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Home My WebLink AboutORDINANCES AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE REGA (2) e El Council/Agency Meeting Held: 2006 SEP /I"7 PH 3 Deferred/Continued toYd PMh lo c�-,JO // �„ � T � Approved ❑ Conditionally Approved.90 :Ev rOsDeniedE it CI rk' ignat r Council Meeting Date: September-18, 2006 Departmen Number: CA 06-17 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: -HONORABLE MAYO D CITY COUNCILMEM'BERS SUBMITTED BY: JENNIFER MCGRA y Attorney PREPARED BY. JENNIFER MCGR ity Attorney SUBJECT: Adoption of Ordinances Amending the Huntington Beach Municipal Code Regarding the City's Fiscal Branch. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status;Attachment(s) Statement of Issue: Earlier this year, City Council approved changes to the. functional areas of responsibility for the City Treasurer's Department and the Finance Office to streamline City-operations, improve internal controls and allow the City.Treasurer to focus on City Charter designated responsibilities. In addition, the ordinance includes the creation of a claim processing procedure for certain types of claims that are excluded from the California Tort Claims Act. Funding Source: General Fund unreserved fund balance. Recommended Action: Motion to: 1. #Adopt Ordinance No. Amending the Huntington . Beach Municipal Code To Reflect the Duties and Assignments of The City Treasurer and the Finance Director. 2. Adopt Ordinance No. 3 Amending the Huntington Beach Municipal Code To Add Chapter 2.15 Finance Department. 3. Adopt Ordinance No. 11_5�23 Amending the Huntington Beach Municipal Code to Add Chapter 1 .22 Relating to Claims Against the City of Huntington Beach. Alternative Action(s): 1. Do not adopt Ordinance No. 2. Do not adopt Ordinance No. 37.3 3. Do not adopt Ordinance No. 3?-5-3 REQUEST FOR CITY COUNCIL ACTION MEETING'DATE: 9/18/2006. DEPARTMENT ID NUMBER: 'CA 06-17 Analysis: To implement the City Council action of February 6, 2006, the following ,Municipal Code Chapters require amendment. The.primary amendments are clerical in:nature as.they change City Treasurer, to Finance " Director to comply -.with the. reorganization and streamlining. To facilitate review, the significant amendments are summarized below:. Chapters'. 1.18, Administrative Citations. The primary amendments to this 'chapter include ;adding the Finance Director and defining the City Treasurer as the collector of payments. 2.16 City Treasurer:- Duties of the City Treasurer are revised. 3.02 Purchases of Goods and Services. All references to Finance Officer havei been changed to Finance Director. 3.28 Uniform Transient Occupancy Tax. Change to finance Director from City.Treasurer and designation of procedures regarding refunds. 3.32' Cigarette Tax.. Designation of procedures regarding refunds. 3.40, Community Enrichment Library Fee. Change Director of Finance''to City,'Treasurer and expand payment requirements for construction. Regarding.the proposed claims ordinance, the. City Attorney recommends adoption of the claims filing ordinance to permitthe City both to improve its ability to timely investigate claims for monetary damages and to eliminate or reduce some'claims by imposirig.a shorter statute of limitations. The California- Tort Claims Act requires a written claim to be filed before suing. (California Government Code Sections 945.4.) The claim allows public agencies to timely investigate. the matter,'. thereby reducing litigation expenses and potential judgments by,considering settlement at an early stage of the litigation. The administrative claim must be filed within six- months after the claim arises (if the claim is based on personal injury or injury to personal` property)and within one year for all other claims. (Section 911.2'.) California Government Code Section 905 excludes twelve categories of damage claims from the.Tort Claims Act,. including: claims by the. State or any local. agency; :Revenue and Taxation Code claims or.other claims for refunds of illegally collected taxes; bond interest or principal interest claims.or any other financial instrument; claims .by public employees for. fees, salaries, wages, mileage or other expenses and allowances; public retirement or pension system claims However, California Government Code Section 935 permits the City to adopt its, own ordinance or regulation requiring the filing of an administrative-claim' for those claims otherwise excluded under Section 905. The effect of-the ordinance is to eliminate the Section 905 exclusions. For example, other, cities seeking to assert claims against the City would be required to file a tort claim .before suing the City. Similarly, a claim must be presented before claiming any tax refund. This could reduce the statute of limitations on such tax refund claims from three or four years, depending on-the otherwise applicable statute to six months or one year, depending upon the nature of the -2- 9/5/2006 5:01 PM REQUEST FOR CITY COUNCIL ACTION MEETING,DATE:'9/18/2006 DEPARTMENT ID NUMBER: CA 06-17 claim. Currently;.taxpayers.must first file a claim for refunds of.utility users tax before filing suit,. and;can only seek-a refund for taxes paid within'.one year of the date-of the claim. The ' ordinance-woultl extend this.provision to other taxes, such as the transient occupancy tax, the cigarette tax and the retirement property tax. Environmental Status: 'N/A :Attachment(s) City Clerk's Page Number No. Description Ordinance, No. 315"1 Amending. the Huntington Beach Municipal . Code To Reflect the Duties and Assignments of The City Treasurer --andthe Finance Director. F 2.. 'Ordinance No. ,3"3a Amending the 'Huntington beach-Municipal k Code To Add Chapter 2.15 Finance Department. QI 5 3:• Ordinance No. 3 hS3 . Amending the Huntington Beach. Municipal x Code to Add. Chapter 1.22. Relating to Claims Against the City of Huntington Beach. 4 Legislative Drafts of Chapters 1.18, 2.16, 3.02, 3.20, 3.28, 3.32, 3.40, 3:56, 5.04, 5.08, 5.16, 5.70; 7.08, 14.08. -3- 9/5/2006 5:01 PM ' ATTACHMENT NO . 1 { II 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 Beach.does hereby ordain as follows: SECTION l Chapter'l.18 is hereby amended by adding new subsection 1.1"8.020(g) and amending subsection 1.18.050(a)(14) as follows: 1.18.020 Definitions." (g) Finance Director—shall mean the birector 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. 06ord/new finance/amending all 1 Ord . - No. 3751 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 shall refund 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 06ord/new finance/amending all 2 Ord . t o . 3:751 pursuant to the provisions of this chapter. Any such amounts maybe 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 hereby amended 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: 3.28.080 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; s (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 06ord/new finance/amending all 3 Ord . No . 3751 ' 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: 3.28.110 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 and to 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 fora hearing on the amount assessed. 'If application by�the operator for 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. 06ord/nexe finance/amending all 4 Ord . No . 3751 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 groupof 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 06ord/new finance/amending all 5 rd . No ; 3751 ` -n 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 Maims 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: 140.060 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. 06ord/new finance/amending all 6 Ord . No . 3751 SECTION 19. Subsection 3.56.420(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 06ord/new finance/amending all 7. Ord . No ., 3751 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 City Council. 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. j 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 Section 14.08.010 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 . i Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney ��/br REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator City ttorney f�s jbt- 06ord/new finance/amending all $ 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 regular 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 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 October 12,2006. In accordance with the City Charter of said City ley. Joan L. Flynn, City Clerk City(jerk and ex-officio Cl Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT NO . 2 ORDINANCE NO. 3752 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER.2.15 FINANCE DEPARTMENT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended to add Chapter 2.15.17inance Department, said chapter to read as follows: Chapter 2.15 FINANCE DEPARTMENT Sections: 2.15.010 Establishment 2:15.020 Objectives 2.15.030 Director--Powers and duties 2,15.040 Appointment of subordinates 2.15.050 Publish Financial Summary 2.15.010 Establishment. There is hereby established a Finance Department which shall include the staff functions of finance, and purchasing. f 2.15.020 Objectives-. The objectives of the department shall be to establish, facilitate and maintain support to City operating departments. 2.15.030 Director-Powers and duties. The Finance Director shall be appointed by the City Administrator with the approval of a majority of the City Council. The Director shall have the following powers and duties: (a) Direct, plan, organize and coordinate programs and activities of the Finance Department; (b) Establish and maintain a system of financial procedures, accounts and controls for the City government and each of its offices, officers, departments and agencies; (c) Provide direction for the control of all expenditures to insure that budget appropriations are not exceeded; .(d) Manage the business license functions including the issuance of permits. (e) Direct and administer the City's centralized purchasing function with regard to procurement of all supplies, services and equipment for all City departments and agencies of the City. (f) Administration and enforcement of appropriate sections of Title 5 of the Huntington . Beach Municipal Code relating to business licensing. (g) Administer and enforce all Municipal Code regulations•including but not limited to: (1) Huntington Beach Municipal Code Licensing Procedures (Chapter 5.08) ord/new finance 1 Ord . No . 3752 (2) Huntington Beach Municipal Code Natural Resource Production (Chapter 5.32) (3) Transient Occupancy Tax (Chapter 3.28) (4) Late Charges (Chapter 3.48) (5) Service Connections (Chapter 14.08) (6) Fees,Rates and Deposits (Chapter 14.12) 2.15:040 Appointment of subordinates. The Director, with the approval of the City Administrator,shall appoint all other officers, assistants, deputies and employees of the Finance Department. 2.15.050 Financial and Accounting Duties of City Clerk Transferred In accordance with Government Code sections 37209 and 40805.5. the financial and accounting duties imposed.upon the City Clerk by Government Code sections 40802 through 40805 are hereby transferred to the Director of Finance. SECTION 2. 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 5200 6 Mayor . ATTEST: APPROVED AS TO FORM: ity er Ci :Attorney REVIE 7DA ROVED: ITIATED AND APPROVED: City Administ City Attorney U1 �z/o4 ordlnew finance 2 Ord. No. 3752 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 regular 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, Hardy,Hansen, Cook r NOES: None ABSENT: None , 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.October 12,2006. In accordance with the City Charter of said City Joan L. Flynn, City Clerk Ci Clerk and ex-offici*erk Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTAC H M EN T 3 ORDINANCE NO. 3753 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE TO ADD CHAPTER 1.22 RELATING TO CLAIMS AGAINST THE CITY-OF HUNTINGTON BEACH The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 1.22 is hereby added to the Huntington Beach Municipal Code, said Chapter to read as follows: Chapter 1.22 CLAIMS AGAINST THE CITY Sections: 1.22.010-Authority 1.22.020 Claims Required 1.22.030 Form of Claim 1.22.040. Claim Prerequisite to Suit 1.22.050 Suit 1,22.060 Property Taxes 1.22.010 Authority. This Chapter is enacted pursuant to Section 9.35 of the California Government Code. 1.22.020 Claims Required. All claims against the City of Huntington Beach for money or damages not otherwise governed by the Tort Claims Act, California Government Code Sections 900 et seq., or another state law or another provision of this Code (hereinafter in this Chapter, "claims") shall be presented within the time, and in the manner prescribed by.Part 3 of Division 3.6 of Title I of the California Government Code (commencing with Section 900 thereof).for the claims to which that Part applies by its own,terins; as those provisions now exist or shall hereafter be amended, and as further provided by this Chapter. 1.22.030 Form of Claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on.behalf of a class of persons unless verified by every member of that class as required by this Chapter. In addition, all claims shall contain the information required by California Government Code Section 910. 1.22.040 Claim Prerequisite to Suit. In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this Chapter and acted upon by the City Risk Manager prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of this Chapter. Where the amount of the claim exceeds fifteen thousand dollars ($15,000.00), but is less than fifty thousand dollars ($50,000.00), approval of the City Attorney is also required to pay the claim. No claim in excess of fifty thousand dollars ($50,000.00) may be paid without City Council approval. 06ord/new.finance/mc122' 1 Ord . No : 375.3 1.22.050 Suit. Any action brought against the City of Huntington Beach upon any claim or demand.shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brought against any employee of the City of Huntington Beach shall conform with the requirements of Sections 950-95 1'of the California Government Code. . 1.22.060 Property Taxes. This Chapter shall apply to all claims for refunds of any property tax levied pursuant-to Revenue & Taxation Code Section 96.31(a)(4). SECTION.2.. 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 . , 2006. Mayor ATTEST: IZVED AS TO FORM: - V V ) � ity Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City dmistrator m City ttomey cJ rS�b 066rd/new finance/mc122 2 Ord. No. 3753 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 regular meeting thereof field 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, Hardy, Hansen, Cook NOES: None ABSENT: None ABSTAIN: None 1,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 Joan L..Flynn,City Clerk Cit Clerk and ex-officio Mrk Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENTNO . 4 ORDINANCE INO. LEGISLATIVE DRAFT Chapter 1.18 ADMINISTRATIVE CITATIONS (3397-7/98, 3630-02/04) Sections: 1.18.010 ' Applicability 1.18.020 Definitions 1.18.030 Administrative Citation 1.18.040 Citation for Building Violation 1.18.050 Citation Contents 1.18.060 Service of Citation ' 1.18.070 Amount of Civil Fines 1.18.080 Payment of Civil Fines 1.18.090 Preliminary Review 1.18.100 Request for Administrative Hearing 1.18.110 Waiver of Fine Deposit 1.18.120 Hearing Procedures 1.18.130 Administrative Hearing Decision 1:18.140 Right to Judicial Review 1.18.150 Collection of Unpaid Fines 1.18.010 Applicability. (a) This chapter makes any violation of the provisions of this code subject to civil fine. (3397-7/98) (b) This chapter establishes the,administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines pursuant to Government Code section 53069.4 and the City's plenary police power under its charter. (3397-7/98) (c) The issuance of an administrative citation under this chapter is solely at the City's discretion and is one option the City has to address violations of this code. By adopting this chapter, the City does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the City may select in a particular case. (3397-7/98) (d) The purpose of issuing administrative citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this code for the protection and benefit of the entire community. (3397-7/98) -(e) Notwithstanding any lease, license or any other instrument or agreement, the owner of any real property has the right to enter upon his or her own property to the extent reasonably necessary to abate any nuisance or correct any violation of this code existing thereon. The provisions of this subsection shall be an implied term of any instrument affecting the right to possession.of real property located in the City of Huntington Beach. (3397-7/98) (f) Because of the serious blighting conditions that can result affecting the residents' health and safety, this chapter is intended to impose strict civil liability upon the owners and lessees of real property for alt building, housing, fire and health code and zoning violations that occur upon the subject premises. (3397-7/98) 1.18.020 Definitions. The following definitions apply to the use of these terms for the purposes of this chapter: legisdrWnew finance/mc0118 1 (a) Building Violation- Any violation of this code pertaining to building, plumbing, electrical, or other similar structural of zoning regulations set forth in this code that does not create an immediate danger to health or safety. (3397-7/98,3630-02/04) (b) Citation- An administrative citation issued pursuant to this chapter. Citation includes a Notice of Noncorrection unless the context clearly shows otherwise. (3397-7/98,3630-02/04) (c) Citee - Person given an administrative citation charging him or her as a responsible person for a code violation. (3397-7/98,3630-02/04) (d) City Attorney-—The City Attorney or his/her designee. (3630-02/04) (e) City Treasurer—The City Treasurer or his/her designee. (3630-02/04) (f) Enforcement officer - Any City employee or agent of the City designated by the Director of any City department which has the authority and responsibility to enforce provisions of this code. (3397-7/98,3630-02/04) (g) Finance Director— shall mean the Director of the City's Finance Department or is/her designee (gh)Hearing Officer- The person appointed by the City Administrator to serve as the Hearing Officer for administrative hearings. Prior to conducting hearings the Hearing Officer must first be certified by the City Attorney as qualified to provide a fair and impartial hearing based on appropriate education, training and experience. (3397-7/98, 3630-02/04) (h i)Issued- Giving a citation to the citee and issuance occurs on the date when a citation is personally served on the citee, the date it is mailed to the citee, or the date it is posted on real property where a property related violation occurs. (3397-7/98,3630-02/04) (I j) Issuing department -The City department that has the authority and responsibility for enforcing the code section(s) designated on a citation as having been violated. (3397-7/98,3630- 02/04) (} k) Notice of Noncorrection - A reissuance of an original citation for a building violation which notes a violation(s) on the original citation has not been corrected within the applicable correction period. (3397-7/98,'3630-02/04) Responsible person- A responsible person is any of the following: (3397-7/98,3630-02/04) (1) A person who causes a code violation to occur. (3397-7/98) (2) A person who maintains or allows a code violation to continue, by his or her action or failure to act. (3397-7/98) (3) A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act. (3397-7/98) (4) A person who is the owner of, and a person who is a lessee or sublessee with the current right of possession of, real property where a property related code violation occurs. (3397-7/98). (5) A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises. (3397-7/98) legisdrR/new finance/=0118 2 For purposes of this subdivision "person" includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. (3397-7/98) There shall be a legal rebuttable presumption that the record owner of a parcel according to the County's latest equalized property tax assessment rolls and a lessee or sublessee of a parcel has notice of any code violation existing on the premises. (3397-7/98) For the purposes of this chapter, there may be more than one responsible person for a code violation, and a minor at least 14 years of age may be a responsible person subject to the provisions of this chapter. (3397-7/98) 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. (3397a/98) (b) Each day a violation of this code exists shall be a separate violation and be subject to a separate fine. A citation may charge a violation for one or more days on which a violation exists, and for violation of one or more code sections. (3397-7/98,3630-02/04) (c) The City may take into consideration the fact that a person has been issued citations when the City is determining whether to grant, suspend, revoke, or deny any permit, license, or any type of land use approval for the person and such citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons and businesses in the vicinity. (3397-7/98,3630-2/04) 1.18.040 Administrative Citation for Building Violation. (a) When a citation is issued for a building violation, a thirty(30) day correction period shall be provided for the correction of the violation and the citee shall correct the violation within that period. Notwithstanding section 1.18.030, no responsible person for a building violation shall be liable for a civil fine unless the violation continues after the 30 days allowed for its correction (plus any extension) and he or she is issued a Notice of Noncorrection. (3397-7/98) (b) The citee of a building violation may request an extension of the correction period provided .that a request is filed with the Director of the Issuing Department before the 30-day period ends. The Director may in his or her discretion grant a reasonable extension of the period of time to correct the violation if the citee has supplied substantial evidence showing that the correction cannot reasonably be made within the 30-day period. The Director's decision shall be in writing and is final. The filing for such an extension does not, unless granted, extend the 30-day correction period or any other time periods set by this chapter. (3397-7/98) (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 . legisdrff/new finance/mc0118 3 City Treasurer any additional fine which shall be due on the date any new citation is issued. (3397-7/98) (d) If upon reinspection the Enforcement Officer determines the violation has been corrected,he or she will issue a Notice of Decision to the citee indicating correction has been made. (3397-7/98) 1.18.050 Citation Contents. (a) Each administrative citation shall contain the following information: (3397-7/98) (i) Name of the responsible person for the violation of this code. (3397.7/98) (2) Date on which an inspection established the code.violation. (3397-7/98) (3) Issuing department for the code section(s) violated. (3397-7/98) (4) The code section violated. (3397-7/98) (5) Address where the code violation occurred. (3397-7/98) (6) Description of the violation established by inspection. (3397-7/98) (7) Amount of the fine for the violation and procedure to pay the fine and avoid a late payment penalty. (3397-7/98) (8) Designation of a building violation (if applicable), date the 30-day correction period expires, and how to request an extension of that period, and designation of a Notice of Noncorrection for a building violation that has not been corrected. (3397-7/98) (9) Designation of any prior citations, issued for the same code violations, if known. (3397-7/98) (10) Description of the procedure for requesting a Waiver of Fine Deposit and/or an Administrative Hearing to contest a citation: (3397-7/98) (11) A notice that the code violation is a nuisance and that collection of unpaid fines and/or nuisance abatement costs can be enforced as an assessment or lien against the property where a property related code violation occurs and that unpaid assessments can result in the property being sold after three years by the County Assessor as set forth in section 1.18:150 of this code.(3397-7/98,3630-02/04) (12) Signature of the Enforcement Officer issuing the citation. (3397-7/98,3630-02/04) (13) Date the citation is issued.(33W-7/98,3630-02/04) (14) Any other information deemed necessary by the City Attorney,or-City Treasurer or Finance Director for enforcement or collection purposes. (3397-7/98,3630-02/04) 1.18.060 Service of Citation. A citation may be served as follows: (a) An Enforcement Officer may personally serve the citation on the citee. The citee is required to sign a copy of the citation showing his or her receipt of the citation. (3397-7/98) (b) An Enforcement Officer may mail the citation by certified mail. The citation shall be mailed to the citee's address shown on the county`s last equalized property tax assessment rolls for a property related violation, or to any address known for the citee for all other violations. (3397-7/98,3630-02/04) legisdrft/new finance/mc0118 4 (c) An Enforcement Officer may post the property in a conspicuous place with a copy of the citation when the citee resides at an unknown address other than where the violation occurs. A copy of the citation shall also be mailed via certified mail to the citee at the property address. (3397-7/98,3630-02/04) 1.18.070 Amount of Civil Fines. (a) The amount of the fines for violating particular provisions of this code shall be set in a schedule of fines adopted by resolution by the City Council. The schedule may include escalating fine amounts for repeat code violations occurring within specified periods of time. (3397-7/98) (b) The schedule of fines may also specify the.amount of interest, late payment penalty, and processing fee owed for any fine not paid when due. A late payment penalty and interest shall be owed for fines not paid within 30 days of the date of issuance of the citation. (3397- 7/98,3630-02/04) (c) Fines are due on the day the citation is issued, except (i) fines for building violations shall be due on the day the Notice of Noncorrection is issued and(ii) when a fine deposit has been waived pursuant to section 1.18.110 and the Hearing Officer upholds the citation,the fine shall be due on the date the decision is made and personally served on the citee or the date the decision is mailed to the citee. (3397-7/98) L.18.080 Payment of Civil Fines. (a) Fines shall be paid to;and received by the City Treasurer within 30 days of the date of issuance of the citation. (3397-7/98,3630-02/04) (b) Payment of a fine shall not excuse the citee from correcting the code violation. The issuance of a citation and/or payment of a fine does not bar the City from taking any other enforcement action regarding a code violation that is not corrected, including issuing additional administrative citations and/or criminal complaints. (3397-7/98) 1.18.090 Preliminary Review. (a) A person issued an administrative.citation may request a Preliminary Review, if the request is made.within 14 days of the date the citation is issued. A Notice of Noncorrection of a building violation shall not be subject to a request for Preliminary Review. (3397-7/98) . (b) To obtain a review, the citee shall go to the City government building where the Issuing Department is located. The citee must present a copy of the citation and a completed and signed request form stating the reasons why there was no violation or why he or she is not a responsible person for the violation. All requests shall be date stamped upon receipt. (3397-7/98) (c) The Preliminary Review shall be conducted by a City employee designated by the Director of the Issuing Department. The reviewer shall not be the Enforcement Officer who issued the citation. The purpose of the review is to uncover and cancel any mistakenly issued citations due to errors that are easily verifiable, and not to resolve factual disputes concerning the violation that is the subject of the citation. (3397-7/98) (d) The Preliminary Review will be decided at the time the request is filed if reasonably practical as determined by the reviewer. It shall consist of a review of the citation and the written request form and any other evidence submitted at the time of the request by the citee and, at the discretion of the reviewer, any other related information. Where the review is not completed within 5 working days of receipt of the request, the request shall be deemed denied. (3397-7/98) legisdrfilnew finance/mc0118 5 (e) The citee shall be notified of the results of the review by being given a Notice of Decision form stating the review decision. The citee may also be given additional notice by telephone or facsimile when practicable. (3397-7/98) (f) A request for Preliminary Review does not extend any time periods for compliance,, including the fine due date, the time any correction period ends, and the time to request an Administrative Hearing. (3397-7/98) (g) If the'reviewer concludes that no code violation occurred or that the citee was not responsible for the violation, the citation shall be canceled. (3397-7/98) 1.18.100 .Request for Administrative Hearing. (a) Any person receiving an administrative citation may contest it by filing a request for an Administrative Hearing, except that a hearing for a building violation may not be requested unless and until a Notice of Noncorrection is issued. To obtain a hearing, the citee shall file a signed written request form contained on the reverse side of the citation and indicate the grounds for contesting the citation and fine. A citee may contest the citation by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the citee is a responsible person for the violation. (3397-7/98) (b) To be effective and complete, the request must be received by the City Attorney within.30 days of the date the citation was issued, and be accompanied by evidence of payment of the full amount of the fine. Where a request and fine deposit are mailed by the citee, the request and fine deposit shall be deemed filed on the date received by the City Treasurer. All requests shall be date stamped upon receipt. (3397-7/98,3630-02/04) (c) The person requesting the Administrative Hearing may file a written declaration with the City Attorney before the hearing or personally attend the hearing on the date,time and place specified by the City Attorney. A failure to file a written declaration before the hearing or personally attend the hearing will be considered a non-appearance. Non-appearance by the citee shall constitute an abandonment of the request, unless the hearing was continued pursuant to section 1.18.120(f). (3397-7/98,3630-02/04) 1.18.110 Waiver of Fine Deposit. (a) A person who files a request for an Administrative Hearing may also request at the same time a hardship waiver of the fine deposit. To seek such a waiver and obtain a separate hearing on the request, the citee must check the box indicating this request on the form contained on the reverse side of the citation and attach a statement of the grounds for the request: To be effective, this form requesting the waiver and the Administrative Hearing ,must be received by the City Attorney within 30 days of the date the citation is issued. (3397-7/98,3630-02/04) (b) The person requesting the waiver bears the burden of establishing by substantial evidence that he or she does not have the financial ability to make the deposit of the fine. The citee shall appear at the hearing as set by the City Attorney's office or file a written declaration with the City Attorney prior to the hearing. A failure to file a written declaration before the hearing or personally attend the hearing will be considered a non-appearance. Non- appearance shall constitute an abandonment of both the requests unless the hearing was continued pursuant to section 1.18.120(f). (3397-7/98,3630-02/04) (c) The waiver request will be decided by the Hearing Officer at a separate hearing before the Administrative Hearing on the-contest of the citation. At the conclusion of the hearing on the waiver request, the Hearing Officer shall issue a decision that the fine deposit is or is not waived. A copy of the Notice of Decision shall be delivered to the citee at the end of the hearing on the waiver request. (3397-7/98,3630-02/04) legisdrft/new finance/mc0118 6 (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. (3397-7/98,3630-02/04) (e). The filing of a request for hardship waiver of the fine deposit does not extend any time periods set forth in this chapter, except the time when the fine deposit must be made. The Hearing Officer's decision on the waiver request is final and not subject to an appeal pursuant to section 1.1.8.140. (3397.7/98, 3630-02/04) - 1.18.120 Hearing Procedures. (a) The hearing shall be conducted by a Hearing Officer on the date, time and place specified by the City Attorney. (3397-7/98,3630-02/04) (b) The City Attorney shall ensure that the pertinent citation records are delivered to the Hearing Officer for a citation set for a hearing, including information showing all fine deposits and waivers granted. The City Attorney shall also make available to the citee before the hearing a copy of any additional reports concerning the citation that are provided to the Hearing Officer. (3397-7/98,3630-02/04) (c) The citee shall be given the opportunity to testify and.to present evidence relevant to the code violation specified in the citation. A parent or legal guardian of a citee who is a minor, under 18 years of age, shall accompany the citee. (3397-7/98,3630-02/04) (d) The citation and any other reports prepared by the.Enforcement Officer, or at his or her request, concerning the code violation or attempted correction of the code violation that are provided-to the Hearing,Officer shall be accepted by the Hearing Officer as prima facie evidence of the.code violation and the facts stated in such documents.