HomeMy WebLinkAboutOrdinance #3751 I
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ORDINANCE NO. 3 7 51
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
TO REFLECT THE DUTIES AND ASSIGNMENTS OF
THE CITY TREASURER AND THE FINANCE DIRECTOR
The City Council of the City of Huntington B ach does hereby ordain as follows:
SECTION 1. Chapter'1.18 is hereby amended by adding new subsection 1.18.020(g) and
amending subsection 1.18.050(a)(14) as follows:
1.18.020 Definitions,
(g) Finance Director-shall mean the Director of the City's Finance Department or his/her
designee.
1.18.050 Citation Contents.
(a)(14)Any other information deemed necessary by the City Attorney, City Treasurer or Finance
Director for enforcement or collection purposes.
SECTION 2. Subsections 1.18.030(a) and 1.18.040(c) are amended to add the word
"Treasurer subsection 1.18.110(a)is amended to included the phrase "to the City Treasurer,"as
follows:
1.18.030 Administrative Citation for Non-building Violation.
(a) Any Enforcement Officer upon determining that a provision of this code, which he or she is
charged to enforce, has been violated has the authority to issue an administrative citation to any
responsible person or persons. An Enforcement Officer may issue a citation for a violation the
officer did not see occur if the officer has determined through investigation that the responsible
person did commit the violation. A responsible person to whom a citation is issued shall be liable
for and shall pay to the City Treasurer the fine or fines described in the citation when due pursuant
to the provisions of this chapter.
1.18.040 Administrative Citation for Building,Violation.
(c) If a building violation has not been corrected by the end of the correction period,the
Enforcement Officer has authority to issue to the responsible person a Notice of Noncorrection.
The citee to whom the Notice of Noncorrection is issued shall be liable for and shall pay to the City
the fine or fines described in the Notice of Noncorrection which fine shall be due on the date the
Notice of Noncorrection is issued. Additional citations may be issued and fines imposed for every
day the violation continues uncorrected from the date the Notice of Noncorrection is issued and the
citee shall be liable for and shall pay to the City Treasurer any additional fine which shall be due on
the date any new citation is issued.
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1.18.110 Waiver of Fine Deposit.
(d) If the waiver is denied,the citee shall pay the fine amount within fourteen days to the City
Treasurer. Failure to make the deposit by the time required shall be deemed an
abandonment of the contest. Upon receipt of the fine amount, the administrative hearing to
contest the citation shall be set pursuant to Huntington Beach Municipal Code §1.18.120
SECTION 3. Subsection 1.18.130(b)is amended to read as follows:
(b) If the decision is to uphold the citation,the City shall keep the fine deposited as payment upon
the fine due. If the decision is to cancel the citation, the Finance Director shallrefund the fine
deposit to the citee within 30 days of the filing of the decision. If the citation is upheld and the
fine deposit has been waived,the fine shall be due to the City Treasurer on the date the
decision is given to the citee at the end of the hearing by the Hearing Officer.
SECTION 4. Subsection 1.18.140(c) is amended to read as follows:
(c) The City Attorney,shall forward to the Court within 15 days of its request, the pertinent
citation documents for any case appealed to that court. If the Court cancels any citation, the
City Treasurer will refund any fine deposit made and the $25 appeal filing fee.
SECTION 5. Subsections (a), (c)(1) and (g).of Section 1.18.150 are amended to read as
follows:
(a) The City Treasurer at its discretion may pursue any and all legal and equitable remedies for the
collection of unpaid fines, interest and penalties:
(1) Pursuit of one remedy does not preclude the pursuit of any other remedies until the total
fines, interest and penalties owed by a person under this chapter have been collected.
(2) The City may refuse to issue, extend,or renew to any person, who has unpaid delinquent
fines, interest, penalties,liens or assessments, any City permit, license, or other City
services or approval pertaining to the property or person that is the subject of the fine and
citation.
(3)` Any permit, license,or any type of land use approval issued by the City to a person who
has unpaid fines, interest and penalties totaling$1,000 or more that remain delinquent for
30 days or longer shall automatically be suspended. The suspension becomes effective 10
days after the day notice of the suspension is sent via certified, U.S. mail,postage prepaid,
addressed to the person, and continues until the delinquency is paid in full. The person
may request a review hearing pursuant to the procedures in section 1.18.090 on the issue
of delinquency, if the request is filed before the 10 day period ends. Continuing to operate
under a suspended permit,license or approval shall be grounds for the revocation of the
permit, license or approval.
(4) The City Attorney,at his or her discretion,may also issue a criminal complaint to any
citee for a code violation when the applicable fine, interest or penalty has not been paid.
