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HomeMy WebLinkAboutOrdinance #2324 ORDINANCE NO. 2324 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 3. 40. 020 AND 3. 40. 030 THEREOF PERTAINING TO COMMUNITY ENRICHMENT LIBRARY FEES The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending Sections 3. 40. 020 and 3. 40. 030 to read as follows: 3.40. 020 Definitions . For the purpose of this chapter, the words defined in this section shall have the meanings as- signed to them unless from the context it appears ,that a different meaning is intended. Words not defined in this section shall have the definitions as given in the Huntington Beach Building Code. (a) Residential Unit. The term "residential unit" shall mean a single family dwelling, a dwelling unit in a duplex, apart- ment 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, mobile- home , camper or similar vehicle. (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, in- cluding sleeping rooms in hotels and motels without kitchens or kitchen facilities. (c) Industrial Unit . The term "industrial unitt 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 owned or rented or held out for rent to be occupied by a house trailer, mobilehome, camper or similar vehicle. 3.40, 0,0 Excise tax. (a) Tax Imposed. An 'excise tax is GH:ahb 10/10/7 8 1. hereby imposed upon the construction of any such residential, commercial and industrial unit , and mobilehome park in the city as such groups of construction may be established '',by resolution. The amount of the excise tax shall be established ,by resolution of the city council and shall not exceed $ .15 per ',square foot of floor area, as defined in the Huntington Beach Building Code, for all classes of new construction, including any area in a building designed for the parking of vehicles. For mobilehome parks, the square footage of floor area shall be calculated as only that portion of the lot indicated on the original construc- tion plans for the mobilehome proper and its carport . (b ) Due Date. The amount of the tax due hereunder shall be due and payable at the time of issuance of the 'building permit for the construction of residential, commercial or industrial units or buildings, or for the construction or reconstruction of any mobilehome park. 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 25 percent which shall thereupon become payable in the same manner as the tax. The tax and penalty shall bear interest at the rate of .60 of l 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, commercial or industrial units. (e) Exemption. The effective date for the issuance of any building permit otherwise subject to imposition of the tax imposed by this section shall relate to the date that actual construction was commenced or to the date any foundation permit was actually issued by the city, whichever event first occurred. Building permits so issued prior to enactment of this section are exempt from the tax imposed hereby. SECTION 2. This ordinance shall take effect 'thirty days 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 news- paper of general circulation, printed and published in the County 2. of Orange. r PASSED AND ADOPTED by the City Council of the', City of Huntington Beach at a regular meeting thereof held on the 16th day of October , 1978. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney INITIATED AND APPROVED: Citf Administrator 3. Ord. No2324 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 2nd day of October. 19 78 , and was again read to said City Council at a regular meeting thereof held on the 16th day of October 19 78 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Dattinson , Thomas , MacAllister, Bailey, IMandic, Siebert Shenkman NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I, Alicia :entworth CITY CLERK of the city a Huntin-ond ex ,ff;6o Clerk of the City Council, d =er+, - that "his ordinance has been publ ; r ^7+�•n Coach thews on v, � ------ ( In accorda r 19_r cf said City. AORP LICIA If - ity Clerk Deputy City Clerk