(3397-7/98) (c) Neither the Enforcement Officer nor any other representative of the City shall be required to attend the hearing, nor shall the Hearing Officer require that there be submitted any evidence, other than the citation, that may exist among the public records of the City on the - violation. However, any such appearance and/or submission may be made at the discretion of the Enforcement Officer or any City employee or agent. (3397-7/98) (f). The Hearing Officer may continue a hearing if a request is made showing good cause by the citee or a representative of the City. All continuance requests shall either: (i) be made in person at the hearing by the citee or his or her representative if the citee is physically unable to attend, or'(ii) be made by a written request received by the City Attorney at least 24 hours before the hearing date. If the continuance is granted, a new hearing date shall-be set within 45 days. If the continuance is denied, the hearing shall proceed then and there as scheduled, and if the citee is not present the request(s) shall be deemed abandoned in accordance with subsection H below. The Hearing Officer's decision is final and he or she shall either personally give the Notice of Decision to the citee or,the representative if present at the end of the hearing or request that the notice be mailed by the City Attorney.. (3397-7/98, 3630-02/04) (g) The hearing shall be conducted informally and the legal rules of evidence need not be followed. The Hearing Officer does not have the authority to issue a subpoena. (3397-�/98) (h) The failure of the citee to appear at the hearing, unless the hearing was continued per . subsection (f) above, shall constitute an abandonment of the request for waiver of the fine deposit and/or the contest, and a failure to exhaust administrative remedies concerning the legisdrft/new finance/mcOt 18 violation set forth in the citation. The fine deposit shall be credited by the City upon the fine due for the violation. The failure to appear by the citee shall be noted on the Notice of Decision by the Hearing Officer which will be mailed to the citee by the City Attorney. (3397-7/98, 3630-02/04) 1.18.130 Administrative Hearing Decision. (a) . After considering all the evidence and testimony submitted at the administrative hearing, the Hearing Officer shall issue a written decision to uphold or cancel the citation. The Hearing Officer has no discretion or authority to reduce or modify the amount of any fine. The decision will be made on a Notice of Decision form and will state the reasons and evidence . considered for the decision. The.decision of the Hearing Officer shall be made at the conclusion of the hearing and shall be final. The Notice of Decision for the Administrative Hearing shall be personally delivered to the citee at the conclusion of the hearing. (3397-7/98) (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 C4t-y Finance Director shall refund 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. (3397-7/98) (c) The Hearing Officer's continued employment, performance evaluation, compensation, and benefits shall not directly or.indirectly be linked to the amount of citations upheld or canceled by the officer. (3397-7/98) 1.18.140 Right to Judicial Review. (a) The citee may seek judicial review of the Administrative Hearing decision by filing an appeal with the West Justice Center of the Superior Court within 20 calendar days after the citee receives a copy of the Notice of Decision at the conclusion of the hearing in accordance with the provisions of California Government Code section 53069.4. The appeal filed with the court must also contain a proof of service showing a copy of the appeal was served upon"City of Huntington Beach (Attention: City Attorney)." The citee must pay to the West Justice Center a $25 filing fee when the appeal is filed. (3397-7/98,3630-02/04) (b) No appeal is permitted from a decision on a request for preliminary review, or an extension of the 30-day correction period for building violations, or a request for waiver of the fine deposit, or where the citee is deemed to have abandoned the contest of the citation by an unexcused nonappearance at the hearing or failure to deposit the fine. (3397-7/98) (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. (3397-7/98, 3630-02/04) 1.18.150 Collection of Unpaid Fines. (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 legisdrft/new finance/mc01 18 8 1 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 City Getineil to fey6ke revocation of the permit, license or approval. Revo,.ations may be made by the City('. uiieil t a „blie ho,,fi ff T for w-hieh the per-son is given at ledst 10 days pr-iar-vffitten ti (3397-7/98, 3630-02/04) (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. (b) Any violation of this code shall constitute a nuisance. To compel code compliance, the City may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and/or special assessment against the property where a property related violation occurred in accordance with the procedures in Government Code sections 38773.1 and 38773.5. Any unpaid delinquent civil fines, interest and penalties maybe recovered as such a lien or special assessment against the property of the responsible person who is the owner of the property where the violation occurred. (c) To pursue an abatement of.a code violation as a nuisance and recover any delinquent civil fines, interest and penalties as a lien or special assessment, the following conditions must be met: (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 (2) The total amount of the delinquent fine, interest and penalty against the property owner must be $250 or more and be delinquent for 60 days or more. (d) The City Treasurer is authorized to take any steps necessary to enforce collection of the lien or special assessment, including but not limited to the following: (1) Request the County Recorder to record a notice of any lien or special assessment certified by the City Council. (2) Request the County Tax Collector to collect any special assessments certified by the City Council. The City Treasurer may pursue these remedies whether or not the City is pursuing any other .action to terminate an ongoing code violation that was the basis for the fine. (e) All citations shall contain a notice that unpaid fines, interest and penalties are subject to the assessment and lien collection procedures of this section. This notice shall satisfy the notice F requirements of Government.Code sections 38773.1 and 38773.5 when a citation is personally served on the citee. In addition, the City Clerk shall by first class mail send notice to each_property owner at least 10 days before the City Council considers the resolution to certify the amounts of the liens and special assessments stating the date, time legisdrftlnew finance/=0118 9 and location of the meeting. The lien or special assessment_shall be imposed on the date the citation for the code violation is issued to the responsible person and becomes effective upon the recording of a Notice of Lien or Special Assessment by the County Recorder. (3397-7/98,3630-02/04) (f) A citee may contest the amount and/or validity of any lien or special assessment for a civil fine at the public hearing when the City Council considers the resolution to certify the liens and assessments. Such contests by a citee shall be limited to the amount of the lien or assessment and may not consider the validity of the underlying code violation. Pursuit of such an objection by a responsible person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or special assessment. (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 pursuant to the provisions of this chapter. Any such fames amounts may be collected from the minor or a parent or guardian. legisdrft/new finance/mc0118 . 10 Ordinance No. LEGISLATIVE DRAFT Chapter 2.16 CITY TREASURER (15-5/09,265-11/23, 1935-11/74, 2052-5/76,2991-4/89, 3008-8/89, 3507-10/01, 3718-8/05) Sections: 2.16.010 Establishment 2.16.020 Powers 2.16.030 Duties 2.16:040 Appointment of subordinates 2.16.050 Funds 2;16.010 Establishment. There is hereby established a Department of City Treasurer. 2.16.020 Powers: The City Treasurer shall have the power to: (a) Receive on behalf of the City all taxes, assessments, license fees, and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State, or Federal Governments, or from any court, or from any office, department, or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City of any office, department, or agency of the City government and deposit or cause to be deposited all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then is such depository designated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing, and securing of public funds. (c) Pay out monies only on proper orders or warrants in the manner provided for in the City Charter. (d) Prepare and submit to the Finance Officer Director monthly written reports of all receipts, disbursements, and fund balances;and shall file copies of such reports with the City Administrator and City Council. (3718-8/05) 2.16.030 Treasurer- Duties. The City Treasurer shall be the head of the City Treasurer's Department and shall be elected by the voters. The City Treasurer shall have the following duties: (a) Plans, organizes, directs, and coordinates all programs and activities of the City Treasurer's Department, (b) Determines and directs department policies,procedures, and organization. (c) Obtains quotes for the investment of funds under his or her control, authorizes purchases, maintains documentation, receives payments, schedules maturities, authorizes fund transfers; calculates and makes daily repurchase agreements, and establishes and maintains an Investment Policy pursuant to the California Government Code. (3507-10/01) (d) Establishes and controls all bank accounts, negotiates services and contracts with bank, makes daily deposits, handles returned checks and reconciliation thereof. Huntington Beach Municipal Code Chapter 2.16 Page 1 of 2 (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. (3507-10/01) (f) Makes*cash flow projections on a weekly and monthly basis. (g) Manages the Business Lieense operation ineluding the issuanee of pefmits, r-eeeipting of oil. (hg) Receives all City monies including taxes, fees, water, sewer and trash fees including oil well royalties and transient occupancy taxes. (ih) Maintains all trusts, bonds, security agreements, and funds for the City including the filing, depositing, refunds and releases, letters of release, and inquiries relating thereto. (fii) Prepares, submits, and administers the annual budget for his or her department. (3507-10/01) (kj) Performs such other duties and has such other powers as the City Council may establish hereafter by resolution consistent with the City Charter. (1k) Administer and enforce all Municipal Code regulations regarding the collection of monies owed to the City, ineluding but not limited t . . (3507-10/01) (Chapter 5.08) (3507-10/01) (2) Hu tingt,.,.. Beaeh Munieipal Code Al t„«.,1 Reso fee Pfeil etie . 101) (Ch.,ptef 3.48) (3507W/01) (Ch ptef 14.08) (6) Fees Rates andLlepas;ts (Gh rite,. 1 n 12)-4� 3 2.16.040 Appointment of subordinates. The City Treasurer, may, subject to the approval of the City Council, appoint such Deputy or Deputies to assist the City Treasurer, or to act for him or m her, in carrying out the duties and responsibilities of this Chapter, at such salaries or compensation as the Council may by ordinance or resolution prescribe.. (3507-10/01) 2.16.050 Funds. All funds previously created and/or designated by ordinance shall continue and be maintained until expressly eliminated or otherwise disposed of by ordinance. Huntington Beach Municipal Code Chapter 2.16 Page 2 of 2'- ORDINANCE NO. LEGISLATIVE DRAFT Chapter 3.02 PURCHASES OF GOODS AND SERVICES (2259-2178,2433-7180,2464-12/80,3144-9/92,3316-1/96,3322-3/96,3510-10101,3718-8/05) Sections: 3.02.010 Established 3.02.015 Purpose 3.02.020 Officer--Duties 3.02.025 Definitions 3.02.030 " Officer--Exemptions from centralized purchasing 3.02.040 Procedures 3.02.050 Procurement and disposition responsibilities 3.02.060 Equipment leases 3.02.070 Methods of procurement 3.02.080 Competitive bidding requirement; exemptions 3.02.090 Pre-bid conferences or site inspections 3.02.100 Advertisement of bidding opportunities 3.02.110 Correction or withdrawal of bids 3.02.120 Receipt of bids or proposals 3.02.130 Evaluation of bids or proposals 3.02.140 Preparation of bid or proposal documents 3.02.150 . Cancellation of solicitations; Rejection of bids 3.02.160 Procurement records;Public inspection 3.02.170 Bonds and other security; insurance.requirements 3.01180 Local business preference 3.02.190 Exempt:and emergency procurements 3.02.195 Right to inspect plant and audit records, 3.02.200 Disqualification of vendors 3.02.210 Disposition of surplus personal property 3.02.220, Ethics 3.02.010 Established. .The Central Services Division is established for the purpose of providing for centralized purchasing of all supplies, services and equipment for the various agencies of the City. (2259-2/78,2464-12/80,3510-10/01,3718-8/05) 3.02.015 Purpose., This Chapter is adopted in order to provide a .uniform procedure for contracting for goods and services by the City of Huntington Beach, to provide for fair and equitable treatment of all persons involved, to obtain the highest possible value in exchange for public funds, and to safeguard the quality and integrity of the purchasing and contract process. (3510-10/01) 3.02.020 Officer--Duties. The Finance Offiee Director shall direct the activities of the Central Services Division. The Purchasing/Central Services Manager shall be responsible to the Finance Office Director. (2259-2/78,2464-12/80:3510-10/01,3718-8/05) 3.02.025 Definitions. For the purposes of this Chapter, the following definitions apply: (3510- 10/01) (a) Bid or Proposal Documents. The documents, including their attachments and addenda, which set forth instructions to bidders or proposers, and are disseminated.for the purpose of soliciting bids or proposals.(3510-10/01) (b) City Administrator shall mean City Administrator or his/her designee. (3510-10/01) legisdrfi/new finance mm0302 1 (c) City Employee. An individual who performs services for the City in the capacity of an elected or appointed official, or as a compensated employee of the City or" of a temporary services agency retained by the City. "City employee" ,does not include independent contractors. (3510-10/01) (d) Contract. Agreements, regardless of what they may be labeled,between the City and one or more other parties for the purchase or disposition of goods and/or services. (3510-10ro1) (e) ContractorNendor/Supplier. Any person who has entered into an agreement with the City for the provision or disposition of goods and/or services. (3510-10/01) (f) Finance Offie-er Director shall mean the Finance Office Director or his/her designee. (3510-10/01,3718-8/05) (g) Financial Interest. (3510-10101) (1) Ownership of any interest or involvement in any relationship from which, or as a result of which, a person has received compensation within the past year, or is entitled to, or is currently receiving compensation; (3510-10/01) (2) Ownership, whetherwholly or in part, of any property or business; or(3510-10/01) (3) Status as an officer, director, trustee, partners employee, or manager of a business. (3510-10/01) (h) Goods: Articles moveable at the time of sale, including but, not limited to equipment, supplies and materials. (3510-10/01) (i) Gratuity. A gift,payment, loan, advance, deposit of money, or service,presented or promised in return for or in anticipation .of favorable consideration in the procurement process. ".Gratuity" does not include the compensation paid by or due from the City or from a temporary service agency under contract with the City to an employee in connection with the employee's services for the City. (3510-10101) (j) Immediate Family. Any spouse, child, stepchild, parent or stepparent of a City employee. The relationship of parent to child includes both natural and adoptive relationships. (3510-10/01) (k) Local Business. A business entity with one or more fixed offices and/or locally taxable distribution points within' the boundaries of the City of Huntington Beach which holds a current and valid City.business license with a Huntington Beach business street address. (3510- 10/01 (1); Maintenance and Repair Services. Services intended to preserve and/or restore a public work to a clean, safe, efficient and/or continually usable .condition. Maintenance and repair services may include, but are not limited to: carpentry; electrical, painting,plumbing,glazing "and other craftwork to preserve a facility in the condition for which it was intended; repairs, cleaning and other operations on machinery and other equipment permanently attached to a facility as fixtures; the.mowing, pruning, and trimming of lawns, grass, trees, shrubs, bushes and hedges; and the regular removal or relocation of by-products or waste products accumulated at City facilities as the result of ongoing environmental processes. (3510-10/01) (m)Person. Any individual; partnership, limited partnership, association, corporation, labor union, committee, club, or governmental, public or quasi-public entity. (3510-10/01). (n) Procurement. The acquisition of goods and/or services by the City, including but not limited' to purchasing, rental or leasing, and all functions and procedures pertaining to such acquisitions."(3510-10/01) legisdrft/ncw finance mc0302 2 (o) Professional Services. Services, which involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise ortraining gained by formal studies or experience. Such services include, but are not limited to, those provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. The procurement of professional services is governed by Huntington Beach Municipal Code Section 3.03. (3510-10/01) (p) Responsible Bidder. A bidder determined by the awarding authority: (3510-10/01) (1) To have the ability, capacity, experience and skill to provide the goods and/or services in accordance with bid specifications; (3510-10/01) (2) To have the ability to provide the goods and/or services promptly, or within the time specified, without delay; (3510-10101) (3) To have equipment, facilities and resources of such capacity,and location to enable the bidder to provide the goods and/or services;(3510-10/01) (4) To be able to provide future maintenance, repair, parts and service for the use of the goods purchased,if appropriate; (3510-10/01) (5) To have a record of satisfactory or better performance under prior contracts with the City and other purchasers.where such bidder has previously been awarded such contracts; (3510-10/01) (6) To have complied with laws, regulations, guidelines and orders governing prior or existing contracts performed by the bidder, if applicable; (3510-10/01) (q) Responsive Bidder. .A bidder determined by the Purchasing/Central Services Manager to have submitted a bid or.proposal which conforms in all material respects to the requirements of the bid or proposal documents. (3510-10101 3718-08/05) (r) Services. Work performed or labor, time and effort expended by an independent contractor. (3510-10/01) (s) Specifications. A description of the physical or functional characteristics or of the nature of the required goods and/or services. (3510-10/01) (t) Surplus Personal Property. Goods owned by the City which are no longer needed or-which are obsolete or unserviceable, property that is a by-product (scrap metal, used tires and oil; etc.), or any unclaimed, seized or abandoned personal property in the possession or custody of the department of public safety which may be legally disposed of by the City. (3510-10/01) 3.02.030 Officer--Exemption from centralized purchasing. The Finance Offiee Director may authorize in writing any agency to purchase or contract for specified supplies, .services and equipment independently of the Purchasing Division;but he/she shall require that-such purchases or contracts be made in conformity with the procedures established by this.Chapter, and shallfurther require periodic reports from the agency on Ithe purchases and contracts made.under such Written authorization. (2259-2/78,2464-12/80,3510-10/01,.37.18-08/05) 3.02.040 Procedures'. . Purchase of supplies, services, equipment and the sale of surplus personal property shall be by procedures provided for in this Chapter. (2259-2178) 3.02.050 Procurement and disposition responsibilities. (3510-10/01) (a) The Director or his/her designee represented of the Department requiring.goods and services, other than professional services, shall: (3510-10/01) ' (1) Identify its procurement needs and the availability of funding. (3510-1,0/01) (2) Submit to the Purchasing/Central Services Manager specifications for the required goods and/or services. (3510-10/01,3718 08/05) (3) Participate in the evaluation of bids and proposals, as required. (3510-1Q/01) aegisdrfl/new finance mc0302 3 (4) Inspect goods delivered and services, other than.professional services, performed to determine conformity with the requirements set forth in the bid or proposal documents and with contractual obligations, authorize payment for conforming goods and/or services and notify the Purchasing/Central Services Manager of nonconforming goods and/or services. (3510-10/012,3718 08/05) (b) Finance Aff}ee Director. The Finance 9ffieer Director shall be responsible for the procurement of goods and/or services for the City in accordance with the provisions of this Chapter. No procurement of goods and/or services shall be made by any City employee independently of the Finance 9ffieer Director except in cases of emergency; unless otherwise authorized. in wri-ting by the City Administrator. The Finance 9er Director shall: (3510-10/01,3718 08/05) (1) Prepare and recommend to the City Administrator operational procedures and forms for the procurement of goods and/or services in cooperation with the Department Directors. (3510-10/01) (2) Procure or supervise the procurement of all goods and/or services needed in coordination with the department. (3510-10/01) (3) Process the contracts awarded. (3510-10/01) (4) .Whenever possible, establish standardized specifications and consolidation of requirements for goods and/or services required by two or more departments. (3510-10/01) (5) Determine the types, and amounts of bid security and any performance security acceptable for City procurements. (35.10-10/01) (6) Be the awarding authority for every procurement of goods and/or services for: (35to-10/ol) (i) which .the City has an approved budget and sufficient unencumbered appropriated funds; and (3510-10/01) (ii) wherein the cost of which will be fully paid or reimbursed to the City, regardless of amount. (3510-1o/o1) (7) Review the results of all formal competitive bid and proposal solicitations for which the City Council is the awarding authority. (3510-10/01). 3.02.060 Equipment leases. Upon approval of the City Attorney, the Finance 9f€ieer Director may enter into contracts to lease equipment in the following circumstances: (225972/78, 2464-12/80, 3322-3/96,3510-10101,3718-0805) - (a) Budgeted leases. There exists an unencumbered appropriation in the fund account for the amount of the lease payments for the current fiscal year. (3322-3/96) (b) The annual budget,for the fiscal year in which the lease is or was entered.into provides that: (3322-3/96) (i)i The equipment may be leased; (3322-3/96) (ii) The useful life of the equipment; (3322-3/96) (iii) The lease term; (3322-3/96) (iv)The annual lease payment; and (3322-3i96) (v) The interest rate." (3322-3/96) 3.02.070 Methods of procurement. (3510-10/01) (a) Small Procurements. Procurements anticipated to cost $30,000 or less in one transaction shall be made using simplified and cost effective operational procedures and forms without _ use of• formal or informal bids. Requirements shall not be artificially divided so as to 'constitute a small purchase under this subsection. (3510-10101) (b) Formal Competitive Bids. Procurements anticipated to cost more than $30,000 in one transaction shall be made by issuance of written invitations for bids. Bid documents include, at a minimum; instructions to bidders; specifications describing the required goods and/or services; bid forms and schedules; any required bond forms and proposed contract terms and legisdrft/new financelmc0302 4 conditions. The circumstances may require that a contract award be based on factors in addition to price. (3510-10/01) {c) Competitive Negotiation. The Purchasing/Central Services.Manager may establish, and the bid or proposal documents shall clearly define in a competitive negotiation procurement a two-tiered process in which bids or proposals, as first received, constitute preliminary offers only. Subject to the Purchasing/Central Services Manager's judgment, the Purchasing/Central Services Manager shall have the authority to enter into negotiations with those persons reasonably likely of being considered for selection for contract award. Following such negotiations, best and final bids or proposals will be accepted by the Purchasing/Central Services Manager. Bidders or proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of bids or proposals. During negotiation, there shall be no disclosure beyond the City staff evaluating the matter of any information derived form bids or proposals.submitted by competing bidder,or proposers. The contract award shall be made to the bidder or proposer whose bid or proposal offers the best value to the City, taking into consideration price and the evaluation criteria set forth in the bid or proposal documents. (3510-10/01,3718-08/05) 3.02.080 Competitive bidding requirement; exemptions. (3510-10/01) (a) Contracts for goods and/or services for which the cost to the City in one transaction will exceed $30,000 shall be let by formal competitive bidding or proposals pursuant to this Chapter. Procurement requirements shall not be artificially divided so as to avoid the competitive bidding requirement. (3510-10/01) (b) The following are exemptions to the competitive bidding requirements: (3510-10/01) (1) Professional or specialized services, as defined by this Chapter; (3510-10/01) (2) Emergency procurements, as defined by this Chapter; (3510-10/01) (3) Situations where solicitations of bids or proposals would for.any .reason be impractical, unavailing or impossible; (3510-10/01) (4) Sole source goods or services; (3510-10/01) (5) Insurance andbonds; (3510-10101) (6) Public library collection materials or services for the provision of public library collection materials or other books or periodicals; (3510-10/01) (7) Procurements funded by grants, donations or gifts when the special conditions attached to the grants, donations or gifts require the procurement of particular goods and/or services; (3510-10/01) (8) Goods and/or services obtained from or through agreement with any governmental,public or quasi-public entity; (3510-10/01) (9) Works of art, entertainment or performance; (3510-10101) (10) Surplus. personal property owned by another governmental; public or quasi- public entity', (3510-10/01) (1 l) Membership dues, conventions, training, and travel arrangements; (3510-10/01) (12) Advertisements in magazines, newspapers, or other media;'3510-1.0/01) (13) Goods procured from resale to the public; or(3510-10/01) (l 4) Where Competitive bids or proposals have been solicited and no bid or proposal has been received. In such a situation the Purchasing/Central Services Manager may proceed to have the services performed or the goods procured without further competitive bidding; (3510-10/01,3718-08/05) (c) The Purchasing/Central Services Manager shall.conduct negotiations, as appropriate, as to price, delivery and terms and may require the submission of cost or pricing data in connection with the award of a contract which does not require competitive bidding..