HomeMy WebLinkAboutOrdinance #2452 ORDINANCE NO. 2452
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING THERETO SECTIONS 3.36.280 THROUGH
3. 36. 340 EXEMPTING CERTAIN SERVICE USERS FROM
CITY'S UTILITIES TAX
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by adding thereto sections 3.36.280 through 3.36.340
to read as follows:
3 .36.280 Senior citizens--Exemption. The tax imposed by
this chapter shall not apply to any individual service user sixty-
two years of age or older who uses telephone, electric, water or
gas services , in or upon any premises occupied by such individual,
provided the combined adjusted gross income as used for Federal
income tax reporting purposes of all members of the household
in which such service user resides was less than eight thousand
dollars ($8000) for the calendar year prior to the fiscal year
(July 1 through June 30 ) for which the exemption provided by
this chapter is applied.
The exemption granted by this section shall not eliminate
the duty of the service supplier to collect taxes from such ex-
empt service users or the duty of such exempt service users to
pay such taxes to the service supplier unless an exemption has
been applied for by the service user and granted in accordance
with the provisions of this chapter.
3.36.290 Application required. Any service user, meeting
the requirements for exempt status , may file a verified applica-
tion with the director of finance on a form furnished by him.
The director of finance, or his designee, shall review all appli-
cations and certify those service users as exempt who meet the
requirements for the exemption provided by this chapter.
3.36.3000 Notification to service supplier. The director
of finance, or his designee, shall compile a list of all exempt
service users , together with the addresses , account numbers ,
if any, of such users , and such other information as may be nec-
essary for service suppliers to remove exempt service users from
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their tax billings .
3 .36.310 Service supplier--Duty of. No service supplier
shall be required to bill any exempt service user for any tax
imposed by this chapter after receipt of notice from the
director of finance that such service user has met the require-
ments for exempt status established by the provisions of this
chapter.
Other provisions of this chapter notwithstanding, any
service supplier who determines that a service user who is not
entitled to exempt service , is receiving such service by reason
of an exemption issued to a previous user of the same connection
or meter, shall notify the director of finance immediately.
The director of finance, or his designee, shall cause an investi-
gation to be made, and upon a determination that the service
user is not exempt from the tax imposed by this chapter, the
service supplier shall be instructed to begin immediate collec-
tion of the tax from such service user, including any amounts
which are past due and payable.
3 .36.320 Exemption automatic. The exemption provided for
in this chapter shall continue and be renewed automatically from
year to year except as hereinafter provided. No exempt service
user shall fail to notify the director of finance within ten (10)
days of a change of address, or of any other fact or circumstance
which might disqualify him or otherwise affect his exempt status.
All exempt service users shall file with the director of finance
new verified applications in order to receive exempt service at
a new address or location.
3 .36.330 Tax billing exemptions--Effective when. All
service suppliers shall remove exempt service users from their
tax billings for the first regular full billings dated on or
before October 15, 1980 , and thereafter within sixty (60 ) days
after notice from the director of finance to do so.
3 .36 .340 Violation--Penalty. It is unlawful amd a misde-
meanor for any person knowingly to receive the exemption pro-
vided by this chapter when such person has not met the require-
ments on which such exemption is based, or when such person can
no longer meet the requirements on which such exemption is based,
and upon conviction thereof shall be subject to a fine of five
hundred dollars ( $500) or imprisonment in the county jail for a
period not to exceed six (6) months , or by both such fine and
imprisonment. Each such person shall be guilty of a separate
offense for each and every day or portion thereof during which
a violation is committed or continued.
SECTION 2. This ordinance shall take effect thirty days
2.
after 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 Independent, a newspaper
of general circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 15th
day Of 1980.
0
Mayor
ATTEST: APPROVED AS TO FORM:
f�'o
City Clerk City ttorney
REVIEWED AND APPROVED: INITIATED AND APPRO D:
j 0'0'
Cit Administrator mmunit Services Director
3.
Ord. No. 2452
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 18th day of August
1980 , and was again read to said City Council at a regular
meeting thereof held on the 15th day of September , 19 80 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson, Thomas, Finley, Bailey, Kelly
NOES: Councilmen:
MacAllister. Mandic
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
t, AWa M. Wentworth CITY CLERK of the City of
Huntington Beach wW ex-offkio Clerk of the City
CQw ,do hereby certify trot a synopsis of this
aeftem a has b"n plmkshed in :re HuntkWan
&E8Ch1 i '�y1elMlent an
Iw with the City Charter sf said City.
G(/C wf
City Clerk
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Deputy City Clerk