(c) (1) The City Treasurer in conjunction with the City Attorney must submit to and receive from
the City Council a resolution certifying the amounts of the liens and special assessments
sought to be collected from each property owner; and
(g) The mother,father and the legal guardian if there'is no'living parent,of a citee who is a'minor
shall be liable for any fines,penalties or interest or any other fees imposed upon the minor
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pursuant to the provisions of this chapter. Any such amounts may be collected from the minor or a
parent or guardian.
SECTION 6. Section 2.16.020 is hereby amended to change Finance Officer to
Finance Director in subsection(d) and to delete subsection (e).
SECTION 7. Section 2.16.030 is herebyamended to amend subsection(e) and to
add new subsections (g) and(k) as follows; -
2.16.030 Treasurer-Duties.
(e) Collects monies owed to the City whether by tax,fee, charge,judgment, settlement or
otherwise; utilizes letters,phone calls,and collection agencies as required; and may
write off uncollectible items up to $10,000 without further authorization,between
$10,000 and $50,000 with the prior approval of the City Administrator and in excess of
$50,000 with City Council approval only.
(g) Receives all City monies including taxes, fees, water, sewer and trash fees including oil
well royalties and transient occupancy taxes.
(k) Administer and enforce all Municipal Code regulations regarding the collection of
monies owed to the City.
SECTION 8: In Chapter 3.02 all references to Finance Officer are amended to read Finance
Director.
SECTION 9. In Chapter 3.20, Section 3.20.070 entitled Refunds,is hereby deleted.
SECTION 10. Section 3.28.080 is amended to read as follows:
3.2`8.080 Registration. Within thirty (30) days after the effective date of this chapter; or
within thirty (30) days after commencing business, whichever is later,each operator of any
hotel renting occupancy to transients shall register said hotel with the Finance Director and
obtain from him.a "Transient Occupancy Registration Certificate" to be at all times posted in
a conspicuous place on the premises. Said certificate shall, among other things, state the
following:
(a) The name of the operator;
(b) The address of the hotel;
(c) The date upon which the certificate was issued.
(d) "This Transient Occupancy Registration Certificate signifies that the person named on
the face hereof has fulfilled the requirements of Chapter 3.28 by registering with the
Finance Director for the purpose of collecting from transients the Transient Occupancy
Tax and remitting said tax to the City Treasurer. This certificate does not authorize any
person to conduct any unlawful business or to conduct any lawful business in an
unlawful manner, nor to operate a hotel without strictly complying with all local
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applicable laws, including but not limited to those requiring a permit from any board,
commission, department or office of this city. This certificate does not constitute a ,
permit."
SECTION 11. Section 3.28.090 is amended to read as follows:
3.28.090 Reporting and remitting. Each operator shall file a report each month on forms
provided by the Finance Director of the total rents charged and received and the amount of
tax collected for transient occupancies for the preceding month. The full amount of tax
collected shall be remitted to the City Treasurer. Said tax collected by each operator during
a calendar month, is due and payable and must be received by the City by the last business
day of the first month following and shall be delinquent and subject to the penalties noted in
section 3.28.100 of this chapter on the first day of the second month following. Said report
shall be filed at the same time the tax is remitted.' Returns are due and payable and
delinquent immediately upon cessation of business for any reason. All taxes collected by
operators pursuant to this chapter shall be held in trust for the account of the city until
payment is made to the City Treasurer.
SECTION 12. Section 3.28.100,subsection(c) is hereby amended to change the
reference to City Treasurer to Finance Director.
SECTION 13. Section 3.28.110 is hereby amended to read as follows:
3.28110 Failure to collect and report tax--Determination of tax by Finance Director. If any
operator shall fail or refuse to collect said tax and to make,within the time provided in this
chapter, any report and remittance of said tax or any portion thereof required by this chapter,
the Finance Director shall proceed in such manner as he may deem best to obtain facts and
information on which to base his estimate of the tax due. As soon as the Finance Director
shall procure such facts and information as he is able to obtain upon which to base the
assessment of any tax imposed by this chapter and payable by any operator who has failed
or refused to collect the same andto make such report and remittance, he shall proceed to
determine and assess against such operator the tax, interest and penalties provided for by this
chapter. In case such determination is made,the Finance Director shall give a notice of the
amount so assessed by serving it personally or by depositing it in the United States mail,
postage prepaid, addressed to the operator so assessed at his last known place of address.