(3510-10/01,3718-08/05) (d) Nothing in this section shall preclude thesolicitation of competitive bids or proposals, when possible. (3510-10/01) legisdrfi/new finance mc0302 3.02.090 Pre-bid conferences or site inspections. When deemed necessary the Purchasing/Central Services Manager is authorized to require bidders or proposers to attend pre- bid conferences or site inspections prior to the time and date set for receipt of bids or proposals and to consider bidders or proposers not in attendance as non-responsive. (3510-10/01,3718-08/05) 3.02.100 Advertisement of bidding opportunities. (3510-10/01) (a) A notice inviting sealed formal competitive bids or proposals shall be advertised using one or more methods designed to provide reasonable public notice in a manner which.will permit current information to be disseminated widely. (3510-10/01) (b) The notice shall specify the time on or before which bids or proposals will be received; where and with whom bids or proposals shall be filed; the date, time and place where and when bids or proposals will be publicly opened and the bids of each bidder declared. (3510-10/01) (c) At the.bidder's request, and where City deems feasible, bid documents may be transmitted to the bidder electronically. (3510-10/01) 3.02.110 Correction or withdrawal of bids. (3510-10/01) (a) Before Date and Time for-Receipt of Bids. Bids or proposals which contain mistakes discovered by, a bidder before the date and time for receipt of bids may be modified or withdrawn by written notice to the Purchasing/Central Services.Manager received prior to the deadline. (3510-10101,3718-08/05) (b) After Date and Time for Receipt of Bids. A bidder may:not change its bid or proposal after the date and time set for receipt of bids. (3510-10/01) (c) Withdrawal of Bid. A bidder alleging a mistake in a bid or proposal may be permitted to withdraw its bid or proposal provided that it establishes the following to the satisfaction of the awarding authority: (3510-10/01) (1) A mistake was made; (3510-10/01) - (2) The bidder gave .written notice of the mistake, and the manner. in which it occurred, to the. Purchasing/Central Services Manager within five calendar days following the deadline for receipt of bids; (3516-10/01,3718-08/05) (3) The mistake made the price materially different than the bidder intended it to be; (3510-10101) (4) The mistake was made in filling out the bid and not due to error in judgment or to . carelessness in inspecting the site of the work or in reading the bid 'documents; (3510-10/01) (5) If the awarding authority deems it to be in the best interest of the City, it may allow the lowest bidder to withdraw.its bid and award a contract to the next lowest bidder. In the event that bid security was required and provided by the lowest bidder; the amount of the lowest bidder's bid security shall be applied to the difference between the lowest bid and the next lowest bid and the surplus, if any, shall be returned to the lowest bidder or the bidder's surety, as applicable. (3510-10/01). 3.02.120 Receipt of bids or proposals. (3510-10/01) (a) Formal Competitive Bids and Proposals. Sealed bids and proposals submitted in response to formal competitive bid or proposal solicitations shall be received by the Purchasing/Central Services Manager at a time, date and place designated in the bid or proposal documents. Said bids and proposals shall be identified as such on the outside cover. (3510-10/01,3718-08/05) (b) Public Opening. Formal competitive bids or proposals,.timely received, will be publicly opened by the Purchasing/Central Services Manager in the presence of one or more witnesses"at the location designated in the bid notice. If members of the public are present, the names of those submitting legisdrft/new finance mc0302 6 bids and the aggregate bid pricing shall be read aloud at or shortly following the deadline-for receipt of formal competitive bids except those involving competitive negotiation. (3510-10/01,3718.-08/05) (c) Late Receipt.. Formal competitive bids or proposals received after the deadline for receipt of bids shall not be accepted and shall be returned to the bidder unopened unless necessary for identification purposes. The Purchasing/Central Services Manager shall submit written notification to the bidder stating what the deadline was, when the bid or proposal was actually received, and that it is being returned because it was received too late. (3510-10/01,3718-os/05) (d) No Receipt. If no bids or proposals are received in response to a competitive solicitation for goods and/or services, or if none of the bids or proposals meet the requirements as specified in the solicitation document, the Purchasing/Central Services Manager may reissue the solicitation or the awarding authority may authorize the.procurement of the required goods and/or services without further complying with competitive bidding.requirements, or the City may cease the procurement. An authorization to procure without bidding shall be documented and become part of the procurement records available for public inspection. (3510-10/01,3718-081,05) 3.02.130 Evaluation of bids or proposals. (35110-10/01) (a) Onc�Bid Received. In the event that a single bid or.proposal is received, the Purchasing/Central Services Manager shall have the authority to require the bidder or proposer to submit cost or pricing; data to assist in detennining if the price is reasonable. If the awarding authority determines that a bid price for goods and/or services is not reasonable, it may either reject the bid or it may authorize the Purchasing/Central Services.Manager to attempt to negotiate a reasonable price with the bidder or proposer, subject to the awarding authority's acceptance. Negotiation shall be completed within a reasonable time, as specified by the awarding authority. Should such negotiation fail, the bid may be rejected.. (3510-10/01,3718-08/05) (b) Tie- Bids. In the event that an identical price is received from two or more responsive and responsible bidders, and in the judgment of the awarding. authority the public interest will not be served by re-advertising for bids, the awarding authority may authorize the Purchasing/Central Services Manager to negotiate for the best possible price. . If one of the bidders is a local business then the tie bid will be awarded to the local bidder without the negotiations. (3510-10/01,3718-08/05) (c) Irregularities. In considering.bids or proposals for any.goods and/or services contract,the awarding authority may waive, if it wishes to do so, minor defects or, irregularities in the bids or proposals, provided that the discrepancy does not affect the bid or proposal amount or- give the bidder or proposer an advantage over others. (3510-10/01) 3.02.140 Preparation of bid or proposal documents. Any person, with whom the City has contracted to prepare, or assist in the preparation of, bid or proposal documents, is ineligible to submit a bid or proposal .for the provision of the goods or the performance of the services so specified. (3510-10/01) 3.02.150 Cancellation of solicitations; Rejection of bids.t3510-io/o1) (a) Cancellation of Solicitations. The Purchasing/Central Services Manager may cancel competitive bid or proposal,solicitations before the date and time set for receipt of bids or proposals upon a written determination that such action is in the City's best interest for reasons including, but not limited to any of the following: (3510-10101,3718-08/05) (1) The City no longer requires the goods and/or services, as determined by the City; (3510- 10/01) (2) The City no longer can reasonably expect to fund the procurement, as determined by the .Finance O1-f ee llirector,.City Administrator or City Council;.(3510-10/01,37i&08/o5) (3) Proposed amendments to the solicitation would be of such magnitude that a new solicitation is desirable; (3510-10/01). legisdrft/new finance mc0302 '(b) Rejection of Bids. The Purchasing/Central Services Manager may reject, in whole or in part, bids or proposals received in response to informal competitive bid or proposal solicitations, and may reject, in whole or in part, bids or proposals received in response to formal, competitive bid or proposal solicitations. if all bids are rejected, the City has the discretion to readvertise. (3510-10/01,3718-M/05) (c) Records. The fact that a solicitation was cancelled or bid or proposal rejected shall be made part of the procurement records. (3510-10/01) 3.02.160 Procurement records; Public inspection. (3510-10/01) (a) Records Maintenance. The Purchasing/Central Services Manager shall maintain.records-for each procurement which include, at a minimum, the procurement request- from the Department; the bid or proposal documents for the procurement, if any; any and all bids or proposals received; the basis on which contract award is made; and a copy of any and all contracts awarded. Such records shall be maintained for a period of time in compliance with state law and the City's records retention schedule and shall be available for public inspection during normal City business hours. (3510-10/01,3718-08/05) (b) Public Inspection. Informal and formal competitive bids not involving competitive negotiation shall be available for public inspection following the date and time set for receipt of bids. Informal and formal competitive proposals and formal competitive bids involving competitive negotiation shall be available for public inspection following contract award or . rejection. The City will not disclose any pricing agreements it may,have during the bidding process.(3510-10/01) 3.02.170 Bonds and other security; insurance requirements. (3510=10/01) (a) When Required. The Purchasing/Central Services Manager shall have the authority to require bid, performance and payment security or specific types and amounts of insurance coverage for specific procurements . to the extent required by state law or upon a determination that it is in the best interest of the City to do so. (3510-10/01,3718-08/05) (b) Bid Security. Bid security, if required; shall be submitted with the bid and shall be a certified check, cashier's check or surety bond issued by an admitted surety insurer authorized to conduct business in the state of California. If a bidder fails to submit,the required. bid security with the bid, the bid shall be deemed non-responsive.'. After bids are opened,.bid security is irrevocable for the period specified in the invitation for bids. If the successful bidder fails. to execute the contract within the time specified, the total amount of.the bid security shall be forfeited to the City: . The security of an unsuccessful bidder shall be returned to-the bidder no later than sixty calendar days from the-date of contract award. (3510-' 10/01) (c) Performance Security. Performance security, if required; shall.be in the form of a bond acceptable to the City and issued by an admitted surety insurer authorized to operate in the state of California. (3510-10/01) (d) Form of Bonds. The only bonds acceptable to the City shall be those executed on'forms approved by the City Attorney and included with the bid or proposal documents. (3510-1o/01) 3.02.180 Local business preference..(3510-10/01) (a) Subject to thelimitations contained,in this section, the Purchasing/Central Services Manager shall-extend a bidding advantage to a local business in the form of a 1% price preference in the evaluation of bids or proposals for the procurement of goods.(3510-16/01,3718-08/05) (b) The following contracts are exempt from the provisions of this section: (3510-10/01) le@isdrft/new finance mc0302 (1) Contracts funded in whole or in part from grants, donations or gifts to the City if the provisions of this section conflict with any. special conditions attached to the grants, donations or gifts, provided the special conditions have been approved and accepted pursuant to the donations policy of the City. (3510-10/01) (2) Emergency procurements. (3510-10/01) (3) Sole source contracts. (3510-ro/o1) (c) After a due process hearing, should the City Administrator determine that a price,preference was received under this section through an intentional.misstatement, the recipient of any such price preference shall be subject to a civil penalty of treble the dollar price preference received or$5,000.00, whichever is greater. (3510-10/01) 102.190 Exempt and emergency procurements. The following purchases and procurements are exempted from the requirements of this Chapter: (a) Public .works construction contracts. Those public works construction contracts; and the separate procurement of materials and supplies therefor, that are governed by other applicable laws, including but not limited to the City. Charter. (3510.10/01) (b) Emergency purchases and procurements. An emergency shall.be deemed to exist if. (3510- 10/01 (1) There is a-great public.calamity; (2) There is immediate need to prepare for national or local defense; (3).There'is a breakdown in machinery or an essential service which requires an immediate procurement in order to safeguard the public health; safety or welfare; (4) An essential, departmental operation affecting the public health, safety or welfare would be-greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement of the needed service. In case of an emergency which requires the immediate procurement of a commodity or service, the City Administrator may authorize the Finance Officer to secure by:the open- market procedure, at the lowest obtainable price, any service or commodity regardless of the amount of the expenditure. (3510-10/01,3718-08105) (c) Interagency purchase agreements. Procurements utilizing agreements maintained by other public agencies for the provision of services.or supplies to such agencies are exempt.from the bidding and/or request for proposal process requirements of this Chapter. (3510-1o/01) (1) Cooperative Procurement. Notwithstanding any other provision of this Chapter.. the Purchasing/Central Services Manager may authorize the.City's participation with one or more other governmental, public or quasi-public agencies in a cooperative agreement for the procurement of goods and/or services,provided that at least one of the agencies has solicited bids using methods similar to those set forth in this Chapter. (3510-1&01,3718-08f05) (2) Use of Another Entity's,Contract. The Purchasing/Central Services Manager may authorize the procurement of goods and/or services through the use of a contract initiated by another governmental,public or quasi-public entity, provided that the original patties to the contract agree, the contract was awarded. The contract is for identical or nearly identical goods and/or services, and the contract resulted from'a competitive`bid using methods similar to those required by this Chapter. (3510-10/01,3718-08/05) (3),Mutual Aid. The Purchasing/Central Services Manager may sell to, acquire from; or use goods belonging to anotbei. government, public or quasi-public agency independent of the requirements of this Chapter and .under the terms agreed upon between the parties, provided that such activity does not adversely affect City services and is approved in advance in writing by the City Administrator. (3510-10/01,3718-08/05) (d) Sole-source procurements. In those cases where the procurement of any product or supply is obtainable only from a single or sole.source, based upon the good faith review of available products and services by the Finance office r Director, the Finance Offer Director, and legisdrfl/news finance mc0302 9 with the assistance of the City Attorney, shall negotiate with the,purveyor of such equipment, product, supply or service, to the end that the City receives the desired product, equipment, service or supply on fair and equitable.terms. Examples of acceptable sole source purchases are equipment for which there is no comparable competitive product, a component or replacement part for which there is no commercially available substitute and which can be obtained only from the manufacturer, and an item where compatibility with items,in use by the City is the overriding consideration. Purchases from regulated public utilities may be made pursuant to applicable tariff without regard to this section. (3510-10/01,3718-08/05) 3.02.195 Right to inspect plant and audit records. (3510-10/a1) (a) Right to. Inspect Plant. The City may, at reasonable times,.inspect the part.of the plant, place of business or work site of a vendor/contractor or subcontractor at any tier which is pertinent to the performance of any contract awarded or to be awarded by the City. (3510-10/01) (b) Right to Audit. Records. The City shall. be entitled to audit the books and records .of a vendor/contractor or subcontractor at any tier to the extent that such books, documents, " papers; and records are pertinent to the performance of such contract or subcontract. .(3510= 10/01) 3.02.200 Disqualification of vendors. The Finance 9ffieer- Director may, for good cause appearing: (35M10/01,3718-08/05) (a) decline to accept offers,bids or quotations from prospective vendors; and/or(3510-10/01). (b) deem a prospective bidder/vendor as non-responsive or non-responsible.,(3510-10i01) A bidder/vendor whose offer, bid or quotation has.been declined or has been deemed non- responsive or non-responsible shall have,the right to appeal such decision of the Finance Offiee>r Director to the City�t '' Administrator within a reasonable time after demand made in writing to the Financenffiee Director to accept the proffered bid, offer or quotation. (2259-2178, 2464-12/80, 3510-10/01,371.8-08/05) 3.02.210 Disposition of surplus personal`property. (3510-10/01) (a) Authority. The Purchasing/Central Services Manager.is authorized to sell or dispose of surplus personal property having a salvage value in the open market; by public auction, by competitive, sealed bids or by exchange. or trade-in for new goods. The sale or lease of surplus personal property to a governmental, public or quasi-public agency may be without advertisement for or receipt of bids. p510-10/01,.3718-08/05) .'(b) Property with No Salvage Value. Surplus personal property with no salvage value, as determined:by the. Purchasing/Central Services Manager, shall be disposed of in a manner that salvages recyclable components, if practical. (3510-10/01,3718-08/05) (c) Unclaimed, Seized or. Abandoned Property. The Purchasing/Central Services.Manager is authorized to sell or dispose of all goods in the possession. or custody of the police department which are unclaimed, seized and/or abandoned and may be legally disposed of by the City. (3510-10/01,3718-08/05) (d) Records. The Purchasing/Central Services Manager,shall provide reports to the City Administrator which indicate surplus:personal property disposed of, the method of disposal, and the amounts.recovered from its disposal and shall maintain records.for public inspection relative to the disposal of surplus personal property for a period of time in compliance with state law and the City's"records"retention schedule. (3510-10/01,3718-08/05) (e) Donations. Upon approval in advance in writing of the City Administrator, surplus personal property maybe donated to governmental,public or quasi-public agencies, charitable or non- profit Organizations. (3510-10/01) legisdrIllnew finance'mc0302 10 (f) Proceeds of Sale. Proceeds from the sale of surplus personal property shall be deposited into the appropriate City fund. (3510-10/01) 3.02.220 Ethics. (3510-10/01) (a) Statement of Policy. City employees shall discharge their duties impartially so as to assure fair competitive access to City procurement opportunities by responsible contractors. Moreover, they shall conduct themselves in such a manner as to foster public confidence in the integrity of City procurement activities. (3510-10/01) (b) Conflict of Interest. No City employee shall participate directly or indirectly in a City procurement when the employeeInows that: (3510=10/01j (1) The employee or any member of the employee's immediate family has a financial interest pertaining to the procurement; or (3510-10/01) (2) The employee or any member of the employee's immediate family is negotiating or has an employment arrangement which is contingent upon or will be affected by the procurement. (3510-10/01) (c) Withdrawal from Participation. Upon.discovery of an actual or potential conflict of interest, an employee shall promptly withdraw from further participation in the procurement. (3510 10/01) .. (d) Gratuities. No person shall offer, give or agree to give. any City employee any gratuity or offer of employment in connection with a procurement by the City. No City employee shall solicit, demand, accept or agree to accept from any other person a gratuity or an offer of employment in connection with a procurement by the City. (3510-1o/01) legisdrfi/new finance mc0302 1 1. ORDINANCE NO. LEGISLATIVE DRAFT Chapter 3.20 DOCUMENTARY TRANSFER TAX (1369-12/67, 1925-8/74, Urg. Ord. 1993-6/75) Sections: 3.20.010 Title 3.20.020 Tax imposed 3.20.030 Payment of tax 3.20.040 Exceptions .3.20.050 Exception--Partnership 3.20.060 Administration 3.20 non Refunds' 3.20.010 Title. This chapter shall be known as the "Documentary Transfer Tax Chapter" of the city of Huntington Beach. It is adopted pursuant to the authority contained in Part 6.7 (commencing with section 11901) of Division 2 of the Revenue and Taxation Code of the state of California. (1369-1.2/.67, 1925-8/74, Urg. Ord. 1993-6/75) 3:20.020 Tax imposed. There is hereby imposed on each deed, instrument or writing by which any lands,.tenements, or other realty sold within the city of Huntington Beach shall be granted, assigned;transferred or otherwise conveyed to, or vested in,.the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds one hundred dollars ($100), a tax at the rate of twenty-seven and one- half cents ($.275) for each five hundred dollars ($500) or fractional part thereof. (1369-12/67, 1925-8/74, Urg. Ord. 1993-6/75) 3.20.030 Payment of tax. Any tax imposed pursuant to.section 3.20.020 hereof shall be paid by. any person who makes, signs, or issues any document or instrument subject'to the tax or for whose use or benefit the same is made, signed or issued. (1369-12/67, 1925-8/74, Urg. Ord. 1993-6/75) 3.20.040 Exceptions. The tax imposed by section 3.20.020 hereof shall not apply to: (a) Any instrument in writing given to secure a debt. (b) The United States or any agency or instrumentality thereof, or the District of Columbia for any tax imposed pursuant to this chapter with respect to.any deed, instrument, or writing to which it is a party, but the tax maybe collected by assessment from any other party liable therefor. (c) The making, delivering or filing of conveyance to make effective any plan of reorganization or adjustment: (1) Confirmed under the Federal Bankruptcy Act, as amended; (2) Approved in an equity receivership proceeding in,a court involving a railroad corporation, as defined in subdivision (m) of section 205 of Title 11 of the United States Code, as amended; (3) Approved in an equity receivership proceeding in a court involving a corporation,.as defined in subdivision (3) of section 506 of Title 11 of the United States Code, as amended; or 1egisdrft/mc0320LD 1 (4) Whereby a mere change in identity, form or place of organization is effected. Subdivision (1) to (4) inclusive of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyance occurs within five (5) years from the date of such confirmation, approval or change. (d) The making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision 1083 of the Internal Revenue Code of 1954; but only if (1) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of section 79k of Title. 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935; (2) Such order specifies the property which is ordered to be conveyed; (3) Such conveyance is made in obedience to such order. (1369-11169, 1925-8/74, 1993-6/75) 3.20.050 Exception--Partnership. The following exception shall apply to partnerships: (a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or otherwise, if-- (1) Such partnership (or another partnership) is considered a continuing partnership within the meaning of section 708 of the Internal Revenue Code of 1954; and (2) Such continuing partnership continues to hold the,realty concerned. (b) If there is a termination of any partnership within the meaning of section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, such partnership shall be treated as ` having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by such partnership at the time of such termination. (c) Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subdivision (b), and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such.termination. (1369-12/67, 1925-8/74,Urg. Ord. 1993-6/75)e 3.20:060 Administration. The county recorder shall administer this chapter irf conformity with the provisions of Part 6.7 of Division 2 of the Revenue and Taxation Code and the provisions of any county ordinance adopted pursuant thereto. (1369-12/67, 1925-8/74, Urg. Ord. 1993-6/75) 3.20.070 Refunds. Claims for- imposed puf sua-fit to this ehapter-shall be oz-the-Revenue-and Taxation-Code-oz-the state ef (1369 12/67, 10 legisdi ft/mc0320LD 2 ORDINANCE No. LEGISLATIVE DRAFT Chanter 3.28 UNIFORM TRANSIENT OCCUPANCY TAX (1068-7/64,1226-7/66, 1590-8/70,2015-11/75,2098-9/76,2974-12/88,3558-7/02,3559-7/02) (Res 5859-5/88) Sections: 3.28.010 Purpose 3.28.020 Definitions 3.28.030 Tax imposed 3:28.040 Exemptions 3.28.050 Operator's duties 3.28.060 Register 3.29.070 Guests must register 3.28.080 Registration 3.28.090 Reporting and remitting 3.28.100 Penalties and interest 3.28.110 Failure to collect and report tax--Determination of tax by City Treasurer 3.28.120 Appeal 3.28.130 Records 3.28.140 Refunds 3.28.150 Actions to collect 3.28.160 Failure to register 3.28.170 Credit for transient occupancy taxes paid to Huntington Beach Redevelopment Agency 3.28.010 Purpose. The City Council of the city of Huntington Beach hereby declares that this chapter, which shall be known as the Uniform Transient Occupancy Tax, is adopted to provide a tax on the rent charged in a hotel by the operator of said hotel. (1068-7/64,2015-11/75) 3.28.020 Definitions. Except where the context otherwise requires, the definitions given in this section govern.the construction of this chapter: (a) "Person" means any individual, firm, partnership,joint venture, association, social club, fraternal organization,joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. (b) "Hotel" means any structure, or any portion of any structure which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house,.apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof. (c) "Occupancy" means the use or possession or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping.purposes. (d) "Transient" means any person who exercises occupancy or is entitled to occupancy by reason .,of concession, permit, right of access, license"or other agreement for a period of thirty(30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30)-days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient,uninterrupted periods of time extending both prior and subsequent to the effective date of this chapter may be considered. 3.28,020(e)-3.28.060 Huntington Beach Municipal Code legisdrft/new finance/mc03281d 1 (e) "Rent" means the consideration charged, whether or not received,for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom'whatsoever. (f) "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner; lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his functions through managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. (1068-7/64) 3.28.030 Tax imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax on the rent charged by the operator at a rate equal to the current, combined state and local use tax rate. Said rate shall be declared by the City Council by resolution from time to time.. Said tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel,the City Treasurer may require that such tax be paid directly to the City Treasurer. (1068-7/64; 1590-8/70,2015-11/75,Res 5859-5/88) 3.28.040 Exemptions. No tax shall be imposed upon: (a) Any person as to whom, or any occupancy as to which it is beyond the power of the city to impose the tax herein provided; (b) Any federal or state of California officer or employee when on official business; '(c) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. No exemption shall be granted except upon a claim therefor made at the time rent is collected . and under penalty of perjury upon a form prescribed by the City Treasurer. (1068-7/64,2015-11/75) 3.28.650 Operator's duties. Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly,that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. (1068-7/64,2015-11/75) 3.28.060 Register. Every owner, keeper or proprietor of any lodging house, rooming house; motel or hotel shall keep a register wherein he shall require all guests, roomers or lodgers to inscribe their names,upon their procuring lodging of a room or accommodations. Said register shall also show the day of the month and year when said name was inscribed, and the room occupied, or to be occupied by said lodger, or roomer or guest in such lodging house, rooming house, motel or hotel. Said register shall.be kept in a conspicuous place in said lodging house, rooming house, motel or hotel, and shall at all times be open to inspection by any peace officer of the state of California. (1226-7/66,2015-11175) 12/88 legisdrf/new finance/=03281d 2 Huntington Beach Municipal Code 3.28.070--328.1 00(c) 3.28.070 Guests must register. Before any lodging for hire to any person(s) in any lodging house, or before renting any room to'any person(s) in any rooming house, or before furnishing any accommodations to any guest(s) at any motel or hotel, the proprietor, manager or owner thereof shall require the person(s) to whom such lodgings are furnished, or room is rented, or accommodations furnished, to inscribe his/their name(s) in such register kept for that purpose as hereinabove provided, and shall set opposite said name(s) the time when said name(s) was/were so inscribed, the room occupied by such lodger(s), roomer(s), or guest(s), and the license.number and description of the vehicle said lodger(s), roomer(s) or guest(s) drove. (1226-7/66,2015-11/75) 3.28.080 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 Qt-y Tfeas ror 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 Eta` 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 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." (106877/64) 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. (106$a/64,2088-9/76) 3.28.100 Penalties and interest. The following shall give rise to penalties and interest: (a) Original Delinquency. Any operator who fails to remit any tax imposed by this chapter- within the time required shall pay a penalty of 10 percent of the amount of the tax in addition to the amount of the tax. (b) Continued Delinquency. Any operator who fails to meet any delinquent remittance on or before a period of thirty(30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of 10 percent of the amount of the.tax in addition to the amount of the tax and the 10 percent penalty first imposed. (c) Fraud. If the Finance Director determines that the non-payment of any remittance due under this chapter is due to-fraud, a penalty of 25 percent of the amount of the Iegisdrft/new finance/=03281d 3 r tax shall be added thereto in addition to the penalties stated in subsections (a) and(b) of this section. (d) Interest. In addition to the.penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one-half(1/2) of 1 percent per month, or fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. (1068-7/64) 3.28.110 Failure to collect and report tax--Determination of tax by City T..o,,.,, fer-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 Gity Reastifef 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 and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and Fenalties provided for by this chapter. In case such determination is,made, the Ci inance 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 City Tfeasufef 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 i 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. (1068-7/64,2015-11/75) 3.28.120 Appeal. Any operator aggrieved by any decision of the��e-aswe=Finance .e ireetor with respect to the amount of such tax,interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with the City Clerk within fifteen (15)"days of the serving or mailing of the determination of tax due. The council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at his last known place of address. The findings of the council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to.be due shall be immediately due and payable upon the service of notice. (1068-7/74,2015-11/75) 3.28.130 Records. It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three (3) years, all records as may be necessary to determine the amount of such tax as he may have been liable . for the collection of and payment to the city, which records the Git y T-re sti fef Finance Director shall have the right to inspect at all reasonable times. (1068-7/64) 3.28.140 Refunds. The following shall warrant a refund: (a) Whenever the amount of any tax, penftlt-y has been overpaid or paid more than once or has been erroneously or illegally collected or received by the eCity Treasurer legisdrft/new finance/mc03281d 4 under this eChapter, it may be refunded as provided in stibp.,fagr- rhs (b) and (e ^ this Ssection. , stating tinder gfeu ds "en whieh the elaim is founded, is filed with the City Tfeasufer-within thfee (3) years,of the date of payment. The elaim shall be on fefms famished by the Gi:ty Tfeastir-ef. (b) am6ant ever-paid, paid more than onee or-er-feneattsly or-illegally eelleeted er-reeeived when tax has been eelleeted was P�t A transient; pfevided, howevef, that neither-a feffind fief a- er-edit shall be allowed Z.-e-untefthe tax se eeHeeted has eithef been refunded to 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 ($59000), City Council approval shall be required. (c) subseetion(a) of this seetion, but on!),when the tax was paid by the tfansient difeefly te the City Tfeasufer-, or when the tra-asient ha-ving paid the tax to the opetatef, establishes te the satisfaefien of the Gity Tfeaswer that the tfansient has been unable to obtain a F-eftifid ffom L v 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 rovided-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 (4Pireasurer/City day period, the claim shall be deemed to have been rejected �byy the 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. I i legisdrft/new finance/mc03281d -5 I 3.28.150 Actions to collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. .Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city of Huntington Beach for the recovery of such amount. (1068-7/64;2015-11/75) 3.28160 Failure to.register. Any operator or other person who fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the Finance Director or who renders a false or fraudulent return or claim, is guilty of a MISDEMEANOR. Any person required to make, render,sign or verify any report or claim or who makes any false or:fraudulent report or claim with intent to defeat or evade the determination of any amount due required by -this chapter to be made, is guilty of a MISDEMEANOR. (1068-7/64,2015-11/75) 3.28.170 Credit for Transient Occupancy Taxes Paid to Huntington Beach Redevelopment" Agency. Any person or persons subject to the transient occupancy tax under this Ordinance shall be entitled to a credit against the payment of such taxes due-in the amount of any transient occupancy taxes due from that person or persons to the.Huhtington Beach Redevelopment Agency("Agency")pursuant to Ordinance No. 2, adopted by the Agency on July 1, 2002, which affects any persons occupying a room or rooms in any hotels, inns, tourist homes or houses, motels, or other lodging within the Main-Pier Redevelopment sub-area of the Huntington Beach - Redevelopment Project. (2974-12M,3558-7/02,3559-7/02) (See Ordinance No. 3559 for additional information regarding termination,amendment or modification of§3.28.170.) legisdrft/new finance/mc03281d 6 ORDINANCE NO. S LEGISLATIVE DRAFT Chapter 3.32 CIGARETTE TAX (1247-10/66, 1350-10/67) Sections: 3.32.010 Definitions 3.32.020 Tax imposed 3.32.030 Tax paid to retailer 3.32.040 Retailer remits.quarterly 3.32.050 Registration 3.32.060 Registration for each place of business 3.32.070 Penalties and interest 3.32.080 Failures to report and collect tax--Determination 3.32.090 Appeal 3.32.100 Refund 3.32.110 Actions to collect 3.32.1.20 Record 3.32.130 Violations--Misdemeanor 3.32.140 . Application of provisions 3.32.010 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this chapter: (a) "Cigarette" means any roll for smoking, made wholly or in part of tobacco, irrespective of size or shape,and irrespective of whether the tobacco is flavored, adulterated or mixed with, any other ingredient, where such roll has a wrapper or cover made of paper or any other material, except where such wrapper is wholly or in any greater part made of tobacco and such roll weighs over three pounds per thousand. (b) "Retailer" means any domestic or foreign corporation, association, syndicate,joint venture, joint stock company, partnership of any kind, club, Massachusetts business or common law trust, society or individual who sells cigarettes for any purpose other than resale. Where cigarettes are offered for sale through the means of a vending machine, the person holding title to the cigarettes in the machine shall be deemed the retailer. (c) "Use or consumption " includes the exercise of any right or power over cigarettes incident to the ownership thereof other than the sale of the cigarettes or the keeping.or retention thereof for the purpose of sale. (1247-10/66, 1350-10/67) 3.32.020 Tax imposed. An excise tax is imposed upon the use or consumption in the city of cigarettes purchased from a retailer for use or consumption within the city at the rate of one and one-half mill per cigarette. (1247-10/66, 1350-10/67) 3.32.030 Tax paid to retailer. The tax constitutes a debt owed by the purchaser to the city which is extinguished only by payment of the tax to the Director of Finance or to the retailer. When a purchase from a retailer is made within the city, the tax shall be paid to the retailer at the time the purchase price is paid. The tax collected or required to be collected by the retailer constitutes a debt owed by the retailer to the city. Should any remittance of tax be made by a retailer prior to sale.of cigarettes to a consumer, such remittance shall be considered as an advance payment to be reimbursed by adding-the amount of the tax to the price of the cigarettes at the time of sale to the user .or consumer. (1247-10/66, 1350-10/67) 3.32.040 Retailer remits quarterly. Each retailer selling cigarettes within the city shall collect the tax imposed under section 3.32.020, and on or before the last day of the month following the close of a calendar quarter remit the total amount so collected to the Director of Finance together 1egisdrft/mco332LD, 1' with a statement on a form provided by the Director of Finance showing the number of cigarettes sold to purchasers,the amount of tax collected, and such other information as the Director of Finance shall require. Where the Director of Finance determines that efficiency in the administration of the tax would be promoted, he may establish reporting periods greater than quarterly, but not to exceed one year. The Director of Finance may establish shorter reporting periods for any retailer if he deems it necessary in order to insure collection of the tax. Statements and payments are due immediately upon cessation of the business of selling cigarettes for any reason. All taxes collected by retailers pursuant to this chapter shall be held in trust for . the account of the city until payment thereof is made to the Director of Finance. (1247-10/66, 1350-10/67) 3.32.050 Registration. Within thirty days after the operative date of this chapter, or within thirty days after commencing business, whichever is later, each retailer shall register with the Director of Finance and obtain from him a "cigarette tax registration certificate" to be at all times posted . in a conspicuous place on the premises;provided, however, each retailer who does not operate from a fixed place of business shall keep the registration certificate upon his person at all times while engaging in the business of being a retailer. No person shall engage in the business of being a retailer without obtaining a registration certificate therefor. Said certificate shall, among other things, state the following: (a) The name of the operator; (b) The address of the retailer's place of business; (c) The date upon which the certificate was issued; (d) "This Cigarette Tax Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the cigarette tax ordinance by collecting the cigarette tax from purchasers of cigarettes and remitting said tax to the Director of Finance. This certificate does not authorize any person to conduct any lawful business in an unlawful manner, nor to operate a cigarette retailing business without complying with all state and local 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." (1247-10/66, 1350-10/67) 3.32.060 Registration'for each place of business. A retailer having more than one.place of business within the city at which cigarettes are sold shall be required to.obtain a separate registration for each such place of business. (1247-10/66, 1350-10/67) 3.32.070 Penalties and interest. The following shall give rise to penalties and interest: (a) Original Delinquency Period. Any retailer who fails to remit any tax imposed by this chapter . within the time required shall pay a penalty of 10 percent of the amount of the tax in addition to the amount of the tax. (b) Continued Delinquency. Any retailer who fails to remit any delinquent remittance within one month following the date on which the remittance first became delinquent shall pay a second delinquency penalty of 10 percent of the amount of the tax in addition to amount of the tax and the 10 percent penalty first imposed. c) Fraud. If the Director of Finance determines that the nonpayment of any remittance due under this chapter is due to fraud, a payment of 25 percent of the amount of the tax shall be added thereto.in addition to the penalties stated in subsections (a) and (b) of this section. 10/67 legisdrft/mco332LD 2 Huntington Beach Municipal Code 3.32.060--3.32.100(a). (d) Interest.'In addition to the penalties imposed, any retailer who fails to remit any tax imposed by this chapter shall pay interest at the rate of one-half of 1 percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. (f) Penalties during Pendency of Hearing of Appeal. No penalty provided under the terms of this chapter shall be imposed during the pendency of any hearing which is provided for in section 3.32.090 nor during the pendency of any appeal to the City Council which is provided for in section 3.32.090 of this chapter. (1247-10/66, 1350-10/67) 3.32.080-,Failures to report and collect tax--Determination. If any retailer fails or refuses, within the time provided for in this chapter, to make any report and remittance of said tax or any portion thereof required by this chapter, the Director of Finance shall proceed to obtain facts and information on which to base his estimate of the tax due. As soon as the Director of Finance 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 retailer who has failed or refused to make-such report and remittance, he shall proceed to determine and'assess against such retailer the tax interest and penalties provided for. In case such determination is made, the Director of Finance 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 distributor so assessed at his last known place of address. Such retailer may within ten days after the serving or mailing of such notice make application in writing to the Director of Finance for a hearing on such amount assessed. If application by the retailer for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Director of Finance shall become final and conclusive and immediately due and payable. If such application is made, the Director of Finance shall give not less than five days written notice in the manner prescribed herein to the retailer 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 retailer may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After the hearing, the Director of Finance shall determine the proper tax to be remitted and shall thereafter give written notice to the retailer 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 after fifteen days unless an appeal is taken as provided in section 3.32.090. (1247-10/66, 1350-10/67) 3.32.090 _Appeal. Any retailer aggrieved by a decision by the Director of Finance with respect to the amount of such tax, interest and penalties, if any, may appeal to the Council by filing a notice of appeal with the City Clerk within fifteen days of the serving or mailing of the determination of tax due. The Council shall fix a time and place for hearing such appeal and the City Clerk shall give notice in writing to such retailer at his last known place of address. The findings of the Council shall be final and conclusive and shall be served upon the appellant in the manner, prescribed above in the service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. (1247-10/66, 1350-10/67) 3.32.100 Refund. The following shall give rise to refunds: (a) Whenever the amount of any tax, interest of penalt� has been overpaid or'paid more than once or has been erroneously or illegally collected or received by the eCity Treasurer under this eChapter,.it maybe refunded as provided in subseefien (b) provided A ela m i ,.,;..., shallbe an r^fms A,fni, h,,d by th, Dife to f fFin.4ee this Section. 10/67 legisdrft/mco332LD 3 3.32.100(b)--3.32.140 Huntington Beach Municipal Code afflott t ever-paid, paid more than anee of.efr-eneeti4y of illegally eelleeted or-r-eee has been ,i of .,1 mere than L,.,s be 1illegally eelleet ,1 v •,sr`r'vru �vu��- .ter,.. .� a,-, ow�r.o.. 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 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 pprovided 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 t le 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. 3.32.110 Actions'to collect. Any tax required to be paid by a retailer under the provisions of this chapter shall be deemed a debt owed to the city. Any person owing taxes under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount.. (1247-10/66, 1350-10/67) 3.32.120 Records. It shall be the duty of every retailer liable for the collection and payment to, the city of any tax imposed by this chapter to keep and preserve, for a period of four years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the city, which records the Director of Finance shall have the right to inspect at all reasonable times. (1247-10/66, 1350-10/67) 3.32.130 Violations--Misdemeanor. Any retailer who fails to furnish any required return to be made or who fails to furnish or refuses to furnish other data required by the Director of Finance, or who renders a false or fraudulent return or claim, is guilty of a MISDEMEANOR, and punishable as aforesaid. Any person required to make, render, sign or verify any report or claim IegisdrfUmco332LD 4 who makes a false or.fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter to be made is guilty of a MISDEMEANOR and is punishable as aforesaid. (1247-10/66, 1350-10/67) 3.32.140 Application of provisions. In order to comply with the requirement of those provisions of Chapter 963 of the Statutes of 1967 which provide that state cigarette tax revenues may not be allocated to any city imposing a selective local tax on, or with respect to, the sale, distribution, use, consumption, or holding of cigarettes or any other tobacco produce, after October 1, 1967, the provisions of Chapter 3.32 and all sections thereof of the Huntington Beach Municipal Code, relating to the imposition, collection and enforcement of a cigarette tax shall be suspended on and after October 1, 1967, and shall remain suspended and thereafter be of no force and effect so long as the provisions of the Revenue and Taxation Code of the state of California, as modified by Chapter 963 and pursuant to which the city is entitled to receive the allocation specified therein of the state cigarette tax revenues; are effective; provided, however, that in the event said Revenue and Taxation Code shall be further amended so that the city is not entitled to receive the allocation of the state cigarette tax revenues specified in said Chapter 963, then the said provisions of Chapter 3.32 and all sections thereof of the Huntington Beach Municipal Code shall upon the effective date of such amendment become operative and effective; and further provided that in the event the provisions of said Revenue and Taxation Code, as added by said Chapter 963 and pursuant to which the city is entitled to receive the allocation specified therein of the state cigarette tax revenues, are for any reason declared invalid, then and in that event the said provisions of Chapter 3.32 and all sections thereof of the Huntington Beach Municipal Code shall not be.deemed to have been suspended but shall be deemed to have been in full force and effect continuously from and after October 1, 1967. Nothing in this chapter shall be construed as relieving any person of the obligation to pay the city of Huntington Beach any cigarette tax accrued and owing by reason of said provisions of Chapter 3.32 and all sections thereof in force and effect prior to and including September 30, 1967. (1350-10/67) Iegisdr8/mco332LD 5 ORDINANCE NO. 3��1 LEGISLATIVE DRAFT Chapter 3.40 COMMUNITY ENRICHMENT LIBRARY FEE (2297-6/78, Urg. Ord.2299-7/78, 2324-11/78, 2720-9/84) Sections: 3.40.010 Declaration of necessity 3.40.020 Definitions 3.40.030 Excise tax 3.40.040 Operative date 3.40.050 Exemptions -3.40.060 Tax liability--Enforcements 3.40.070 Payment required for commencing construction 3.40.080 Payment required for occupancy 3.40.090 Refunds 3.40.100 Disposition of proceeds--Fund created 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 industrial 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. (22971-6/78) 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. 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, 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. (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 use. (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. (2324-11/78) MC0340LD l 3.40.030 Excise tax. (a) Tax imposed. An excise tax is 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 except for square footage within a parking structure containing required on-site parking. For mobilehome parks, the square footage of floor area shall be calculated as only that portion of the lot indicated on the original construction plans for the mobilehome proper and its carport. (b) Due date. The amount of 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 delinquent a penalty of twenty-five (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 1 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 the enactment of this section are exempt from the tax imposed hereby.-(2297-6/78, 2324-11/78, 2720-9/84) 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. (2297-6/78) 3.40.050. Exemptions. The following are excluded from the tax imposed by this Chapter: (a) The construction of any building by a nonprofit corporation exclusively for religious, educational, hospital or charitable purposes. (b) Any residential unit structural additions or modifications which cause less than a 50 percent increase in the existing gross floor space. Such additions or modifications which cause a 50 percent 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. . (c) The construction of any building or unit by any bank, including national banking associations, pursuant to Article XIII, section 27 of the Constitution of the state of California. (d) The construction of any building by an "insurer," as that term is defined in Article XIII, section 28 of the Constitution of the state of California. MC0340LD 2 . I (e) The construction and occupancy of any building by the United States or.any department or agency thereof, by the state of California or any department, agency or political subdivision thereof. (2297-6/78, Urg. Ord. 2299-7/78) 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 Difeetef 4112in neo 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. (2297-6/78) 3.40.070 PgMent 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. (2297-6/78) 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 construction and occupancy thereof by this Chapter have been paid. (2297-6/78) 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. (2297-6/78) 3.40.100 Disposition of proceeds--Fund created. All proceeds from the tax,penalty and interest collected under this chapter shall be paid into a special capital outlays fund of the city entitled "Library Service Fund" for acquiring, constructing, equiping, maintaining and staffing of libraries,. and other City Council-approved cultural endeavors, which fund is hereby created. (2297-7/78) 9/84 MC0340M 3 ORDINANCE NO. 3 S LEGISLATIVE DRAFT CHAPTER 3.56 (3417-6/99,3546-4/02) CITY OF HUNTINGTON BEACH SPECIAL TAX FINANCING IMPROVEMENT CODE Article 1 —Index General Provisions Sections: 3.56.010. Short title 3.56.020 Municipal and State affairs; authority conferred by Code; applicability of laws 3.56.030 Conflicting provisions; severability 3.56.040 Actions or determinations by local agency 3.56.050 Liberal construction of chapter; error, irregularity, neglect or omission 3.56.060 Failure to receive notice, resolution, order or other matter not affecting proceedings 3.56.070 Definitions Article 2—Index Purpose of District Sections: 3.56.100 Initiation of proceedings to establish district upon adoption of certain local goals and policies 3.56.110 Establishment of community facilities district to finance certain services 3.56.120 Additional financing powers of district; purchase, construction, expansion, improvement,rehabilitation, or planning and design work of real or tangible property 3.56.130 Additional district financing powers 3.56.140 Revolving fund for cleanup of hazardous substances; withdrawal of funds 3.56.150 Liability; removal or remedial action; hazardous substances released or threatened to be released 3.56.160 Ordinance; local agency contribution; purposes 3.56.170 Joint community facilities agreement or joint exercise of powers agreement 3.56.180 Special tax;property acquired by public entity through negotiated transaction or by gift or devise 3.56.190 Special tax; special assessment on property acquired by public entity through eminent . domain Article 3 —Index Proceedings To Create A Community Facilities District Sections: 3.56.200 Institution of proceeding; request; petition; fee 3.56.210 Petition; contents; findings as to requisite number of signers 3.56.220 Resolution of intention to establish district; time for adoption 3.56.230 Reports and estimate of costs by responsible officers;remedial action plan for cleanup of hazardous substance; inclusion in record of hearing 3.56.240 Expedited Hearing Procedure (3546-4/02) IegisdrriVnew finance/mc0356 I i I i Chapter 3.56 Index-3.56.020- Huntington Beach Municipal Code Article 4—Index Procedures For Leyyin Sections: 3.56.300 Lease or possessory,interest by exempt person or entity to nonexempt person or entity; lease provisions; collection 3.56.310_ Actions or proceedings against levy of special tax.or increase in special tax; time for commencement; time for perfection of appeal from final judgment 3.56.320 Reservation of rights; tender of full or partial payment; special tax installments or interest or penalties due or delinquent Article 5 —Index Sections: 156.400 Resolution to incur bonded indebtedness 3.56.410 Inclusion of certain costs and estimated costs in proposed bonded indebtedness 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 3.56.430 Agreement to notify one or more parties in the event specified events occur affecting the market value of outstanding bonds; events triggering notice 3.56.440 Action to foreclose liens; cumulative remedy; resolution to diligently pursue foreclosure action; collection of delinquent charges 3.56.450 Complainants; time limitations; contents of complaint 3.56.460 Judgment decree;contents;amount;attorneys' fees;application of general foreclosure provisions 3.56.470 Price of property or possessory interests sold 3.56.480 Computation errors; validity of special tax installment, interest or penalty 3.56.490 Tender of bonds or debt; special taxes; penalties and interest; satisfaction of bid amount 3.56.500 Notice of proposed sale of bonds; contents Article 1 General Provisions 3.56.010 Short title. This ordinance shall be known and may be cited as the "City of Huntington Beach Special Tax Financing Improvement Code," and shall be referred to herein as the "Code". 3.56.020 Municipal and State affairs; authority conferred by Code; applicability of laws. This Code is adopted pursuant to Section 500 of Article V of the Charter of the City of Huntington Beach. In proceedings had pursuant to this Code which are a municipal affair, any general laws referred.to in this Code are deemed a part of this Code. In the event that any-proceeding had pursuant to this Code shall be adjudged a state affair, it is declared to be the intention that the proceedings were had pursuant to any applicable general law . or laws. 6/99. legisdrft/new finance/mc0356 2 Huntington Beach Municipal Code 3.56.020-356.070(a) This Code provides an alternative method of financing certain public and private capital facilities and municipal services. The provisions of'this Code shall not affect or limit any other provisions of law authorizing or providing for the furnishing of facilities or services, or the raising of revenue for these purposes. The City may use the provisions of this Code in conjunction with the Mello-Roos Community Facilities Act of 1982, as amended(commencing with Section 53311 of the California Government Code) (the "Act"), or any other method of financing part or all of the cost of providing the authorized kinds of public and private capital facilities and municipal services. Actions not otherwise addressed in this Code shall be otherwise governed by the provisions of the Act. This Code shall be deemed to provide a complete, additional and alternative method for actions authorized hereby and shall be regarded as a supplemental and additional to the powers conferred by other laws, including the Act. 3.56.030 Conflicting�provision s; severability. Any provision in this Code which conflicts with any general law-or act shall prevail over the other such provision in connection with any proceedings taken pursuant'to this Code. In the event any portion of this Code shall be declared illegal, unenforceable or unconstitutional, such provision shall be deemed severable from the rest of the provisions of this Code. 3.56.040 Actions or determinations by local agency. •The local agency may take any actions.or- make any determinations which it determines are necessary or convenient to carry out the purposes of this Code and which are not otherwise prohibited by law. 3.56.050 Liberal construction of chapter; error, irregularity, neglect or omission. This Code shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer, in any procedure taken under this Code, which does not directly affect the jurisdiction of the legislative body to order the installation of the facility or the provision of service, shall void or invalidate such proceeding or any levy for the costs of such facility or service. 3.56.060 Failure to receive notice,resolution,order or other matter not affecting proceedings. The failure of any person to receive a notice,resolution,order,or other matter shall not affect in any way whatsoever the validity of any proceedings taken under the Code, or prevent the legislative body from proceeding with any hearing so noticed. . 3.56.070 Definitions. Unless the context otherwise requires,the definitions contained in this article shall govern the construction of this Code. (a) "Act" means the Mello-Roos Community Facilities Act of-1982, as amended (commencing with Section 53311 of the California Government Code). 6/99 legisdrft/new finance/mc0356 3 3.5&070(b)-3.56.070(i) Huntington Beach Municipal Code (b) "City"means the City of Huntington Beach. (c) "City Council means the City Council of the City of Huntington Beach. (d) "City Clerk"or"Clerk"means the City Clerk of the City of Huntington Beach. (e) "Community facilities district" or "district" means a legally constituted governmental entity established pursuant to this Code and the Act for the sole purpose of financing facilities and services. (f) "Cost" means the expense of constructing, installing or purchasing the public facility and of related land;right-of--way,easements,including incidental expenses,and the cost of providing authorized services, including incidental expenses. (g) "Debt"means any binding obligation to pay or repay a sum of money,including obligations in the form of bonds; certificates of participation, long-term leases, loans from government agencies,or loans from banks,other financial institutions,private businesses,or individuals;or long-term contracts. (h) "Incidental.expense" includes all of the following: (1) The cost of planning and designing public facilities to be financed pursuant to this Code; including the cost of environmental evaluations of those facilities. (2) The costs associated with the creation of the district, issuance of bonds,determination of the amount of taxes, collection of taxes, payment-of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the district. (3) Any other expenses incidental to the construction, completion, and inspection of the authorized work. (i) "Landowner," "owner"or"owner of land"means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of the land by the city clerk. Notwithstanding the foregoing,"landowner","owner"or"owner of land'"means,with respect to any land which is the subject of a condemnation action, the person entitled to possession of the land pursuant to such condemnation action,or with respect to land to which the City or Redevelopment Agency has fee title,the person having a leasehold interest in the land for a term exceeding 40 years. The legislative body has no obligation to obtain other information as to the ownership of the land, and its determination of ownership shall be final . and,conclusive for the purposes of this Code. A public agency.is not a landowner owner or owner of land for purposes of this Code, unless the land owned by a public agency would be subject to a special tax pursuant to Section 3.56.040 or unless the public agency has acquired possession to the land through a condemnation and has made the Certification required in _ Section 3.56.300. 