The City Council finds that it is necessary for this ordinance to be adopted as an emergency measure, and such ordinance shall take effect June 30, 1978. The reasons for its urgency are as follows: (a) It is necessary that the public library services of the city be maintained at not less than current levels of service . (b) The total of the funds which will be available to the city in the years following fiscal year 1977-1978 for all of the public library services to be provided the citizens of the city will be inadequate to provide for the cost of such services without the imposition of additional taxes . (c) The addition to the California State Constitution of Article XIIIA severely limits the city' s prerogative to provide needed and necessary revenues by the way of additional tax revenues after July 1, 1978, and, therefore, it is of urgent necessity that the tax increase imposed by this ordinance be adopted prior to July 1, 1978. SECTION 3. This ordinance shall take effect immediately after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly newspaper of general circulation, printed and published in the County of Orange. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the 29th day of June, 1978. ATTEST: Mayor Alicia M. Wentworth City Clerk BY of Deputy 4 APPROVED AS TO CONTENT: APPROVED AS TO FORM: 41 ty Administrator City Attorney 5. Emergency Ord. No. 2297 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected,. qualified and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the foregoing ordinance was read to the City Council of the City of Huntington Beach at a regular meeting thereof held on the 29th day of June 19 78 and was passed and adopted by at least four-fifths (4/5) affirmative votes of said City Council. AYES: Councilmen: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: Councilmen: None ABSENT: Councilmen: Pattinson City o Alicia M. Wentworth (, Alicia M. Wentworth CITY CLERK of the y f 11 d 1' . W t Huntington Beach and ex-officio Clerk of the City City Clerk and ex-officio Clerk Council, do hereby certify that this ordinance has of the City Council of the City b2pud in the Huntington Beach dews onof Huntington Beach, California .. -- 15.---------------- 19.7-.r. In the Cit Charter of said City. City Clerk By ............................................................................. Deputy Deputy City Clerk