Such operator may within ten(10) days after the serving or mailing of such notice make
application in writing to the Finance Director for a hearing on the amount assessed. If
application by the operator for a hearing is not made within the time prescribed,the tax;
interest and penalties, if any, determined by the Finance Director shall become final and
conclusive and immediately due and,payable to the City Treasurer. If such application is
made, the Finance Director shall give not less than five (5) days written notice in the manner
prescribed herein to the operator to show cause at a time and place fixed in said notice why
said amount specified therein should not be fixed for such tax, interest and penalties. At
such hearing, the operator may appear and offer evidence why such specified tax,interest
and penalties should not be so fixed. After such hearing the Finance Director shall
determine the proper tax to be remitted and shall thereafter give written notice to the person
and in the manner prescribed herein of such determination and the amount of such tax,
interest and penalties. The amount determined to be due shall be payable to the City
Treasurer after fifteen (15) days unless an appeal is taken as provided in section 3.28.120.
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SECTION 14. All references to City Treasurer in Sections 3.28.120, 3.28.130 and
3.28.160 are amended to Finance Director.
SECTION 15. Section 3.28.140 is hereby amended to read as follows:
3.28.140 Refunds. The following shall warrant a refund:
(a) Whenever the amount of any tax,has been overpaid or paid more than once or has been
erroneously or illegally collected or received by the City Treasurer under this Chapter, it
may be refunded as provided in this Section.
(b) The City Treasurer may refund any tax that has been overpaid,paid more than once, or
has been erroneously or illegally collected or received by the City Treasurer under this
Chapter, provided that no refund shall be paid under the provisions of this Section unless
the claimant or his or her guardian, conservator, executor or administrator has submitted
a written claim, under penalty of perjury,to the City Clerk within one year of the
overpayment or erroneous or illegal collection of said tax.. Such claim must clearly
establish claimant's right to the refund by written records showing entitlement thereto.
Nothing herein shall permit the filing of a refund claim on behalf of a class or group of
taxpayers. Where the amount of any individual refund claim is in excess of five
thousand dollars ($5,000), City Council approval shall be required.
(c) It is the intent of the City that the one year written claim requirement of this Section be
given retroactive effect; provided, however, that any claims which arose prior to the
enactment of the one year claims period of this Section, and which are not otherwise
barred by a then-applicable statute of limitations or claims procedure,must be filed with
the City Clerk as provided in this subsection within ninety (90) days following the
effective date of this Section.
(d) The City Treasurer, or the City Council where the claim is in excess of five thousand
dollars ($5,000) and the City Treasurer has approved the claim, shall act upon the refund
claim within forty-five (45) days of the initial receipt of the refund claim. Said decision
shall be final. If the Treasurer/City Council fails or refuses to act on a refund claim
within the forty-five(45) day period, the claim shall be deemed to have been rejected by
the City Treasurer/City Council on the forty-fifth (45th) day. The Treasurer shall give
notice of the action in a form which substantially complies with that set forth in
Government Code Section 913.
(e) The filing of a written claim is a prerequisite to any suit thereon. Any action brought
against the City pursuant to this Section shall be subject to the provisions of
Government Code Sections 945.6 and 946.
SECTION 16. Section 3.32.100 is hereby amended to read as follows:
3.32.100 Refund. The following shall give rise to refunds:
(a) Whenever the amount of any tax has been overpaid or paid more than once or has been
erroneously or illegally collected or received by the City Treasurer under this Chapter, it
may be refunded as provided in this Section.
(b) The City Treasurer may refund any tax that has been overpaid, paid more than once, or
has been erroneously or illegally collected or received by the Treasurer under this
Chapter, provided that no refund shall be paid under the provisions of this Section unless
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the claimant or his or her guardian, conservator,executor or administrator has submitted
a written claim,under penalty of perjury, to the City Clerk within one year of the
overpayment or erroneous or illegal collection of said tax. Such claim must clearly
establish claimant's right to the refund by written records showing entitlement thereto.
Nothing herein shall permit the filing of a refund claim on behalf of a class or group of
taxpayers. Where the amount of any individual refund claim is in excess of five
thousand dollars ($5,000), City Council approval shall be required.
(c) It is the intent of the City that the one year written claim requirement of this Section be
given retroactive effect;provided,however, that any claims which arose prior to the
enactment of the one year claims period of this Section, and which are not otherwise
barred by a then-applicable statute of limitations or claims procedure, must be filed with
the City Clerk as provided in this subsection within ninety(90) days following the
effective date of this Section:
(d) The City Treasurer, or the City Council where the claim is in excess of five thousand
dollars ($5,000),,and the City Treasurer has approved the claim, shall act upon the
refund claim within forty-five'(45)days of the initial receipt of the refund claim. Said
decision shall be final. If the City Treasurer/City Council fails or refuses to act on a
refund claim within the forty-five (45) day period, the claim shall be deemed to have
been rejected by the City Treasurer/City Council on the forty-fifth(45th) day. The
Treasurer shall give notice;of the action in a form which,substantially complies with
that set forth in Government Code Section 913.
(e) The filing of a written claim is a prerequisite to any suit thereon. Any action brought
against the City pursuant to this Section shall be subject to the provisions of
Government Code Sections 945.6 and 946.