6/99 ►egisdrft/new finance/mc0356 4 Huntington Beach Municipal Code 3.56.0700)-3.56.100(a)(4) (j) "Legislative body" means the legislative body or governing board of any local agency, and with respect to the City means the City Council. (k) "Local agency" means any city or county, whether.general law or chartered, special district, school district,joint powers entity created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, or any other municipal corporation, district, or political subdivision of the state. (1) "Rate" means a single rate of tax or a schedule of rates. (m) "Redevelopment Agency"means the Redevelopment Agency of the City of Huntington Beach. (n) "Services" means the provision of categories of services identified in Section 3.56.110. "Services"includes the performance by employees of functions,operations,maintenance,and repair activities. "Services" does not include activities or facilities identified in Section 3.56.120. Article 2 Purpose Of District 3.56.100 Initiation of proceedings to establish district upon adoption of certain local goals and policies. (a) The City may initiate proceedings to establish a district pursuant to this Code only if.it has first considered and adopted local goals and policies concerning the use of this Code, except in the case of districts being formed pursuant to a development agreement between the City and a qualified developer and or the Redevelopment Agency and a qualified developer. The policies shall include at least the following: (1) A statement of the priority that various kinds.of public facilities shall have for financing through the use of this Code, including public facilities to be owned and operated by other public agencies, including school districts. (2) A statement concerning the credit quality to be required of bond issues, including criteria to be used in evaluating the credit quality. (3) A statement concerning steps to be taken to ensure that prospective property purchasers are fully informed about their taxpaying obligations imposed under this Code. i (4) A statement concerning criteria for evaluating the equity of tax allocation formulas, and concerning desirable and maximum amounts of special tax to be levied against any parcel pursuant to this Code. 6/99 Iegisdr8/new finance/mc0356 5 1 3.56.110—3.56.126 Huntington Beach Municipal Code 3.56.110 Establishment of community facilities district to finance certain services. A community facilities district may be established under this Code to finance any one or more of the'following types of-services within an area: (a) Police protection services, including, but not limited to, criminal justice services. However, criminal justice services shall be limited to providing services for jails,detention facilities,and juvenile halls. (b) Fire protection and suppression services, and ambulance and paramedic services. (c) Recreation program services, library services, maintenance services for elementary and secondary school sites and structures, and the operation and maintenance of museums and cultural facilities. Bonds may not be issued pursuant to this Code to fund any of the services specified in this subdivision. A special tax may be levied for any of the services specified in this subdivision.only upon approval of the voters as specified in subdivision (b) of Section 53328 of the Act. However,the requirement contained in subdivision(b)of Section 53328 of the Act that a certain number of persons have been registered to vote for each of the 90 days preceding the close of the protest hearing does not apply to an election to enact a special tax for recreation program services,library services,and the operation and maintenance of museums and cultural facilities subject to subdivision(c) of Section 53326 of the Act. (d) Maintenance of streets, landscaping, street lighting, parks, parkways, and open space. (e) Flood and storm protection services, including, but not limited to,the operation and maintenance of storm drainage systems, and sandstorm protection systems. (f) Services with respect to removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment. As used in this subdivision, the terms "remedial action" and"removal" shall have the meanings set forth in Sections 25322 and 25323, respectively, of the Health and Safety Code, and the term "hazardous substance" shall have the meaning set forth in Section 25281 of the Health and Safety Code. Community facilities districts shall provide the State Department of Health Services and local health and building departments with notification of any cleanup activity pursuant to this subdivision at least 30 days prior to commencement of the activity. (g) Maintenance of, and the provision of repair and replacement reserves for, any other public improvement not specifically listed in the preceding clauses (a)through (f), the construction, installation, expansion, improvement or rehabilitation of which may be financed under Section 3.56.120 or Section 3.56.130 of this Code. (3546-4/02) 3.56.120 Additional financing powers of district; purchase, construction, expansion improvement, rehabilitation, or planning and design work of real or tangible property:-A community facilities district may also finance the purchase, construction, installation expansion, improvement, or rehabilitation of any real or other tangible property with an estimated useful life of five years or longer or may finance planning and design work that is directly related to the, purchase, construction, expansion, or rehabilitation of any real or tangible property. The facilities.need not be physically located within the district. A district may only finance the legisdrft/new finance/mc0356 6 purchase of facilities whose construction has been completed, as determined by the legislative body, before the resolution of formation to establish the district is adopted pursuant to Section 53325.1 of the Act, except that a district may finance the purchase of facilities completed after the adoption of the resolution of formation if the facility was constructed as if it had been constructed under the direction and supervision, or under the authority of, the local agency. For . example, a community facilities district may finance facilities, including, but not limited to, the following: (a) Local park, recreation, parkway, open-space facilities, beach maintenance facilities, beach access facilities and parking facilities adjacent or accessible to such facilities. (b) Elementary and secondary school sites and structures provided that the facilities meet the building area and cost standards established by the State Allocation Board. (c) Libraries. (d) Child care facilities,including costs of insuring the facilities against loss,liability insurance in connection with the operation of the facility,and other insurance costs relating to the operation of the facilities, but excluding all other operational costs. However, the proceeds of bonds issued pursuant to this Code shall not be used to pay these insurance costs. (e) The district may also finance the construction or undergrounding of water transmission and distribution facilities, natural gas pipeline facilities, telephone lines, facilities for the transmission or distribution of electrical energy,and cable television lines to provide access to those services to customers who do not have access to those services or to mitigate existing visual blight. The district may enter into an agreement with a public utility to utilize those facilities to provide a particular service and for the conveyance of those facilities to the public utility. "Public utility" shall include all utilities, whether public and regulated by the Public Utilities Commission, or municipal. If the facilities are conveyed to the public utility, the agreement shall provide that the cost or a portion of the cost of the facilities that are the responsibility of the utility shall be refunded by the public utility to the district or improvement area thereof,to the extent that refunds are applicable pursuant to(1)the Public Utilities Code or rules of the Public Utilities Commission, as to utilities regulated by the commission, or(2) other laws regulating public utilities. Any reimbursement made to the district shall be utilized to reduce or minimize the special tax levied within the district or improvement area, or to construct or acquire additional facilities within the district or improvement area,as specified in the resolution of formation. (f) The district may also finance the acquisition, improvement,rehabilitation, or maintenance of any real or other tangible property, whether privately or publicly owned, for the purposes described in subdivision (e) of Section 3.56.110. j (g) The district may also pay in full all amounts necessary to eliminate any fixed special _ assessment liens or to pay, repay, or defease any obligation to pay or any indebtedness - - secured by any tax, fee, charge, or assessment levied within the area of a community facilities district or may pay debt service on that indebtedness. In addition, tax revenues of a district may be used to make lease or debt service payments on any lease, lease purchase i s/ss legisdrft/new finance/=0356 7 I 3.56.120(g)-3.56.120(i)(2) Huntington Beach Municipal Code contract, or certificate of participation used to finance authorized district facilities. (h) Any other governmental facilities which the legislative body creating the community facilities district is authorized by law to contribute revenue to,or construct,own,.or operate. However, the district shall not operate or maintain or, except as otherwise provided in subdivisions(e) and (f), have any ownership interest in any facilities for the transmission or distribution of natural gas, telephone service, or electrical energy. (1) A district may also pay for the following: (A) Work deemed necessary to bring buildings or real property, including privately owned buildings or real property,into compliance with seismic safety standards or regulations. Only work certified as necessary to comply with seismic safety standards or regulations by local building officials may be financed. No project involving the dismantling of an existing building and its replacement by a new building, nor the construction of a new or substantially new building may be financed pursuant to this subparagraph. Work on qualified historical buildings or structures shall be done in accordance with the State Historical Building Code(Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code). (B) In addition, within any county or area designated by the President of the United States or by the Governor as a disaster area or for which the Governor has proclaimed the existence of a state of emergency because of earthquake damage,a district may also pay for any work deemed necessary to repair any damage to real property directly or indirectly caused by the occurrence of an earthquake cited in the President's or the Governor's designation or proclamation, or by aftershocks associated with that earthquake,including work to reconstruct,repair,shore up,or replace any building damaged or destroyed by the earthquake. Work may be financed pursuant to this subparagraph only on property or buildings identified in a resolution of intention to establish a community facilities district adopted within seven years of the date on which the county or area is designated as a disaster area by the President or by the Governor or on which the Governor proclaims for the area the existence of a state of emergency. (2) Work on privately owned property,including reconstruction or replacement of privately owned buildings pursuant to subparagraph(B)of paragraph(1),may only be financed by a tax levy if all of the votes cast on the question of levying the tax, vote in favor of levying the tax, or with the prior written consent to the tax of the owners of all property which may be subject to the tax,in which case the prior written consent shall be deemed to constitute a vote in favor of the tax and any associated bond issue. Any district created to finance seismic safety work on privately owned buildings, including repair, reconstruction,or replacement of privately owned buildings pursuant to this subdivision, shall consist only of lots or parcels on which the legislative body finds that the buildings to be worked on, repaired, reconstructed, or replaced, pursuant to this subdivision, are 6/ss legisdrft/new finance/mc0356 8 Huntington Beach Municipal Code 3.56.120(i)(2)-3.56.140(a)(3) located or were located before being damaged or destroyed by the earthquake cited, pursuant to subparagraph(B) of paragraph(1) or by the aftershocks of that earthquake. (j) (1) A district may also pay for the following: (A) Work deemed necessary to repair and abate damage caused to privately owned buildings and structures by soil deterioration. "Soil. deterioration" means a chemical reaction by soils that causes structural damage or defects in construction materials including concrete,steel,and ductile or cast iron. Only work certified as necessary by local building officials may be financed. No project involving the dismantling of an existing building or structure and its replacement by a new building or structure,nor the construction of a new or substantially new building or structure may be financed pursuant to this subparagraph. (B) Work on privately owned buildings and structures pursuant to this subdivision, including reconstruction, repair, and abatement of damage caused by soil deterioration, may only be financed by a tax levy if all of the votes cast on the question of levying the tax vote in favor of levying the tax. Any district created to finance the work on privately owned buildings or structures, including reconstruction,repair,and abatement of damage caused by soil deterioration,shall consist only of lots or parcels on which the legislative body finds that the buildings, or structures to be worked on pursuant to this subdivision suffer from soil deterioration. 3.56.130 Additional district financing,powers. Pursuant to Section 3.56.120, a community facilities district may also finance the acquisition improvement,rehabilitation, or maintenance of any real or other tangible property, whether privately or publicly owned, for the purposes described in subdivision(f) of Section 3,56.110. 3.56.140 Revolving Fund for cleanup of hazardous substances; withdrawal of funds. ti , (a) In connection with the financing of services and facilities pursuant to subdivision (f) of Section 3.56.110 and Section 3.56.130,the legislative body may establish a revolving fund to be kept in the treasury of the district. Except as provided in subdivision (b), moneys in the revolving fund shall be expended solely for the payment of costs with respect to those services and facilities. The revolving fund may be funded from time to time with moneys derived from any of the following: (1) Proceeds of the sale of bonds issued pursuant to Article 5 (commencing with Section 5-' 1), notwithstanding any limitation contained in Section 3.56.410. (2) Any taxes or charges authorized under this Code. (3) Any other lawful'source. 6/99 legisdrft/new finance/mc0356 9' 3.56.140(b)-3.56.160 Huntington Beach Municipal Code (b) Subject to the provisions of any resolution, trust agreement or indenture providing for the issuance of district bonds for the purposes set forth in Section 3.56.130, the legislative body may withdraw money from the revolving fund whenever and to the extent that it finds that the amount of money therein exceeds the amount necessary to accomplish the purposes for which the revolving fund was established. Any moneys withdrawn from the revolving fund shall be used to redeem bonds of the district issued for the purposes set forth in Section 3.56.300 or shall be paid to taxpayers in the district in amounts which the legislative body determines. 3.56.150 Liability; removal or remedial action; hazardous substances released or threatened to be released. (a) Any responsible party as defined by subdivision (a) of Section 25323.5 of the Health and -Safety Code shall be liable to the district for the costs incurred in the removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment. The amount of the costs shall include interest on the costs accrued from the date of expenditure. The interest shall be calculated based on the average annual rate of return.on the district's investment of surplus funds for the fiscal year in which the district incurred the costs. Recovery of costs by a community facilitie's district under this section shall be commenced before or immediately upon completion of the removal orremedial action, and payments received hereunder by the district shall be deposited in the revolving fund in accordance with Section 3.56.140. (b) To expedite cleanup, this section is intended to provide local jurisdictions an alternative method of financing the cost of removal or remedial action for the cleanup of any hazardous substance through the issuance of voter-approved limited obligation bonds. The provisions of this section shall not affect or limit the provisions of any other law establishing the liability of any person for, or otherwise regulating, the generation, transportation, storage, treatment, or disposal of hazardous substances. The scope and standard of liability for any costs recoverable pursuant to Section 3.56.150 shall be the scope and standard of liability set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 6901 et seq.), or any other provision of state.or federal law establishing responsibility for cleanup of hazardous waste sites. 3.56.160 Ordinance; local agency contribution; purposes. At any time either before or after the formation of the district, the legislative body may provide, by ordinance, that for a period specified in the ordinance, the local agency may contribute, from any source of revenue not otherwise'prohibited by law, any specified amount, portion, or percentage of the revenues for the purposes set forth in the ordinance, limited to the following: the acquisition or construction of a facility, the acquisition of interest in real property, or the payment of debt service with respect to the financing of either, the provision of authorized services, and the payment of expenses incidental thereto. The contribution shall not constitute an indebtedness or liability of the local agency. 6/99 legisdrft/new finance/mcW 5 6 10 . f Huntington Beach Municipal Code i 3.56.170-3.56.170(e)(1) I 3.56.170 Joint community facilities agreement or joint exercise of powers agreement. (a) A community facilities district may finance facilities to be owned or operated by an entity other than the agency that created the district,or services to be provided by an entity other than the agency that created the district, or any combination, only pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to this section. (b) At any time prior to the issuance of bonds by the district,the legislative bodies of two or more local agencies may enter into a joint community facilities agreement pursuant to this section and Sections 53316.4'of the Act and 53316.6 of the Act or into a joint exercise of powers agreement pursuant to Chapter 5 (commencing with Section 6500)of Division 7 of Title 1 of the California Government Code to exercise any power authorized by this Code with respect to the community facilities district being created or changed if the legislative body of each entity adopts a resolution declaring that such a joint agreement would be beneficial to the residents of that entity. (c) Notwithstanding Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the California Government Code, a contracting party may use the proceeds of any special tax or charge levied pursuant to this Code or of any bonds or other indebtedness issued pursuant to this Code to provide facilities or services which that contracting party is otherwise authorized by law to provide, even though another contracting party does not have the power to provide those facilities or services. (d) Notwithstanding subdivision(b),nothing in this section shall prevent entry into or amendment of a joint community facilities agreement or a joint exercise of powers agreement, after the is of bonds by the district, if the new agreement or amendment is necessary, as determined by the legislative body, for either of the following reasons: (1) To allow an orderly transition of governmental facilities and finances in the case of any change in governmental organization approved pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Division.l (commencing with Section 56000) of Title 6). (2) To allow participation in the agreement by a state or federal agency that could or would not otherwise participate, including, but not limited to, the California Department of Transportation. (e) Notwithstanding any other provision of this Code, no local agency which is party to a joint exercise of powers agreement or joint community facilities agreement shall have primary responsibility for formation of a district or an improvement area within a district, or for an extension of authorized facilities and services or a change in special taxes pursuant to Article 3, unless that local agency is one or more of the following: (1) A city, a county, or a city and county. 6/ss j legisdrft/new finance/mc0356 1 1 3.56.170(e)(2)-3.56.200 Huntington Beach Municipal Code (2) - An agency created pursuant to a joint powers agreement that is separate from the parties to the agreement,is responsible for the administration of the agreement,and is subject to the notification requirement of Section 6503.5. (3) An agency that is reasonably expected to have responsibility for providing facilities or services to be financed by a larger share of the proceeds of special taxes and bonds of the district or districts created or changed pursuant to the joint exercise of powers agreement or the joint community facilities agreement than any other local agency. 3.56.180 Special tax;propegly acquired by public entity through negotiated transaction or by gift or devise. If property not otherwise exempt from a special tax levied pursuant to this Code is acquired by a public entity through a negotiated transaction, or by gift or devise, the special tax shall, notwithstanding Section 53340 of the Act, continue to be levied on the property acquired and shall be enforceable against the public entity that acquired the property. However, even if the resolution of formation that authorized creation of the district did not specify conditions under which the obligation to pay a special tax may be prepaid and permanently satisfied,the legislative body of the local agency that created.the district may specify conditions under which the public agency that acquires the property may prepay and satisfy the obligation to pay the tax. The conditions may be specified only if the local agencythat created the district finds and determines that the prepayment arrangement will fully protect the interests of the owners of the district's bonds. J Notwithstanding any other provision of this Code, any public agency other than a city, county or school district may subject property owned by it to the levy of special taxes, if it shall certify to the City Council: (a) its agreement to do so, (b) that it intends to dispose of such property by transfer to a non-governmental agency at some time in the future, and (c) that it agrees to cooperate in the sale of property if necessary to obtain funds to pay any special taxes levied upon such property. 3.56.190 Special tax; special assessment on property acquired by public entitythrough hrough eminent domain. If property subject to a special tax levied pursuant to this Code is acquired by a public . .entity through eminent domain proceedings,the obligation to pay the special tax shall be treated, pursuant to Section 1265.250 of the Code of Civil Procedure, as if it were a special annual assessment. For this purpose, the present value of the obligation to pay a special tax to pay the principal and interest on any indebtedness incurred by the district prior to the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code shall be treated the same as a fixed lien special assessment. Article 3 Proceedings To Create A Community Facilities District 3.56.200 Institution of proceeding; request; petition; fee. Proceedings for the establishment of a community facilities district may be instituted by the legislative body on its own initiative and shall be instituted by the legislative body when any of the following occurs: 6/99 legisdrfl/new finance/mc0356 12 Huntington Beach Municipal Code 3.56.200(a)-3.56.220 (a) A written request for the establishment of a district, signed by two members of the legislative body,describing the boundaries of the territory which is proposed for inclusion in the area and specifying the type or types of facilities and services to be financed by the district,is filed with the legislative body. (b) A petition requesting the institution of the proceedings signed by the requisite number of registered voters, as specified'in subdivision(d)of Section 3.56.210,is filed with the clerk of the legislative body. The petition may consist of any number of separate instruments,each of which shall comply with all of the requirements of the petition, except as to the number of signatures. (c) A petition requesting the institution of the proceedings signed by landowners owning the requisite portion of the area of the proposed district,as specified in subdivision(d)of Section . 3.56.210, is filed with the clerk of the legislative body. (d) The written request filed pursuant to subdivision (a) and the petitions filed pursuant to subdivisions(b)and(c)shall be accompanied by the payment of a fee in an amount which the legislative body determines is sufficient to compensate the legislative body for all costs incurred in conducting proceedings to create a district pursuant to this Code. 3.56.210 Petition; contents, findings as to requisite number of signers. A petition requesting the institution of proceedings for the establishment of a community facilities district shall do all of the following: (a) Request the legislative body to institute proceedings to establish a community facilities district pursuant to this Code. (b) Describe the boundaries of the territory which is proposed for inclusion in the district. (c) State the type or types of facilities and services to be financed by the district. (d) Be signed by not less than 10 percent of the registered voters residing within the territory proposed to be included within the district or by owners of not less than 10 percent of the area of land proposed to be included within the district. If the legislative body finds that the petition is signed by the requisite number of registered voters residing within the territory proposed-to be included within the district or by the requisite number of owners of land proposed to be included within the district, that finding shall be final and conclusive. 3.56.220 Resolution of intention to establish district;time for adoption. Within 90 days after either a written request by two members of the legislative body or a petition requesting the institution of proceedings for the establishment of a community facilities district is filed with the legislative body, it shall adopt a resolution of intention to establish a community facilities district in the form specified in Section 53321 of the Act. 6/99 legisdrft/new finance/mc0356 13 3.56.230-3.56.300(a) Huntington Beach Municipal Code 3.56.230 Reports and estimate of costs by responsible officers; remedial action plan for cleanup of hazardous substance; inclusion in record of hearing. At the time of the adoption of the resolution of intention to establish a community facilities district, the legislative body shall direct each of its officers who is or will-be responsible for providing one or more of the proposed types of public facilities or services to be financed by the district, if it is established, to study the proposed district and, at or before the time of the hearing; file a report with the legislative body containing a brief description of the public facilities and services by type which will in his or her opinion be required to adequately meet the needs of the district and his or her estimate of the cost of providing those public facilities and services. If the purchase of completed public facilities or the payment of incidental expenses is proposed, the legislative body shall direct its appropriate officer to estimate the fair and reasonable cost of those facilities or incidental expenses. If removal or remedial action for the cleanup of any hazardous substance is proposed, the legislative body shall(a) direct its responsible officer to prepare or cause to be prepared, a remedial action plan based upon factors comparable to those described in subdivision (c) of Section 25356.1 of the Health and Safety Code or(b) determine,,on the basis of the particular facts and circumstances, which shall be comparable to those described in subdivision(g) of Section 25356.1 of the Health and Safety Code, that the remedial action plan is not required or (c) condition financing of the removal or remedial action upon approval of a remedial action plan pursuant to Section 2535.6.1 of the Health and Safety Code. All of those reports shall be made a part of the record of the hearing on the resolution of intention to establish the district. 