HomeMy WebLinkAboutOrdinance #3663 ORDINANCE NO. 3663
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
MODIFYING ORDINANCE NO. 3653 WHICH ESTABLISHED THE APPEAL
PROCEDURES FOR TAX REFUND CLAIMS FILED IN CONNECTION WITH THE CASE
ENTITLED HOWARD JAR VIS TAXPAYERSASSOCIATION V. COUNTYOF ORANGE
AND REAL PARTY IN INTEREST CITY OF HUNTINGTON BEACH,
ORANGE COUNTY SUPERIOR COURT CASE NO. 818780
WHEREAS, on April 19, 2004, the City Council adopted Ordinance No. 3653 entitled
"An Ordinance of the City of Huntington Beach directing the City Administrator to approve all
valid tax refund claims filed in connection with the case entitled Howard Jarvis Taxpayers
Association v. County of Orange and Real Party in Interest City of Huntington Beach, Orange
County Superior Court Case No. 818780 and establishing procedures to determine their
validity;" and
WHEREAS, the City Council intends to extend the fourteen (14) day deadline for filing
an appeal from the date of a decision on the validity of an individual claim which was
established in Ordinance No. 3653; and
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 9 of Ordinance No. 3653 is amended to read as follows:
(a) Any person aggrieved by any decision of the City Administrator shall be required
to comply with the appeals procedure of this section. Compliance with this section shall be a
prerequisite to a suit thereon. [See Revenue &Taxation Code § 5141.] Nothing herein shall
permit the filing of a claim or action on behalf of a class or group of taxpayers.
(b) If any person is aggrieved by any decision of the City Administrator,he or she
may appeal by filing a notice of appeal with the City Clerk within thirty-five (35) days of the
date of the decision.
(c) The matter shall be set for hearing no more than ninety (90) days from the receipt
of the appeal. The appellant shall be served with notice of the time and place of the hearing, as
well as any relevant materials, at least thirty (30) calendar days prior to the hearing. The hearing
may be continued from time to time upon mutual consent. At the time of the hearing, the
claimant,the City Administrator, and any other interested person may present such relevant
evidence as he or she may have relating to the determination from which the appeal is taken.
(d) Based upon the submission of such evidence and the review of the City's files, the
Hearing Officer shall issue a written notice and order upholding, modifying or reversing the
determination from which the appeal is taken. The notice shall be given within fourteen(14)
days after the conclusion of the hearing and shall state the reasons for the decision. The notice
shall specify that the decision is final and that any suit for judicial review pursuant to Revenue &
Taxation Code § 5141 shall be filed within six months from the date of the decision. If the
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Ordinance No. 3663
Hearing Officer fails or refuses to act on a refund claim within the fourteen (14) day period, the
claim shall be deemed to have been rejected on the fourteenth (i 4th) day.
(e) All notices under this section may be sent by certified mail, return receipt
requested.
(f) The City Administrator, in consultation with the City Attorney, shall appoint the
Hearing Officer.
SECTION 2. All remaining Sections of Ordinance No. 3653 remain in full force and
effect.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of September , 2004.
Ma
APPROVED AS TO FORM:
C -
City ClerkCity ttorney ��43I0V
INITIATED AND APPROVED:
f
I Citk Administrator
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Ord. No. 3663
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH ) -
I, JOAN L. FLYNN, the duly appointed, qualified City Clerk of the City of
Huntington Beach, and ex-off cio Clerk of the City Council of 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 7th day of September, 2004, and was again read to said City
Council at a regular meeting thereof held on the 20th day of September, 2004, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: None
ABSENT: Cook, Vacant Position Unfilled
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain'Valley
Independent on September 30,2004.
In accordance with the City Charter of said City
Joan L. Flynn,.Qfty Clerk ity Clerk and ex-offs Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California