SECTION 17. In Chapter 3.40, sections'3.40.060 and 3.40.070 are hereby amended as
follows:
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 City Treasurer 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, commercial 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 or if any fees or taxes are
due to the City under this Chapter.
SECTION 18. All references to district in subsections 3.56.320(a), 3.56.320(b) and
3.56.320(b)(2) are hereby amended to County.
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SECTION 19. Subsection3.56.420(a) is hereby amended to read as follows:
3.56.420 Sale of bonds; appraisal of real property subject to special tax for paying debt service on
bond; determination of no unusual credit risk; vote to proceed for specified public policy reasons.
(a) The legislative body may sell bonds pursuant to this Code only if it determines prior to the
award of sale of bonds that the value of the real property that would be subject to the
special tax to pay debt service on the bonds will be at least three times the principal amount
of the bonds to be sold and the principal amount of all;other bonds outstanding that are .
secured by a special tax levied pursuant to this Code on property within the community
facilities district or a special assessment levied on property within the community facilities
district. Any determination made pursuant to this subdivision shall be based upon the full
cash value as shown on the ad valorem assessment roll or upon an appraisal of the subject ,
property made in a manner consistent with the policies adopted pursuant to paragraph (5)
of subdivision (a) of Section 3.56.100 by a state certified real estate appraiser, as defined in
subdivision (c) of Section 11340 of the California Business and Professions Code. The
City Treasurer and the Finance Director may recommend definitions, standards, and
assumptions to be used for these appraisals. These definitions, standards, and assumptions
are advisory only, and the` definitions, standards, and assumptions to be applied to
appraisals will be those adopted by the local agency pursuant to paragraph (5) of
subdivision (a)of Section 3.56.100.
SECTION 20. Section 5.04.010 is amended to add a new subsection(k)to read as follows:
(k) "Finance Director"shall mean the Finance Director or his/her designee.
SECTION 21.The reference to City Treasurer in Section 5.04.060 is hereby amended to
Finance Director.
SECTION 22. In Chapter 5.08, all"references in Sections 5.08.015; 5.08.020; 5.08.170;
5.08.180; 5.08.200; 5.08.220; 5.08.230; 5.08.250; 5.08.280; 5.08.290; 5.08.300; and 5.08. 310, to
City Treasurer are amended to Finance Director.
SECTION 23. Section 5.08.060 is amended to read as follows:
5.08.060 Additional sums due before renewal. No renewal license shall be issued until the
full amount due and payable, including any penalties or other unpaid fees or taxes levied by
any City department have been paid in full.
SECTION 24. Section 5.08.100 is amended to read as follows:
5.08.100 Delinquent payment--Penalty. For failure to pay a license tax when due,the City
Treasurer shall direct the Finance Director to add a penalty of ten percent (10%)of the
license tax on the first day of each month after the due date thereof.
SECTION 25. Section 5.08.160 is amended to read as follows:
5.08.160 Replacement--Fees. A duplicate license, license decal or license plate may be
issued by the Finance Director to replace any license, license decal or license plate
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previously issued hereunder which has been lost or destroyed upon the licensee filing a
statement of such fact, and at the time of filing such statement,paying to the City Treasurer
a fee as adopted by Resolution of the CityCouncil.
SECTION 26. In Chapter 5.16,all references in Sections 5.16.020 and 5.16.030 to City
Treasurer are amended to Finance Director.
SECTION 27. In Chapter 5.70, Section 5.70.015 is hereby amended to change City
Treasurer to Finance Director.
f
SECTION 28. Section 7.08.130 Enforcement authority of Chapter 7.08 is deleted in its
entirety.
SECTION 29. In Chapter 14.08,the reference to City Treasurer in Section14.08.010 is
amended to Finance Director.
SECTION 30.All other provisions of the Huntington Beach Municipal Code not modified
herein remain in full force and effect.
SECTION 31. 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 2 n d day of October ,200 6
Mayor
ATTEST: APPROVED AS TO FORM:
�ffi A-��
City Clerk City Attorney ► Aw
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City dministrator (AtI6—C�ityttorney 0 /Ot'
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Ord.No. 3751
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio 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 re ular
meeting thereof held on the 18th day of September,2006, and was again read to said
City Council at'a regular meeting thereof held on the 2nd day of October,2006, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Bohr, Green, Coerper, Sullivan,Hansen,Cook
NOES: None
ABSENT: Hardy (Out of room)
ABSTAIN: None
L 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 October 12,2006.
In accordance with the City Charter of said City
3E-
Joau L. Flynn,Cily Clerk City erk and ex-officio Cley
,Deputy city Clerk of the City Council of the City
of Huntington Beach, California