3.56.240 Expedited Hearing Procedure. If the owners of all.of the land to be subject to the levy of special taxes within a proposed district,or within the territory proposed to be annexed to an existing district,file petitions with the City Clerk requesting the formation of the district or the annexation of territory to an existing district, respectively, the public hearing referred to in Section 53321(e) or 53339.3(f), as applicable, of the California Government Code may occur not less than 14 days after adoption of the resolution of intention to form or to annex territory to the district, as applicable, rather than the minimum of 30 days otherwise specified in said Sections of the California Government Code. (3546-4/02) Article 4 Procedures For Leaving 3.56.300 Lease or possessory interest by exempt person or entity to nonexempt person or entity,lease provisions; collection (a) If a public agency owning property,including property held in trust for any beneficiary,which is exempt from a special tax pursuant to Section 53340 of the Act grants a leasehold or other possessory interest in the property to a nonexempt person.or entity, the special tax shall, notwithstanding Section 53340 of the Act,be levied on the leasehold or possessory interest and -shall be payable by the owner of the leasehold or possessory interest. 4/02 legisdrft/new finance/=0356 14 Huntington Beach Municipal Code 3.56.300(b)-3.56.320(b) .(b) When entering into a lease or other written contract creating a possessory interest that may be subject to taxation;pursuant to subdivision(a),the public agency shall include,or cause to be included, in the contract a statement that the property interest may be subject to special taxation pursuant to this Code, and that the party in whom the possessory interest is vested may be subject to the payment of special taxes levied on the interest. Failure to. comply with the requirements of this section shall not, however, invalidate the contract. (c) If the special tax on any possessory interest levied pursuant to subdivision(a)is unpaid when due, the tax collector may use.those collection procedures which are available .for the collection of.assessments'on the unsecured roll. 3.56.310 Actions or proceedingsagainst ley of special tax or increase in special tax; time for commencement; time for perfection of appeal from final judgment. Any action or proceeding to attack, review, set aside, void, or annul the levy of a special tax or an increase in a special tax pursuant to this Code shall be commenced within 30 days after the special tax is approved by the voters. Any appeal from a final judgment in that action or proceeding shall be perfected within 30 days after the entry of judgment. 3.56.320 Reservation of rights; tender of full.or partial payment; special tax installments or interest or penalties due or delinquent. (a) The.legislative body may provide in the resolution issuing bonds and in documents setting forth the rights of the debtholders that it shall reserve to itself, the right and authority to allow any interested owner of property within the Wit=County, subject to the provisions of this section and to those conditions as it may impose, and any applicable prepayment penalties as prescribed in the bond indenture or comparable instrument or document, to tender to the distr-iet County Ttreasurer in full payment or part payment of any installment of the special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received any bond or other obligation secured thereby, the bond or other obligation.to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender. The distriet County Ttreasurer shall thereupon cancel the bond debt and shall cause proper credit therefor'to be entered on the records of the County and in the office of the auditor and tax collector. If the legislative body agrees to allow bond tenders pursuant to this section [or to Section 3.56.490] the legislative body may, at its discretion, agree to distribute or direct its trustee or other agent to distribute by any means an offer to purchase bonds or other related inquiry to the holders of the bonds of the County, at the expense of the person requesting the mailing. Neither the legislative body, nor any of its officers, agents, or trustees shall be liable in any way for that distribution. (b) The provisions of this subdivision apply to any tender of bonds pursuant to this section by an owner of property within the distriet County who is delinquent in paying special taxes levied by this distr-iet County when due. Bonds may be tendered pursuant to this legisdrft/new finance/mc0356 15 subdivision only after all of the following conditions have been satisfied: (1) The delinquent lot or parcel, or possessory interest in such delinquent lot or parcel, has been offered for sale as a result of a foreclosure judgment and the minimum price required to be paid for the lot or parcel, or possessory interest in such delinquent lot or parcel, was not received. (2) The bonds to be tendered to the distr-iet County were obtained by the property owner, or holder of the possessory interest, only after their prior owner was presented with a tender offer or solicitation as defined in this subdivision. (A) For purposes of this subdivision, a"tender offer" or "solicitation" is a solicitation by any person or that person's agent by offering circular, memoranda, tender, or solicitation, or any other document or written,,oral, or electronic communication for the purchase of the bonds from their then current owner. A person includes a natural person, corporation, company, partnership, limited liability company, limited liability partnership, association, or any other entity and a"tendering party" includes any person making a tender offer for bonds. (B) Any tender offer or solicitation shall include all material information as required ' under federal and state securities laws and shall also include the following information, to the extent applicable: (i) The name of the tendering party. (ii) An individual who can be contacted to provide further information with respect to the tender. (iii) The current holdings of bonds of the district by the tendering party and its affiliates. (iv) The total face amount of the bonds being solicited. (v) The price or method of determining the price per one thousand dollars ($1,000) in bonds being offered by the tendering party. (vi) Whether the tendering party or any person affiliated with or related to the i tendering party, or any employee,agent,or representative of the tendering I party, is a property owner within the district that issued the bonds: (vii) Whether the present intentions of the tendering party are to use the bonds for payment of special taxes or the purchase of property (or purchase of possessory interest)at a foreclosure sale pursuant to this section or Section 3.56.490. This statement of present intentions shall not be construed to be binding on the tendering party. legisdrft/new finance/mc0356 16 i I I j Intentionally Left Blank 17 Huntington Beach Municipal Code 3.56.320(2)(B)(viii)-3.56.320(4) (viii) The status of the bond redemption fund, construction fund, reserve fund, and any other funds of the district and the special tax delinquency rate of the district, all of which data shall be the most recent available from the district and,in any event, shall apply to the state of the funds after the most recent payment of principal and interest on the bonds. The district shall provide the necessary data to the property owner within 10 days of receiving a written request and may charge a reasonable fee not to exceed its actual costs of providing the data. The district shall simultaneously release the same information to the general public. The property shall also provide the percentage of the delinquency attributable to the tendering party or any person affiliated with or related to the tendering party, or any employee, agent, or representative of the tendering party, for each of the three most recent fiscal years. (ix) If the tendering party owns or leases property in the district that issued the bonds,the development plans for that property and an update on the current status of development of that property and of any zoning,planning,or other permits or approvals needed for development of the property to proceed. (x) Any other material information available to the tendering party and not generally available to the public that would significantly affect the market value of the bonds of the district. (C) The tendering party shall notify the legislative body of his or her intent to make a tender offer or solicitation at least simultaneously with making any offer or solicitation. (D) The tendering party shall provide a copy of the solicitation to the Department of Corporations prior to five working days after notifying the legislative body pursuant to subparagraph (C). (3) The tendering property owner or tendering possessory interest holder provides the legislative body with a negative assurance from counsel representing the property owner or tendering possessory interest holder that no misleading or other information has come to the opining party's attention after reasonable investigation, that would lead the party providing the negative assurance to believe that the tender was in violation of federal or state securities laws. (4) The tendering property owner delivers t6 the legislative body of the district that issued the bonds subject to the tender, a certificate to the effect that the tender information is accurate in all material respects and does not omit to state a material fact necessary in order to make the statements included in the tender information not misleading, except that the certificate need not provide any assurances as to the accuracy of the information as to the bond fund balances and tax payment information provided by the district. legisdrfVnew finance/=0356 18 3.56.320(c)-3.56.410 Huntington Beach Municipal Code (c) The provisions of this subdivision apply to any tender of bonds pursuant to this section by any owner of property within the district who is not delinquent in paying special taxes on any property within the district. A person subject to this subdivision shall be deemed to be a person whose relationship to.the issuer may give him or her access, directly or indirectly, to material information about the issuer not generally available to the public,and the provisions of Section 25402 of the Corporations Code apply to any purchase or sale of securities by that person in connection with the tender transaction. For purposes of this subdivision,the"issuer includes the district,the local agency that created the district,and any owner of property within the district. At any time prior to tendering bonds to the district pursuant to this section, any person subject to this subdivision shall deliver to the legislative body of the district a certificate that he or she has complied with this subdivision and applicable federal and state securities laws. Article 5 3.56.400 Resolution to incur bonded indebtedness. Whenever the legislative body deems it necessary for the community facilities district to incur a bonded indebtedness, it shall, by resolution, set forth all of the following: (a) A declaration'of the necessity for the indebtedness. (b) The purpose for which the proposed debt is to be incurred. (c) The amount of the proposed debt. The legislative body may provide for a reduction in the amount of proposed debt in compliance with the provisions of Section 53313.9 of the Act. (d) The time and place for a hearing by the legislative body on the proposed debt issue. 3.56.410 Inclusion of certain costs and estimated costs in proposed bonded indebtedness. The amount of the proposed bonded indebtedness may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the proposed debt is to be incurred, including, but not limited to, the estimated costs of construction, improvement or acquisition of buildings, or both; acquisition of land, rights-of-way, water, sewer, wetlands mitigation or other capacity or connection fees; lease payments for"school facilities, satisfaction of contractual obligations relating to expenses or the advancement of fiinds for expenses existing at the time the bonds are issued pursuant to this Code; architectural, engineering, inspection, legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district estimated to be due and payable within two years of issuance of the bonds; election costs; and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs. 6/99 legisdrft/new finance/mc0356 19 i Huntington Beach Municipal Code 3.56.420-3.56.430(a) 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. (b) Notwithstanding the provisions of subdivision (a), if the legislative body selling the bonds finds and determines that the proposed bonds do not present any unusual credit risk due to the availability of credit enhancements or for other reasons specified by the legislative body,the provisions of subdivision (a) may be disregarded. (c) Notwithstanding the provisions-of subdivision (a), if the legislative body selling the bonds finds and determines by a vote of not less_ than four-fifths of all of its members that the proposed bond issue should proceed for specified public policy reasons, the provisions of subdivision (a) may be disregarded. A finding and determination by the legislative body pursuant to this subdivision shall be final and conclusive upon all persons in the absence of actual fraud,and neither the legislative body nor the district shall have any liability of any kind whatsoever out of, or in connection with, any finding and determination. .3.56.430 Agreement to notify one or more parties in the event specified events occur affecting the market value of outstanding bonds; events triggering notice. The bond indenture or other bond documents may provide that the legislative body agrees to notify one or more parties, including the underwriter or other first purchaser of the bonds, an appropriate national repository for bond information approved by the Securities and Exchange Commission, or the California -Debt Advisory Commission, in the event that specified events occur which may affect the market value of outstanding bonds. These events may include, but are not limited to, the following, for example: (a) Withdrawal of funds from any reserve fund for the bonds, such that the balance in the fund j falls below a specified percentage of the amount required by bond documents. 6/ss legisdrft/new finance/mc0356 20 3.56.430(b)-3.56.440(q Huntington Beach Municipal Code (b) Draw upon a letter of credit or other credit enhancement for the bonds. (c) Filing for bankruptcy by a developer or other owner of more than a specified percentage of the area or property value within the district. (d) Unforeseen discovery of toxic materials or rare and endangered plant or.animal species within areas of the district proposed for development. 3.56.440 Action to foreclose liens; cumulative remedy; resolution to diligently pursue foreclosure action; collection of delinquent charges. (a) ' As a cumulative remedy, if debt is outstanding, the.legislative body may, not later than four years after'the due date of the last installment of principal thereof, order that any delinquent special taxes levied in whole or in part for payment of the debt, together with any penalties, interest, and costs,be collected by an action brought in the superior court to foreclose the lien of special tax. (b) The legislative body may, by resolution,adopted prior to the issuance of debt under this Code . covenant for the benefit of debt holders to commence and diligently pursue any foreclosure action regarding delinquent installments of any amount levied as a special tax for the payment of interest or principal of any bonds that are issued,and,at any time may assign the causes of action arising from the foreclosure to a trustee or joint powers authority to do so on behalf of the debtholders. The resolution may specify a deadline for commencement of the foreclosure action and any other terms and conditions the legislative body determines reasonable regarding the foreclosure action. (c) Except as provided in Section 3.56.470, all special taxes, interest, penalties, costs, fees-, and other charges that are delinquent at the time of the ordering of a foreclosure action shall be collected in the action. In the event that a lot or parcel of property or a possessory interest has not been sold pursuant to judgment in the foreclosure action at the time that subsequent special taxes become delinquent, the court may include the subsequent special taxes, interest, penalties, costs, fees, and other charges in the judgment or modified judgment. (d) For purposes of financing delinquent special taxes pursuant to Section 26220 of the California Government Code, the legislative body may act as if it were a board of supervisors. (e) Notwithstanding any other provision of this Code,no trustee or joint powers authority shall be obligated to accept the tender of bonds in satisfaction of any obligation arising from a delinquent special tax,although either may do so if authorized to do so by the legislative body. (f) An action to determine the validity of any bonds issued, any joint powers-agreement entered into, and any related agreements entered into,by a joint powers agency acting pursuant to this section may be brought by the joint powers agency pursuant to Chapter 9 (commencing with Section 860)of Title 10 of Part 2 of the Code of Civil Procedure. Any appeal from a judgment in the action shall be commenced within_ 30 days after entry of judgment. 6/99 I legisdrft/new finance/mc0356 21 °I Huntington Beach Municipal Code 3.56.450-3.56.460(a)(4) 3.56.450 `Complainants; time limitations; contents of complaint. The foreclosure action shall be brought in the name of the local agency or trustee on behalf of the bondholders pursuant to Section 3.56.440,and may be brought within the time specified in Section 3.56.440. The complaint may be brief and need only include the following allegations: (a) That on a stated date, a certain sum of special taxes, levied against the subject property.or possessory interest(describing it) pursuant to this Code, became delinquent. (b) On that date, bonds issued pursuant to this Code, payable in whole or in part by the subject special taxes, were outstanding. (c) , That the legislative body or trustee has ordered the foreclosure. 3.56.460 Judgment decree,contents; amount; attorneys' fees; application of general foreclosure provisions., (a) Any judgment shall decree the amount of the continuing lien against each parcel or possessory interest to be foreclosed,and shall order the parcel to be sold on execution as in other cases of the sale of realproperty or possessory interests by process of the court except: (1) Notwithstanding Section 701.545 of the Code of Civil Procedure, notice of sale of any lot or parcel or possessory interest included in the judgment may be given pursuant to Section 701.540 of the Code of Civil Procedure any time after the expiration of 20 days after;the date notice of levy on the interest in real property was served on the judgment debtor or debtors,provided that the lot or parcel to be sold is not a dwelling for not more than four families and provided that all parties whose liens are extinguished by the foreclosure judgment were either defendants in the foreclosure action or,for those parties Who acquired an interest in a lien on the parcel after the recording of notice of the pending foreclosure action, received constructive notice of the action. (2) Whenever notice of sale may be given after the expiration of 20 days after the date notice of levy was served as provided in paragraph (1), the 3 0-day time period contained in subdivision(h)of Section 701.540 of the Code of Civil Procedure shall be reduced to 10 days. - (3) Upor proof that the lot or parcel or possessory interest to be sold is not a dwelling for not more: than four families, and upon determining that all parties whose liens are extinguished by the foreclosure judgment were either defendants in the foreclosure action or, for those parties who acquired an interest in a lien on the parcel after the recording of notice of the pending foreclosure action, received constructive notice of the action, pursuant to Section 716.020 of the Code of Civil Procedure,,the court shall order that paragraphs (1) and(2) apply to any judgment previously entered. (4) The minimum bid amount provided in Section 3.56.470 shall apply instead of subdivision (a) of Section 701.620 of the Code of Civil Procedure. 6/99 legiscirft/new finance/mc0356 22 3.56.460(a)(5)-356.49Q Huntington Beach Municipal Code (5) The local agency may bid at the price provided in Section 3.56.470 by giving the levying - officer a written receipt crediting all or part of the amount required to satisfy the judgment. If the local agency becomes the purchaser pursuant to bid, the local agency shall pay the amount of its credit bid into the redemption fund within 24 months of the date of the foreclosure sale. (6) Notwithstanding subdivision (c) of Section 701.620 of the Code of Civil Procedure, if -the minimum price required to be paid for a lot of parcel pursuant to Section 3.56.470 is not obtained at a foreclosure sale, upon written request of the local agency,the levying officer shall retain the writ of sale and, provided that the writ.of sale has not been returned to the court pursuant to paragraph(1) of subdivision(a) of Section 699.560 of the Code of Civil Procedure,give notice of sale pursuant to Section 701.540 of the Code of Civil Procedure without relevying on the property. (7) As provided elsewhere in this Code. (b) The judgment amount shall include reasonable attorneys' fees to be fixed by the court, . together with interest,penalties, and other authorized charges and costs (all calculated up to date of judgment). (c) The foreclosure action shall be governed and regulated by the provisions of this Code, and also where not in conflict with this Code, by other provisions of law generally applicable to foreclosure actions. 3.56.470 Price of property or possessory interests sold. Property or possessory interests sold hereunder may not.be sold for less than the amount of the judgment plus post judgment interest and-authorized costs without the consent of the owners of 75 percent by value of the outstanding bonds. 3.56.480 Computation errors;validity of special tax installment interest or penalty. No special tax installment, interest or penalties thereon, or deed shall be held invalid for any error in computation if the error is found to be comparatively negligible, or is found to be in favor of the owner of the real property affected thereby. 3.56:490 Tender of bonds or debt; special taxes; penalties and interest; satisfaction of bid amount. Provided the legislative body permits bonds or debt to be tendered for special taxes and the penalties andinterest thereon pursuant to Section 3.56.320, if the highest bid for a lot or parcel sold pursuant to a judgment of foreclosure and order of sale exceeds five thousand dollars ($5,000) and the!highest bidder elects to treat the sale as a credit transaction pursuant to subdivision(c) of Section 701.590 of the Code of Civil Procedure, the balance due as provided in that section may be paid in full or in part by tender of bonds or debt,provided, however, that bonds or debt may not be tendered for costs of foreclosure, including attorney's fees, and administrative charges incurred by the local agency with respect to removing the special taxes from the rolls of the treasurer or tax collector, or other administrative charges. 6/99 legisdrf/new finance/mc0356 23 Huntington Beach Municipal Code 3.56.490(a)-3.56.500(c) (a) Tender of bonds or debt shall be made to the local agency within seven days of the date of the sale. The'local agency shall be charged with authenticating the tender and shall, within 10 days of the date of the sale, submit a written receipt to the levying officer who conducted the sale for the amount of the bond or debt tender accepted by it. (b) Tender of cash or certified check or cashier's check shall be made to the levying officer within 10 days of the date of the sale. (c) The levying officer`shall total the cash, certified checks and cashier's checks,and,any agency written receipts for bonds or debt to determine if the-amount of the bid,plus accruing costs and interests, has been paid. In no event shall the tendering party be entitled to receive cash or other compensation in return for all or any part of the value of a tendered bond or bonds, except for recognition of their value in satisfying the amount bid. (d) The tendering party shall comply with the provisions of Section 3.56.320, as applicable as if they were fully set out in this section. 3.56.500 Notice of proposed sale of bonds; contents. (a) The legislative body shall,no later than 30 days prior to the sale of any bonds pursuant to this -article,give written notice of the proposed sale to the California Debt and Investment Advisory Commission by mail,postage prepaid, as required by Chapter 12 (commencing with Section 8855) of Division 1 of Title 2 of the California Government Code (b) Each year after the sale of any bonds,including refunding bonds,pursuant to.this article,and until the final maturity of the"bonds, the legislative body shall, not later than October 30 of each year, supply the following information to the California Debt and Investment Advisory Commission by mail,postage prepaid: (1)` The principal amount of bonds outstanding. (2) The balance in the.bond reserve fund. (3) The balance in the capitalized interest fund, if any. (4) The number`of parcels which are delinquent with respect to their special tax payments, the amount that each parcel is delinquent, the length of time that each has been delinquent, and when foreclosure was commenced for each delinquent parcel. (5) The balance in any construction funds. (6) The assessed value of all parcels subject to special tax to repay the bonds as shown on the most recent equalized roll. (c) In addition, with respect to any bonds sold pursuant to this article,regardless when sold, and until the final maturity of the bonds, the legislative_body shall notify the California Debt and Investment Advisory Commission by mail, postage prepaid, within 10 days if any of the following events occur: legisdrft/new finance/mc0356 24 3.56.500(c)(1)-3.56.500(d) Huntington Beach Municipal Code (1) The local agency-or its trustee,fails to pay principal and interest due on any scheduled payment date. (2) Funds are withdrawn from a reserve fund to pay principal and interest on the bonds beyond levels set by the California Debt and Investment.Advisory Commission. (d) Neither the legislative body nor the California Debt and Investment Advisory Commission shall be liable for any inadvertent error in reporting the information required by this section. i legisdrft/new finance/mc0356 25 ORDINANCE NO. � LEGISLATIVE DRAFT Chapter 5.04 GENERAL PROVISIONS (766-7/60, 838-6/61,904-6/62, 1461-2/69, 1924-7/74,1935-11/74,2594-2/83, 2679-3/84,3603-6/03) Sections: 5.04.010 Definitions. 5.04.020 Purpose. 5.04.030 , Effect on other ordinances. 5.04.040 Effect on past actions and obligations. 5.04.050 Prohibited occupations. 5.04.060 Permit from council required for certain businesses. .5.04.070 (Repealed, Ord. No. 3603 - 6/03) 5.04.080 Investigation fees. 5.04.090 License not a permit. ' 5.04.010 Definitions. Unless the particular chapter, provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in Title 5. (3603-06/03) (a) "Amusement machine" means any mechanical or electronic game, equipment, machine or device which is'played or_operated for amusement or entertainment, wherein a sum of money is charged or collected for the operation of such machine or device by means of a coin slot or otherwise. (3603-6/03) (b) "Apartment house"means any building, or portion thereof, which is designed, built, rented, leased,let or hired out to be occupied, or which is occupied.as the home or residence of two or more families living independently of each other, in which building or portion thereof, kitchen or cooking facilities are incorporated, whether or not the occupants do their cooking in said. building, and shall include flats and apartments. This section shall not apply where the building or portion thereof mentioned above consists of two units on a single lot as long as one of such units is owner occupied. (3603-06/03) (c) "Auto wrecker" means any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles. (3603-6/03) (d) "Average number of employees" means the full-time equivalent of employees in the managing, operating, transacting and carrying on of any business in the city. The average number of employees for any business means the average number of persons employed daily for the twelve-month period ending on December 31 preceding the date of license application and shall be determined by ascertaining the total number of hours of service performed by all employees during such year, and dividing the total number of hours of service thus obtained by the number of hours of service constituting a day's work, according to the custom or laws governing such employments, and by again dividing the sum thus obtained by the number of business days in such year. (3603-6/03) (e) "Bulk-vending machine" means a nonelectrically-operated vending machine, containing unsorted confections, nuts or merchandise which, upon insertion of a coin or coins, dispenses same_in equal portions, at random and without selection by the customer, excluding "vending machines." (3603-6/03) Legisdrft/mc05O4LD 1 (f) "Business" means professions, trades, and occupations and all and every kind of calling whether or not carried on for profit. (3603-6/03) (g) "City Treasurer"means the City Treasurer and his or her designee. (3603-6/03) (h) "Dinner dancing place"means a place where music is provided and the public is permitted to dance without payment of a fee. (766-7/60,904-6/62,1604-10/70,3100-5/91,3161-7/92,3603-6/03) (i) "Event" means'certain short-term events which may be held on public or private property by persons, charitable organizations or businesses, at which some measure of business is conducted which may include the sale of tickets, entry,fees or registration, the promoting or advertising of a business or organization, fund-raising events, or the sale of merchandise. These events include but are not limited to art shows, sidewalk sales, seminars, trade shows, amusement attractions, fashion shows, marathon runs, car shows, festivals, sporting events or any combination thereof. (3603-6/03) 0). "Exhibitors" means any person or organization exhibiting, displaying, selling, exchanging, or offering-for sale or exchange any property or service at a meet or event. (3603-6/03) W"Finance Director" shall mean the Director of Finance or his/her designee. (k 1) "General building contractor"means a contractor whose principal contracting business is in connection with any structure built,being built or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of more than two (2) unrelated building trades or crafts or to do or superintend the:whole or any part thereof (3603-6/03) (I m) "General engineering contractor"means a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, levees, river control and reclamation works, railroads, highways, streets and roads, tunnels, sewers and sewage disposal plants"and systems, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances,parks,playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, power plants and other utility plants and installations, land leveling and earthmoving projects, excavating, grading, trenching, paving and surfacing work and cement and- concrete works in connection with the abovementioned fixed works. (3603-6/03) (m n) "Hotel' motel or rooming house" means any lodging house, motel, hotel, rooming house, bungalow court; auto court or public or private club containing more than three guest rooms or units, and which is occupied or is intended or designed for occupancy by more than three (3) guests, whether rent is paid in money, goods; labor, services or otherwise and which is maintained, advertised or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole or any part of the public whether with or without meals. (3603-6/03) (n o) "Junk collectors" means any person, other than a junk dealer engaged in the business of buying or selling, either at wholesale or retail, rags, bottles, papers, cans, metal or other articles of junk. (3603-6/03) , (e p) "License"means a license required for any person conducting, transacting, carrying on or ' engaged in any business, trade, profession, calling or occupation in the City. (3603-6/03) (p q) "Licensee"means any person conducting, transacting, carrying on or engaged in any business in the City who has acquired, or is required to obtain, a business license. (3603-6/03) Legisdrft/mc05041,D 2 (q r) "Merchandise" means tangible items, wares, goods, objects and articles which may be offered for sale.' (3603-6/03) (r s) "Operator" means any.person conducting or operating a swap meet, or event within the City. This shall include such events commonly referred to as a farmer's market and arts and craft shows. (3603-6/03) (s t) "Peddler" means any person not having a fixed place of business in this city, who for himself, or as agent or representative for or of another, goes from house to house, and place to place, or at or along the streets of this city offering to sell tangible objects or articles, goods, wares, merchandise or services, who delivers such object, article, goods, wares, merchandise or . service, in person, to the person placing the order for the same, at the time such order is placed and paid for. (3603-6/03) (t u) "Person" means all domestic and foreign corporations, associations, syndicates,joint stock corporations, partnerships of every kind, clubs, or common law trusts, societies and individuals transacting and carrying on any business in the city other than as an employee. (3603-6/03) (tt y) "Public dance" means a dance open to the public for an admittance fee or charge, which is held on one day only. (3603-6/03) (v w) "Public dance hall" means a place open to the public upon payment of admittance fee, wherein music is provided and people are allowed to dance which is so open at regular intervals or on regular days of the week: (3603-6/03) (w x) "Service Machine" means any mechanical or electronic machine, device or equipment that is operated, rented or used for a fee and provides a service to the customer, such as computers, scanners, photocopiers, weighing machines, vacuum cleaners or car washes. (3603-6/03) (x-y) "Solicitors and canvassers"means any person not having a fixed place of business within the city who for himself or as agent or.representative for or of another, in person or by telephone or by any other means of communication is engaged in the business of going from house to house and place to place or at or along the streets of this city, offering to sell intangibles,such as bonds or stock or oil or mining shares or units, or soliciting or taking orders for future delivery of articles, goods, wares or merchandise, services or subscriptions inclusive of newspapers, magazines, periodicals, books and all other publications, and whether collecting advance payments or not, and inclusive of all persons who thus go from place to place, and from house to house within the city, in any like or analogous activities, and inclusive of any and all such persons who may or may not engage in any actual or purported interstate commerce. The terms "solicitor" and "canvasser" shall not apply to commercial salesmen, agents and the like who sell or take orders for the sale of wholesale goods to persons maintaining a fixed place of business in this city who are licensed as prescribed by this title. (3603-6/03) (y z) , "Specialty contractor" means a subcontractor and is a contractor whose operations as such are the performance of construction or other work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts or other specialized techniques and who is not classified as a general engineering or general building contractor by the Department`of Professional and Vocational Standards of the State of California, and those various categories of contractors who are not required to be and who are not licensed as "contractors" by the aforementioned department. The classification assigned to contractors by the State of California will be used in determining the fee for issue of license by this city. A license as a specialty or subcontractor will not be issued to a person classified by the state as a general or engineering contractor unless such contractor holds a valid sub or specialty contractor classification license in addition to his general or engineering license. (3603-6/03) (z aa) "Stall,.Space or Booth" shall be defined as a physical area measuring one hundred and forty- four(144) square feet or less. (3603-6/03) Legisdrft/mc0504LD 3 (aa bb)."Swap Meet" means an operation of occasional, periodic or regularly scheduled markets held within a building of at least 100,000 square feet, or outside, that has received a conditional use permit to conduct an indoor swap meet. .(3603-6/03) (bb ce)"Vending machine" means any weighing, service, merchandise, food or drink-dispensing machine, or device wherein a sum of money is charged or collected for the operation of such machine or device by means of a coin slot or otherwise, excluding "bulk-vending machines." (766-7/60,838-6161, 904-6/62, 1461-2/69, 1924-7/74, 1935-11/74, 2594-2/83, 2679-3/84, 3603-6/03) 5.04.020 Purpose. The ordinance codified herein is enacted solely to raise revenue for municipal purposes, and is not intended for regulation. (766-7/60) 5.04.030 Effect on other ordinances. Persons required to pay a license tax for transacting and carrying on any business under this title shall not be relieved from the payment of any license tax for . the privilege of doing such business required under any other ordinance of the City of Huntington Beach,and shall remain subject to the regulatory provisions of other ordinances. (766-7/60) 5.04.040 Effeef on_past actions and obligations. Neither the adoption of the ordinance,codified herein nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be'posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect. (766-7/60) 5.04.050 Prohibited occupations. Nothing in this title shall be construed to permit the conduct of. any trade, business or occupation which is prohibited by an applicable federal, state or municipal ordinance or regulation, or.which has been declared illegal or to constitute a nuisance by any governmental or municipal authority. (852-8/61) 5.04.060 Permit from Council required for certain businesses. No license shall be issued for the conduct of any business which, in the opinion of the Finance Director would be detrimental to the public health, safety, welfare or moral standards of the City until a permit shall have first been obtained from the City Council or appropriate City department. (838-6/61, 3603-6iO3) 5.04.080 Investigation fees. Investigation fees may be levied against business applicants, firms, persons or subsequent employees, when so designated by the City Administrator and City Council. Said fees shall be reasonable and based on standards set by the City Administrator and shall be payable to the City Treasurer prior to the police investigation. Fees are not refundable. (1171-1/66,3603-6/03) 5.04.090 License not a permit. The business licenses issued pursuant to the provisions of this title constitute a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement, not a permit,to conduct, manage or carry on any business activity within this city. (838-6/61) 06/03 Legisdrft/mc05041,D 4 ORDINANCE NO. LEGISLATIVE DRAFT Chapter 5.08 LICENSING PROCEDURES (76-7/60, 327-4/20, 372-3/34, 838-6/61, 904-6/62, 1605710/70, 3603-6/03) (3603 Repealed Chapter 5.10—Enforcement of Title—327-4/29, 766-7/60,838-6/61, 904-6/62, 1842-6/73 and Repealed Chapter 5.12—Exemptions to Provisions—766-7/60, 1224-8/66) Sections: 5.08.010 License Required 5.08.015 Evidence of doing business 5.08.020 Exemptions--Generally 5.08.030 Conflict with other provisions--Tax payment 5.08.040 . Fee payment--Average number of employees 5.08.050 License--Term 5.08.060 Additional sums due before renewal 5.08.065 Application, license process and renewal fees 5.08.070' Fee payment--When ceasing business 5.08.080 Fee payment--Due when 5.08.090 Nontransferable--Amended for changed location 5.08.100 Delinquent payment--Penalty 5.08.110 Delinquent payment--Bars further license 5.08.120 B'onds--Required when 5.08.130 -Bonds--Form ' 5.08.140 Separate license--Branch establishments 5.08.150 Unexpired prior to ordinance 5.08.160 Replacement--Fees 5.08.170 Posting and keeping 5.08.180 Application-Contents 5.08.190 (Repealed, Ord. No. 3603-06/03) 5.08 200 Error by City Finance Director --Correct amount due 5.08.210 (Repealed, Ord. No. 3603-06/03) 5.08.220 Statements not conclusive determination 5.08.230 Failure to file statement 5.08.240 (Repealed, Ord. No..3 603-06/03) 5.08.250 Additional power of Finance Director 5.08.260 Deposit of fees, penalties and other moneys into general fund 5.08.270 Renewal 5.08.280 Examination of business place 5.08.290 Officers' right of entry 5.08.300 License—Revocation—Suspension 5.08.310 Appeal 5.08.320 Appeal procedure . 5.08.330 Hearing—Licensee right 5.08.340 License-Tax—A debt 5.08.350 Remedies cumulative 5.08.360 Zoning and other regulations 5.08.370 Violation Penalty. 5.08.010 License--Required. There are imposed upon the businesses,trades, professions, callings ' and occupations specified in this title license taxes in the amounts hereinafter prescribed. It shall ' be unlawful.for any person to transact and carry on any business, trade, profession, calling or legisdrft/new finance mc5081d 1 t or occupation in the city without first having procured a license from the city so to do or without complying with any and all applicable provisions of this title. (327-4/29, 766-7/60) 5.08.015 Evidence of doing business. When any person shall by use of signs, circulars, cards, telephone book or newspapers, advertise, hold out, or represent that the person is in business in the City, or when any person holds an active license or permit issued by a governmental agency indicating that the person is in business in the City, and such person fails to deny by a sworn statement to the Git;,Treastffef Finance Director that they are conducting business in the City, after being requested to do so by the City Tr-easufer Finance Director or authorized employees of the City, then?these facts shall be considered prima facie evidence that the person is conducting a business in the City. (3603-6/03) 5.08.020 Exemptions--Generally. ,Nothing in this title shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or the State of California from payment of such taxes as are herein prescribed. (327-4/29, 766-7/60, 3603-6/03) (a) Interstate commerce. None of the license taxes provided for by this title shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license tax is believed by a licensee or applicant for license to place an undue burden upon such commerce, he.may apply to theQty4reasufef Finance Director for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at or within six (6)months after payment of the prescribed license tax. The .applicant shall, by affidavit and supporting testimony, show his or her method of business and the average number of employees or estimated average number of employees and such other information as the City Treas Finance Director may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The City T Finance Director shall then conduct an investigation, and after having first obtained the written approval of the City Attorney, subject to the approval of the City Council, shall fix as the license tax for the applicant, an amount that is reasonable and nondiscriminatory, or if the license'tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged,the City Treasufe f Finance Director shall have the power to base the license tax upon the average number of employees or any other measure which will assure that the license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this title. Should the City Treasufef Finance Director determine the average number of employees measure of license tax to be the proper basis, he or she may require the applicant to submit, either at the time of termination of applicant's business in the city or at the end of each three (3)month period, a sworn statement of the average number of employees and.pay the amount of license tax therefor,provided that no additional licensetax'during any one (1) calendar year shall be required after the licensee shall .have paid an amount equal to the annual license tax as prescribed in this title. (3603-6/03) .1. 'Any person claiming an exemption pursuant to this chapter shall file a verified statement with theme Finance Director stating the facts upon which exemption is claimed. (3603-6/03) 2. The Gity!Reasur-ef Finance Director shall, upon a proper showing contained in the verified statement, subject to approval.of the City Council, issue a license to such.person claiming''exemption under this section without payment to the city of the license tax required by this title. (3603-6/03) 3. The City-Tfeasurtir Finance Director, after giving notice and a reasonable opportunity for hearing to a licensee, as provided in sections 5.08.240 and 5.08.250, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as,provided herein. (3603-6/03) legisdrft/new finance mc5081d 2 t (b) Charitable and nonprofit organizations. As used in this title, "charitable" and"nonprofit organizations" shall include only religious, charitable, fraternal, educational, military, state, county or municipal organizations or associations as defined by Internal Revenue Code §501(c). The provisions of this chapter shall not be deemed or construed to require the payment,of a'license tax to conduct, manage or carry on any-business, occupation or activity from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any, person, nor shall any license tax be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects within the City whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated at any church or school or to any religious or benevolent purpose; nor shall any license tax be required for the conducting of any entertainment, dance, concert, exhibition or;lecture by a religious, charitable, fraternal, educational, military, state, county, or municipal organizations or associations, or lecture are to be appropriated for the purpose and Object for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any person, provided, however, that nothing in this section shall be deemed to exempt any such organization or association from complying with any of the provisions of this code requiring a permit from the City Council or other City department, or any commission or.officer to conduct, manage or carry on any profession, trade calling or occupation. (3603-6/03)_ (c) Disabled veterans—Exempted when. Every honorably discharged soldier, sailor or marine of the United States, who is physically unable to obtain his or her livelihood by means of manual labor and who is a qualified voter of the State of California, shall have the right to hawk, peddle and vend any goods, wares, or.merchandise,owned by him, except spiritous, malt, vinous or other intoxicating beverages, without the payment of a license fee, subject, however, to the restrictions,limitations, regulations and conditions hereinafter set forth. Every applicant must comply with the following requirements before a license may be issued under the provisions of this chapter: (3603-6/03) 1. Every applicant must furnish a certificate of physical disability executed by a qualified surgeon of the United States Navy, Army,Marines, Air Force or U. S. Public Health Service,-'a certificate of honorable discharge from the United States Navy, Army,Marines,, Air Force or U. S. Coast Guard, and a written recommendation from the representatives of the local posts of the American Legion and/or the Veterans of Foreign Wars. (3603-6/03) 2. Every applicant must furnish two (2) identification photographs, one to be attached to the license issued to said applicant, and the other to be attached to the copy retained by the Cite Treast ro. Finance Director. The applicant must also sign both copies of the license at the time of the issuance thereof (3603-6/03) . 3. License issuance conditions. A license when issued is subject to the following conditions: (3603-6/03) (a) It is nontransferable and for the exclusive use of the licensee named; (3603-6/03) (b) Applicant's identification"photograph must be attached to the license at all times, and failure to comply herewith is grounds for revocation of the license and for refusing its renewal or the issuance of a new license thereafter; (3603-6/03) (c) The licensee named must identify himself or herself by his or her signature and present a valid license whenever required to do so by a Police Officer or City Tfe sufe,- Finance Director; (3603-6/03) (d) Every license issued under the provisions of this section shall expire thirty(30) days from and after the date of issuance and a new license may thereafter be issued pursuant to the provisions of this section subject to review by the City T-feasure f Finance legisdr8/new finance mc5081d 3 I i Finance Director; (3603-6/03) (e) It is unlawful for any person, other than the licensee named, to use or have in his or her possession any license issued pursuant to the provisions of this section; (3603-6103) (f) It is unlawful for any person to purchase or transfer any license issued pursuant to the provisions of this section, or for any person to transfer or convey the certificates mentioned in Section 5.08.020(c)I above, to any other person for the purpose of securing a license as herein provided. (3603-6/03) 5.08.030 Conflict with other provisions--Tax pa ice. Persons not required to obtain a license prior to doing business within the city because of conflict with applicable statutes of the United States or of the State of California shall not be liable for payment of the tax imposed by this title. (327-4/29, 766-7/60, 3603-6/03) 5.08.040 Fee payment--Average number of employees. In the case of an application for license under the average number of employees classification, the applicant, shall pay the entire minimum fee plus the amount based on the average number of employees at the time the application for " license is made. (766-7/60, 904-6/62, 1605-10/70, 3603-6/03) 5.08.050 License--Term. The fees for all licenses, whether under flat rate (annual) status or classifications A B, C, and D, shall be payable in advance, and such license shall cover the period of one year from;the first day of the month in which said license is issued. (766-7/60, 904-6/62 1605-10/70) 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 permit fees or taxes levied by any s City department-have been paid in full. (766-7/60,904-6/62, 1605-10/70, 3603-6/03) '5.08.065 Application, license process and renewal fees. A non-refundable processing fee shall be paid at the time of application and a non-refundable renewal fee shall be paid annually to renew the business license. These fees shall be established by resolution of the City Council: These fees shall be in addition to any other taxes or fees required by this title or required under any other chapter of this Code. (3603-6/03) 5.08.070 Fee payment--When ceasing business. In no event shall any portion of the fee-be refundable in the event a business shall cease operation. (766-7/60, 904-6/62, 1605-10/70, 3603-6/03) 5.08.080 Fee payment--When due. The license fee payable under the average number of employees classification shall be due and payable in the case of an original license before the license is issued,'und in the case of a renewal license, shall accompany the application for renewal. (766-7/60, 904-6/6Z, 1605-10/70, 3603-6/03) 5.08.090 Nontransferable--Amended for changed location. No license issued pursuant to this title shall be transferable; provided, that where a license issued authorizing a particular person to transact and carry on.a business at a particular place or under a particular business name, such licensee--may upon application therefor and paying a fee as adopted by Resolution of the.City Council have the license amended to authorize the transacting and carrying on of such business under said license at some other location to which the business is or is to be moved or business name. (766-7/60, 838-6161, 1605-10/70, 3603-6/03) 5.08.100 Delinquent payment--Penalty. For failure to pay a license tax when due,the City Treasurer shall add direct the Finance Director to add a penalty of ten percent (10%) of the license tax on the last first day of each month after the due date thereof. (766-7/60, 3603-6/03) 5.08.110 Delinquent payment--Bars further license. No license shall knowingly be issued to any person who, at the time of making application for any license, is indebted to the city for any prior unpaid license fee or other fee, permit or invoice. (37273/34, 838-6/61, 3603-6/03) legisdrft/new.finance mc5081d 4 5.08.120 Bonds--Required when. Where, by the terms of this title, a bond is required to be furnished by any person accruing or applying for a license, such person shall, before the issuance to him of such license, deliver to the City Treasurer a bond, executed by any reliable surety company or by two (2) personal sureties,each of whom is the owner of property within the city, of the value of twice the amount of the penal sum of the bond. (327-4/29, 766-7/60, 3603-6/03) 5:08.130 Bond--Form. The conditions of the bond shall be in a form approved by the City Attorney. (327-4/29,.766-7/60, 3603-6/03) 5.08.140 Separate license--Branch establishments. A separate license must be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this title shall not be deemed to be separate places of business or branch establishments. (766-7/60) 5.08.150 Unexpired prior to ordinance. Where a license for revenue purposes has been issued to any business by the city and the tax paid therefore under.the provisions of any ordinance heretofore enacted and the term of such license has not expired, then the license tax prescribed for the business by this title shall not be payable until the expiration of the term of such unexpired license. (766-7/60) 5.08.160 Replacement--Fees. A duplicate license, license decal or license plate maybe issued by the Gib, r,-easur-e,Finance Director to replace any license, license decal or license plate 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 City Council. (766-7/60, 838-6/61, 1605-10/70, 3603-6/03) 5.08.170 Posting and keeping. All licenses must be kept and posted in the following manner: (a) Any licensee transacting or carrying on business at a fixed place of business in the city shall keep the license posted in public view upon the premises where such business is carried on and have in or upon the licensee's business vehicles the business license or other-form of license as designated by the Finance Director issued for such vehicle. (3603-6/03) (b) Any licensee,transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his person at all times while transacting and carrying on such business and have in or upon each of the licensee's business vehicles,at the time of operation in this city,the business license or other form of license as designated by the Qty- Tfeasufe Finance Director issued for such vehicles. (766-7/60, 838-6/61, 3603-6/03) 5.08.180 Application--Contents. Before any license is issued to any person, unless otherwise provided in this title, a written application by the applicant shall be made to the City Tfeasur-e. Finance Director, upon a form to be secured from the type Finance Director and which application shall contain the following information: (3603-6103) i (a) The exact nature or kind-of business,profession, show, exhibition, game, occupation or enterprise for which the license is requested; (b) The place where such business, profession, show, exhibition, game, occupation or enterprise is to be carried on, and if the same is not to be carried on at any permanent place of business, the places of residence of the owners of the same; • i (c) Any further information which the Finance Director may require to enable him or her to issue the type of license applied for; (3603-6/03) legisdrft/new finance mc5081d 5 i (d) In the event that application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and place of residence of, those owning the business, profession, show, exhibition, game, occupation or enterprise. (766-7/60) 5.08.200 Error by City Tfe sd "Finance Director--Correct amount due. In no case shall any mistake of the qty Tfeasufef Finance Director in stating the amount of a license prevent or prejudice the collection by the city of what should be actually due from any person carrying on any business, profession, show, exhibitioii,.game, occupation or enterprise subject to a license under the provisions of this title. (766-7/60, 3603-6/03) 5.08.220 Statements not conclusive determination. (a) No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by.appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the City Tres^per Finance Director. (3603-6/03) (b) All licensees, applicants for license, and persons engaged in business in the city are required to permit an examination of such books and records for the purposes aforesaid. (c) The information furnished or secured pursuant to this section or Section 5.08.210 shall be confidential except that information which is deemed to be public records pursuant to state law. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this title in addition to any other penalties provided by law. (766-7/60, 3603-6/03) 5.08.230 Failure to file statement. If any person fails to file any required statement within the , time prescribed;,or if after demand therefor made by the Finance Director, such person fails to file a corrected statements the y Tfeastifef Finance Director may determine the amount of license tax due from such person by means of such information as he or she may be, able to obtain. (3603-6/03) 5.08.250 Additional power of Gity T.- ref Finance Director. In addition to all other powers conferred upon the Finance Director, he or she shall have the power, for good cause shown,to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued in accordance with'the City Charter and Municipal Code; and shall have the further power, with the consent of the City.Council, to compromise and claim as to amount of license tax due. (766-4/60, 3603-6/03) 5.08.260 Deposit of fees, penalties and other moneys into general fund. All fees, penalties and other moneys received by the City Treasurer pursuant to the provisions of this title shall be deposited to the general fund of this city upon the same day or the business day next following the receipt of the same. (3603-6/03) 5.08.270 Renewal. The licensee shall renew the license annually by payment of the tax and renewal fee as set forth by Resolution of the City Council, regardless of whether or not a renewal notice is received by the licensee. (3603-6/03) 5.08.280 Examination of business place. The Finance Director, in the exercise of the duties imposed upon him or her hereunder, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of Chapters 5.04 through 5.16 of this title have`been complied with. (3603-6/03) legisdrff/new finance mc5081d 6 i . 5.08.290 Officers' right of entry. The Finance Director, Code Enforcement Officers;and any Police Officer shall have the power and authority to enter, free of charge at any reasonable time, any place of business required to be licensed herein, and demand exhibition of the,licensee's business license. Any person having such business license theretofore issued, in his, her or its possession or under his, her or its control, who willfully fails to,exhibit same on demand, shall be guilty of a misdemeanor and subject to the penalties provided by this title. (3603-6/03) 5.08.300 License—Revocation—Suspension. (a) Any licensee,who is conducting the business licensed in such a manner as to be detrimental to the public health, morals or safety of the general public or shall permit the violation of city ordinances, state laws or the laws of the United States of America within its licensed establishment shall be "sub*ect to having its license suspended or permanently revoked by the Finance lirector. (3603-6/03) (b) The licensee shall be provided with written notice by first class mail, postage prepaid, of such revocation and/or suspension. (3603-6/03) 5.08.310 Appeal. Any person aggrieved by any decision of the Finance Director under;Huntington Beach Municipal Code Chapters 5.04—5.16 may file an appeal with the City Clerk within fifteen(15) days of the date of mailing of the notice of revocation or suspension, and, at the time of such filing, pay a fee as adopted by Resolution of the City Council. (3603-6/03) h " 5.08.320 Appeal procedure. (a) The City Clerk shall schedule a hearing to be held within fifteen (15) days after the filing of the notice of appeal. (3603-6/03) (b) Notice of the,date, time and place of the hearing shall be mailed, postage prepaid, at least ten (10) days prior thereto to the licensee at the address given in the notice of appeal, or if none is provided, to the address set forth in the permit application. (3603-6/03) (c) The City Council, or their,designee, shall have authority to determine all questions raised on such appeal. The decision of the City Council or their designee shall be final. (3603-6/03) '5.08.330 Hearing—Licensee right. At such hearing, the licensee shall be entitled to be represented by counsel,and shall be given full opportunity to show cause why its license shall not be revoked or suspended. (3603-6/03) 5.08.340 License-Tax—A debt. The amount of any license tax and penalty imposed by the provisions of this title shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent license tax and penalties' (3603-6/03) 5.08.350 Remedies cumulative. All remedies prescribed hereunder shall be cumulative and the use of one or-more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (3603-6/03) 5.08.360 .Zoning and other regulations. No license shall be issued to any person failing to present all appropriate zoning permits, or.who has failed to comply with any other provision of this code. (3603-6/03) 5.08.370 ViolationPenalty. Any person violating this chapter shall be guilty of a MISDEMEANOR,punishable by a fine of one-thousand dollars($1,000) or by imprisonment in the county jail fora period not to exceed six (6) months, or by both such fine and imprisonment. (3603-6/03) legisdrft/new finance mc5081d 7 ORDINANCE NO.J S _ LEGISLATIVE DRAFT Chapter 5.16 RATES (3274/29,766-7/60, 838-6/61,904-6/62, 1461-2/69, 1604-10/70, 1605-10/70,1652-9/71,2022-1/76, 2594-2/83, 2784-9/85, 2965-10/88,3100-5/91,3116-6/91,3161-8192, 3241-10/94, 3603-6/03) Sections: 5.16.010 Rates per employees 5.16.020 Rates per employees--Minimum license 5.16.030 Application for reclassification--Action 5:16.040 License classifications designated 5.16.050 Flat rate payment code letters ' 5.16.060 Advertising 5.16.070 Amusement activities 5.16:080 Auctioneer 5.16.090 Bankrupt sale 5.16.100 Bath 5.16.110 Circus 5.16..120 Contractors without a fixed place of business within the City 5.16.130 (Repealed Ordinance 3603-6/03) 5.16.140 House moving 5.16.160 Junk collector 5.16.170 Junk dealer and auto wrecking 5.16.180 Music or fine arts teacher 5.16.190 Office building 5.16.200 Oil business--Nonproduction 5.16.210 Outdoor theaters 5.16.220 Pawnbroker. 5.16.230 Peddler 5.16.240 Public dance hall, dinner dancing place, and public dance place 5.16,250 Public utilities 5.16.260 Rooming house, apartment house, motel,bungalow or auto court 5.16,270 . Skating rink 5.16.280 Small stands and businesses--Temporary and permanent 5.16.290 Telephone solicitor or canvasser 5.16.300 Soliciting on streets for hotels or dining rooms 5.16.310, Stockyard auction 5.16.315 Swap Meets 5.16.3-17 Events 5.1-6.320 Trailer parks 5.16.330 Transportation, trucking and hauling--Established place of business 5.P6.340 Tiansportation, trucking or hauling--No business location 5.16.350 Transportation, trucking or hauling--Exceptions from fee 5.16.360 Transportation, trucking or hauling--Dump and tank trucks 5.16.370 Truck rental or leasing _ 5.16.380 Passenger vehicle rental or leasing _• 5.16.390 Trailer rentals 5.16.400 Transportation--Water 5.16.410 Vending, bulk-vending and amusement machines 5.16.420 Water companies MC05-16LD 1 5.16.010 Rates per employees. The following rates shall apply to business licenses: First three employees $ 75.00 4 through 12 employees,per employee $ 4.00 13 through 52 employees, per employee $ 3.00 All other employees in excess of 52 employees;per employee $ 2.00 (766-7/60, 904-6/62,,1605-10/70,2022-1/76,2965-10/88,3100-5191,3161-8/92,3603-6/03) 5.16.020 Rates per emplo e�Minimum license. The minimum license in each classification shall he$75.00 per year. In any case where a licensee or an applicant for a license believes that this individual business is not assigned to a proper classification under this chapter because of circumstances peculiar to it, he may apply to the Gity Treasurer Finance Director for reclassification. Such application shall contain such information as the Gity T--oas„ro,-Finance Director may deem necessary and require in order to determine whether applicant's individual business is properly classified. The City T,- Finance Director shall then conduct an investigation, following which he or she shall assign the applicant's individual business to the classification shown to be proper on the basis of such investigation. (766-7/60, 904-6/62, 1605-10/70, 2965-10/88, 3100-5/91, 3161-8/92,.3603-6/03) 5.16.030 Application for reclassification--Action. The'Gity Treasurer-Finance Director shall notify the applicant of the action taken on the application for classification. Such notice shall be given by serving it personally or by depositing it.in.the United States post office at Huntington Beach,California, postage prepaid, addressed to the applicant at his or her last known address. (766-7/60, 904-6/62, 1605-10/70, 3603-6/03) 5.16.040 License classifications designated. Every person described in the following classifications who engages in business within the City shall pay a license tax based upon the average number of employees at the rates hereinafter set forth: (a) Classification A. Abstractor of titles Construction engineer Accountant Consulting engineer Accounting service Dancing academ Advertising agent Dealers in"stocks,bonds and other securities Agricultural advisor or counselor Dental laboratory Appraiser Dentist Aquarian chirothessian Designer Architect Detective Assayer Detective agency Attorney at law' Draftsman Auctioneer Drugless practitioner Auditor Electrical engineer Bacteriologist Electrolo 'st Bail bond broker Employment a enc or bureau Barber shop Fine arts or music school Beauty shop Geologist Business management consultant Herbalist Certified public accountant Industrial relations consultant Chemical engineer Insurance adjuster Chemist Interior decorator Child nurseries (9 children or more) Investment counselor Chiropodist Labor relations consultant Chiropractor Landscape architect ' MC05-16LD 2 - Civil Engineer Lapidary Claim adjuster Mechanical engineer Mortician Real estate office Naturo ath Oculist Stocks and bonds broker Optician Surgeon Optometrist Surveyor Oral surgeon ; Taxidermist Orchard care Trade or business school Osteopath physician Tree remover Physician . Tree surgery Physician and surgeon Tree trimrnin Private home f6r the aged(7 persons or Veterinarian more Real estate broker and any other:business of a professional nature where the principal business activity is the furnishing of services and where such business is not specifically listed in some other classification or section of this chapter will be classified in the above category. (b) Classification B. Any person who is licensed as a general building, general engineering or specialty contractor. (e) Classification C. Any person conducting, managing or carrying on a business consisting mainly of manufacturing, packing, processing, carrying or selling at wholesale any goods, wares,merchandise, or produce, comes under this classification. (d) Classification D. Any person conducting, managing or carrying on a business consisting mainly of selling at retail any goods, or conducting and maintaining a recreation park or amusement center under one general management, or business not otherwise specifically licensed by other sections of this chapter comes under this classification. (327-4/29,766-7/60,838-6/61,904-6/62, 1605-10/70, 3603-6/03) 5,16.050 Flat rate payment code letters. Every person transacting and carrying on the businesses herein enumerated shall pay a license tax as hereinafter set forth. The tax and the duration of the license shall be annual, quarterly, monthly, weekly or daily as indicated in this section. The letter "'A" following the fee shall indicate an annual fee; the letter "D" shall indicate daily fee; the letter "M" shall indicate monthly fee; the letter "Q" shall indicate quarterly fee; and the letter"W" shall indicate weekly fee. All amounts shown are in dollars. (766-7160, 904-6/62) 5.16.060 Advertising. The fees for advertisers shall be as follows: (a) By distributing samples or handbills, provided that this section shall not $75.00 A apply to any person, employee, agent or representative of any person who already has a City license as provided elsewhere in this chapter (b) " By sign or,bill posting, sign erection or installation, or any form of $112.50 A outdoor advertising as defined by the Huntington Beach Municipal Code (3603-6/03). - (c) By vehicle containing amplifier, phonograph, loudspeakers, etc for each vehicle $112.50 A Or at the option of the licensee, for each vehicle $49.50 D. MC05-16LD 3 If any such vehicle is used by a City licensee to advertise solely his or her $58.00 A own business and such vehicle is regularly registered and licensed by the state to such licensee, then the fee for each such vehicle Or at the option of the licensee, for each such vehicle $40.00 D (d) By means of stereopticon, biograph, moving pictures similar device (not $225.00 A moving picture theaters) used outdoors Or, used indoors $112.50 A (766-7/60,838-6/61,904-6162, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.070 Amusement activities. License fees are imposed for amusement activities as follows:. (a) For any bowling alley, the first six lanes, a minimum fee of$327.50 per $58.00 A year,for each lane over,six (6) (b) For boxing or wrestling exhibitions per exhibition $58.00 D (c) Carnival, tent show or open-air show in hall or building constructed for $187.50 D theatrical purposes . In addition, for five concessions or less $66.00 D In addition, for each concession in excess of five $39.00 D (d) For each juke box, phonograph or motion picture or other type device $26.00 A operated by insertion of coin, per machine (e) The owner of'the business shall be held responsible for the full amount of the license fee if the operator, exhibitor, machine owner, lessee or other person has not paid the fee when due and payable. ` ' '(766-7/60, 904-6/62, 1604-10/70,2594-2/83,3100-5/91, 3161-8/92, 3603-6/03) 5.16.080 Auctioneer. For the business of licensed auctioneer or auction company whose permanent place of business, as filed with the California Auctioneer Commission, is located in the City of Huntington Beach, the fee shall be subject to rates per employees as detailed in section 5.16.010. (766-7/60,904-6/62, 1604-10/70, 2784-9/85) 5.16.090 Bankrupt sale. For the conducting, managing or carrying on the business of selling,. offering for sale or otherwise handling by special retail sale the stock in trade of any bankrupt or insolvent person, the fee shall be $58.00 D.. (3100-5/91, 3161-8/92) 5.16.100 Bath. For every person conducting, managing, or carrying.on the business of giving steam baths, electric light baths, shower baths, electric tub baths, sponge baths or operating any public bath which maintains in connection therewith a steam room, plunge, bath or sleeping accommodations,,the fee shall be $112.50 A. (766-7/60,904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.110 Circus. With seating capacity under four thousand, the fee shall be: First day $262.50 D Each additional day $187.50 D With seating capacity over four thousand, the fee shall be: First day $337.50 D Each additional day $187.50 D MC05-16LD 4 i , For every sideshow in conjunction with a circus,the fee shall be $49.50 D For every concession or carnival ride in conjunction with a circus, the fee shall be $40.00 D (766-7/60,904-6/62,1604-10/70, 3100-5/91,3161-8192, 3603-6/03) 5.16.120 Contractors without a fixed place of business within the City. Every-person engaging in business in this City as a general building, general engineering or specialty contractor may alternatively pay a license fee as indicated herein: General engineering and/or general building contractor $142.50 A Specialty, subcontractor, or other $90.00 A (766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92, 3603-6/03) 5.16.140 House moving. Every person engaged in house moving or wrecking of buildings and/or structures,.shall pay a fee of $112.50 A. (766-7/60, 904-6/62, 1604-10/70, 3100=5/91,3161-8192) 5.16.160 Junk collector. For every person conducting, managing or carrying on the business of junk collector, the fee shall be $187.50 A Or at the option of the licensee $40.00 D (766-7/60,904-6/62,1604-10/70,3100-5/91,3161-8192,3603-6/03) 5.16.170 Junk dealer and auto wrecking. For every person conducting, managing or carrying on the business of junk dealer or auto wrecker,the fee shall be (3603-6/03) $187.50 A 5.16.180 Music or fine arts teacher.- Every person engaged in the profession of teaching music, dance,.dramatics; art, designing, dressmaking,mechanics or any other trade or fine.art who has no regularly:established place of business where such teaching is carried on, shall pay a fee of $75.00 A. (766-7/60,904-6/62, 1604-10/70, 3100-5191, 3161-8/92, 3603-6/03) 5.16.190 Office�building. For every person conducting, managing or carrying on the business of operating an office building, for each office building therein the fee.shall be $32.50 A and for each unit/office $7.00 (1604-10/70,3100-5/91,3161-8/92,3603-6/03) 5.16.200 Oil business--Nonproduction. Every person conducting, managing, carrying on or engaging in, from a fixed place of business in the City, the business or activity of oil well, injection well, or water-source-well drilling or servicing operation, or refining oil or petroleum products and producing the byproducts, or marketing, selling or distributing at wholesale, oil or any petroleum products, or byproducts, or maintaining tankage or warehouse storage facilities where oil is kept for the purpose of wholesale distribution thereof,.shall pay a license tax in accordance with;section 5.16.010. Nothing in this section shall be deemed to.apply or relate to actual oil or gas'production operations. (1652-9/71) 5.16.210 Outdoor theaters. For every person conducting, managing or carrying on an outdoor theater where moving or motion pictures are exhibited the license fee shall be: MC05-16LD 5 ' Number of Stalls Fee per Year First 500 $337.50 All over 500 (per stall) 500 A separate license shall be obtained for snack bars, foodstands and other concessions. (766-7/60, 904-6/62, 1604-10/70,3100-5/91,3161-8/92) 5.16.220 Pawnbroker. Every person conducting, managing, or operating a pawnbroker business shall pay a fee of$487.50 A. (766-7/60,904-6/62, 1604-10/70,3100-5/91, 3161-8/92, 3603-6/03) 5.16.230 Peddler. Peddlers of flags,banners, balloons, cones,horns, kites, noise-making instruments, toys, notions, souvenirs or similar goods or novelties of any description other than from a stand, tent, wagon or other vehicle shall pay a fee of$17.00 D or by vehicle $97.50 A. Peddlers of any article or commodity not mentioned in this section, including every person, firm or corporation conducting the business of selling and delivering any goods for human consumption directly to the consumer thereof,by means of a regular system of delivery vehicles for the purpose of making sales and deliveries upon a fixed route, or in the case of food catering vehicles, from place to place, within this City shall pay a fee of$17.00 D or$97.50 A. The license tax prescribed by this section shall cover one person and in the case of route peddlers, one vehicle only and an additional like fee shall be paid for each.additional such person or vehicle so engaged. (1604-10/70,904-6/62,838-6/61,766-7/60,3100-5/91,3161-8/92,3603-6/03) 5.16.240 Public'dance hall, dinner dancing place, and public dance place. Every person conducting,managing or operating a public dance hall or dinner place shall pay a tax of $33730 A. Every person conducting, managing or operating a public dance shall pay a tax of $58.00 D. (3603-6/03) 5.16.250 Public utilities. Any public utility as defined by the PUC operating in the City under a franchise or franchises from the City, or applicable therein;,and which makes.franchise payments thereunder is subject to the provisions of this chapter'if it engages in retail merchandising, pursuant to section 5.16.040(D) not covered by the franchise in the City. (766-7/60, 904-6/62,1604-10/70,3603-6/03) 5.16.260 Rooming house, apartment house, motel, bungalow or auto court. For every person conducting,managing, or carrying on the business of operating an apartment house, rooming house, motel, bungalow court or auto court consisting of three or more rental units, the fee shall be$32.00 A and $7.00 per unit. (766-7/60,'904-6/62, 1604-10/70, 3100-5/91•, 3161-8/92) 5.16.270 Skating rink. For every person conducting, managing or carrying on any ice or roller, skating rink, enclosure or park, the license fee shall be $187.50 A. (766-7160,904-6/62,,1604-10/70,3100-5/91,3161-8/92) 5.16.280 Small stands and businesses--Temporary and permanent. Every person, not having a regularly established place of business in this City, who sells or offers for sale goods or articles of any description in his or her possession, or services, at, on or from a stand upon any public street, alley or public place, or in or from a doorway of any room or building, or unenclosed or vacant lot or parcel of land,which business is not otherwise licensed by the terms of this chapter shall pay a fee of,$75.00; or, at the option of the licensee, $17.00 D. (766-7/60, 1604-IG/70,3100-5/91,3161-8/92, 3603-6/03) y 5.16.290 Telephone solicitor or canvasser. For every person conducting, managing, carrying on or engaging in the business of telephone solicitation or canvassing for each such person employed or so engaged-, the.fee shall be$49.00 D. (766-7/60, 838-6/61, 904-6/62, 1604-10/70, 3100-5191, 3161-8192, 3603-6/03) MCOS-16LD 6 i 1 5.16.300 Soliciting on streets for hotels or dining rooms. For every person conducting, managing or carrying on the business of soliciting customers, or patronage upon any public street, alley or other public place, for any hotel, inn, rooming house, lodging house, apartment house, restaurant, dining room or house or place where meals or board or lodging are furnished for compensation; the fee shall be$112.50 A. (766-7/60, 904-6/62,.1604-10/70, 3100-5/91,3161-8/92) 5.16.310 Stockyard auction. For every person conducting, managing or carrying on any stockyard, sales,stable or corral where horses, cattle,goats, sheep, mules and other livestock are bought, sold or exchanged at public auction, the license fee shall be$187.50 A. (1604-10/70, 3100-5/91, 3161-8/92) .5.16.315 Swap meets. The operators and exhibitors shall pay a business license tax according to . the provisions of;this section (1) Indoor Swgp Meets Indoor swap meets, because of.their unique character and location, will have rates established individually by City Council action. (2) Outdoor Swap Meets (a) Every operator shall pay a business license tax,based upon the following table: Stalls/Booths Annual 0 -50 $300 51 100 $400 101 -200 $500 over 200 $600 (b).Each exhibitor will be required to have a regular business license after participating eight(8) times at the swap meet. (3241-10/94, 3603-6/03) 5.16.317 Events.' Any person conducting, organizing promoting or operating an event is required to obtain a business license. A list of tentative exhibitors and service providers must accompany the application for business license. (a) Every operator shall pay a business license tax based on the number of exhibitorsibooths according to the following table: Exhibitors/Booths 30 Days or Less Annual 0-3 booths: $75.00 $100.00 4-10 booths: $100.00 $150.00 11-25 booths: $150.00 $200.00 26-50 booths: $200.00 $300.00 5 1-100 booths: $300.00 $400.00 101-200 booths: $400.00 $500.00 Over 200 booths: $500.00 $600.00 (b) Blanket license. The operator may elect to obtain a blanket business license to cover all service providers at the event,provided that such persons do not have a fixed place of business within this City and do not have an annual license with the City as provided elsewhere by the title. The tax for a blanket license is based on the number of service i MC03-l6LD 7 i providers:employed for a fee to provide services at the event, according to the following table: 1 —3 service providers: $75.00 4— 10 service providers: $100.00 11 15 service providers: $150.00 16 —20 service providers: $200.00 21 —25 service providers: $250.00 26—3';0 service providers: . $300.00 31 —40 service providers: . $400.00 41 —5.0 service providers: $500.00 Over 50 service.providers: $600.00 The.tax for the blanket license shall be in addition to the tax for the operator's business license for the event. (c) Payments and application. All applications must be submitted at least 14 days prior to the day of the event to allow time for.processing. Payments received under-21 days must be made,by money order, cash,.check(drawn on local bank only) or cashier's check made payable to'the City of Huntington Beach. (d) Records: Each operator shall.keep full and accurate records of receipts and stall rentals to exhibitors in connection with the operation of the meet. The City,by and through its authorized officers shall have the right to examine and audit such records, including "records-of any bank accounts, at any reasonable time, and operators shall cooperate fully with the inspection of them. Such records shall include,but are not limited to, the total number of stall rentals from each day, as well as whatever records are necessary in order to provide the city any required information pursuant to this section. (3241-10/94, 3603-6/03) 5.16.320 Trailer parks. For every person conducting, managing or carrying on the business of trailer park or mobilehome park the license.fee shall be$112.50 annually for the first twenty-five (25) trailer spaces and$7.00 for each additional trailer space. (766-7/60, 838-6/61,,904-6/62, 1604-10/70,3100-5/91,31.61-8/92) 5.16.330 Transportation, trucking and hauling--Established place of business. Every person engaged in the business; in whole or in part, of using or operating any motor vehicle in. connection with the conduct of their business, for the transportation of any goods, wares, . merchandise, products of any nature; raw materials, pipe or castings, tanks or machinery or tools of any description, when said person has an established place of business within the City, shall pay an annual license tax in accordance with the following schedule for each and every motor vehicle so used or operated in excess.of one vehicle: for vehicles with a manufacturer's,rated capacity of under one ton $12.06 A for vehicles;with a manufacturer's rated capacity of under three tons,but one ton or over $35.00 A for vehicles:with a manufacturer's capacity of three tons or over $46.00 A (766-7/60, 838-6/61,1904-6/62, 1604-10/70, 3100-5191, 3161-8/92, 3603-6103) 5.16.340 Transportation, trucking or hauling--No business location. Every person engaged in the -business, in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, and who uses the public streets or highways of this City for the purpose of such use or operation for the delivery or transportation of any goods,wares, merchandise, products of any nature, raw materials, waste materials, pipe or casting, tanks,. MC05-16LD 8 - machinery or tools of any description or in connection with rendering services for fees, when said person does not have an established place of business within this City, shall pay an annual license fee of$75 for each and every vehicle so used or operated other than those vehicles described in sections 5.16.330 and 5.16.350. (766-7/60, 838-6/61,904-6/62, 1604-10/70,3161-8/92) 5.16.350 Transportation, trucking or haulin - E cgptions from fee. No fee hereunder shall be' required for the operation of any motor vehicle or equipment along the streets of this City if such operation is merely occasional or incidental to a business conducted elsewhere; provided, however, that no operation shall be deemed merely occasional if trips or hauls are made beginning or ending at points within this City upon an average of more than thirteen in any quarter of the year. More than thirteen such trips or hauls within any quarter shall be deemed doing business within this City. A business shall be deemed conducted within this City if an office or agency is maintained here or if transportation business is solicited here. (766-7/60, 838-6/61, 904-6/62, 1604-10/70) 5.16.360 Transportation, trucking or hauhng Dump and tank trucks. Every person engaged in the business, in whole or in part, of using or operating motor vehicles for the transportation, hauling or delivery or removal of crude oil, petroleum products or petroleum byproducts in any form, rotary mud, sand, dirt fill, asphalt, water, machinery of any description, or any other articles or commodity not classified in sections 5.16.330 and 5.16.340, who uses the public streets or highways of this City for the purpose of such use or operation, who is not required to pay the license or fees as set forth in sections 5.16.330 and 5.16.340, shall pay an annual license fee based upon each motor vehicle so used or operated as follows: (a) For each Dump Truck $75.00 A for each additional trailer or wagon with single rear axle $49.00'A for each additional trailer or wagon with dual rear axle $49.00 A, (b) For,each Tank Truck or Tank Wagon. $97.50 A (semi-tractor and front trailer as one tank truck or tank wagon). for each additional-wagon or trailer $23.00 A (766-7/60; 838-6/61,�904-6/62, 1604-10/70,•3100-5/91, 3116-6/91,3161-8/92,3603-6/03) 5.16.370 Truck rental or leasing. .(a) Every person,conducting, managing or carrying on the business of renting or leasing the use of any truck or motor-propelled vehicle for the transportation of materials, commodities or products, or the transportation of any other object,to be driven by the person or employees or other representative of the person hiring the same at rates per mile,per trip,per hour, per day, per week, per month, per year or any greater period of time, and the truck or vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of $75.00 plus t3.00 for each truck or vehicle over one used in the business. (b) In the case of persons operating trucks or vehicles in this City,within the meaning of sections 5.16.330 through 5.16.350, when such truck or vehicle has been rented from a truck rental business or agency, the person having rented or hired such truck or vehicle shall pay the license fee prescribed in sections.5.16.330 through 5.16.350, whichever is applicable, and the person in the business of renting or leasing such truck or vehicle to the renter or lessee shall not be required to pay an additional fee for each such truck or vehicle so rented or leased over one used in the business. (766-7/60,838-6/61,904-6/62, 1604-10170,3100-5/91,3161-8/92) 5.16.380 Passenger vehicle rental or, leasing: Every person conducting, managing or carrying on the business of renting or leasing the use of any motor-propelled vehicle for the transportation of persons to be driven by the person or employee or other representative of the person hiring, MCOS-16LD 9 renting or leasing the same at rates per mile,per trip, per hour,per month,per year or any greater period of time, and where such vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of$75.00 plus $11.50 for each vehicle over one used in the business. Provided that where a person conducts, manages or carries on the rental or leasing of both trucks and passenger vehicles'as one and the same business, from the same place of business, the payment of only one annual license fee of$75.00 will be required in addition to the prescribed fees fo'r each vehicle over one used in the business. (766-7/60, 904-6/62,�1604-10/70,3100-5/91, 3161-8/92) 5.16.390 Trailer rentals. Every person conducting, managing or carrying on the business of renting the use of trailers designed to be attached to motor-propelled vehicles shall pay an annual license fee of$75.00 plus $2.00 per wheel for all trailers used in the business. (766-7/60, 904-6/62, 1604-10/70,3100-5/91,3116-6/91, 3161-8/92) 5.16.400 Transportation--Water. Every person engaged in the business, in whole or in part,.of using or operating any boat or barge in connection with the conduct of their business for the transportation or accommodation of passengers, whether fee for such transportation or accommodation is paid directly or indirectly, or for the transportation of any goods;wares, merchandise, products of any nature, raw materials, waste materials,pipe or castings, tanks or machinery or tools of any description,.shall pay an annual license fee in accordance with the following schedule: For the first vessel $75.00 A For each and every vessel so used or operated in excess of one vessel: less than sixteen feet in length $40.00 A sixteen feet or over but less than twenty-six feet in length $49.00 A twenty-six feet or over but less than forty feet in length $58.00 A forty feet or over in length $66.00 A (904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.410 Vending,bulk-vending and amusement machines. (a) Every person owning, conducting, transacting, managing, operating or carrying on the . business of providing, furnishing, letting the use of, distributing or maintaining any vending machine, bulk-vending machine and/or amusement machine, as defined in this title, and not prohibited bylaw, shall pay an annual license fee in accordance with the following schedule: (1) Vending Machines and Service Machines: $11.50 A " Plus for each machine charging 1¢ to and including 4¢ $ 2.50 A for each machine charging 5¢ to and including 9¢ $ 7.00 A for each machine charging 10¢ and over. $ 14.00 A for each cigarette vending machine $ 29.00 A Stamp-vending machines dispensing United States postage stamps for mailing purposes are hereby exempt from the terms and provisions hereof. (2) Bulk-vending Machines _ $ 11.50 A " plus for each machine charging 1¢ to and including 4¢ $ 2.50 A for each machine charging 5¢ to and including 9¢ $ 4.50 A " for each"machine charging 10¢ or over $ 7.00 A MC05-16LD- 10 .. (3) Amusement Machines: for each pinball machine. $ 50.00 A for each;pool/billiard machine $ 5000 A for all other amusement machines $ 50.00 A (b) In the event any license fee provided by this section on any vending or bulk-vending machine is not paid when due and payable, the owner of the business on whose business premises such vending or bulk-vending machine is located, shall be jointly and severally liable to pay the full amount of such license fee. (c) A person having a business license in connection with a fixed place of business in this City is not exempt from payment of license fees otherwise imposed by this chapter.. (d) A minimum annual license fee of$337.50 shall be paid by each game arcade, amusement center room,business or parlor containing an aggregate of four or more pool tables, billiard tables, pinball machines, electronic video screen game machines, and/or other amusement devices. TheTees levied under this section shall be credited toward such minimum. (2594-2/83, 1461-2/69, 904-6/62, 838-6/61, 766-7/60, 3100-5/91, 3161-8/92, 3603-6/03) 5.16.420 Water companies. An annual fee of$32.00 and 85¢ per customer for the maximum number of customers at one time during the preceding calendar year. (766-7/60, 904-6/62,!1604-10/70, 3100-5/91, 3161-8/92) I i MC05-16LD 11' ORDINANCE NO. 3 7 �� LEGISLATIVE DRAFT Chapter 5.70 SEX ORIENTED BUSINESSES (2523-12/81,Urg.Ord. 3341-10/96,3431-7/99,3470-11/00) Sections: 5.70.05 Purpose 5.70.01.0 Defnitions 5.70.015 Statements And Records 5.70.020 Permit Required 5.70.030 Application For.Sex Oriented Business Permit 5.70.035 Sex Oriented.Business Permit Issuance 5.70.040 Sex Oriented Performer Permit 5.70.045 Sex Oriented Performers Permit Issuance 5.70.050 Applicant To Appear 5♦70.055 Repealed'-.Ord. 3431 - 7/99 .5.70.060 Repealed - Ord. 3431 7/99 5.70.065 Repealed- Ord. 3431.- 7/99 5.70.070 Permit Renewal 5.70.080 Permits Nontransferable 5.70.090 Sex Oriented:Businesses--Change Of Location Or Name 5.70.095 Sex Oriented Performer--Change Of Location Or Name 5.70.100 Sex Oriented Business Standards Of Operation 5.70.110 Inspections 5.70.115 Revocation of a Sex Oriented Business Permit 5.70.120 Revocation of a Sex Oriented Performer Permit 5.70.130 Regulations Nonexclusive 5.70.140 Violation--Penalty 5.70.150 Unlawful Operation Declared Nuisance 5.70.160 Minors And Intoxicated Persons 5.70.170 Employment Of Persons Without Permits Unlawful 5.70.180 Severability 5.70.05 Purpose. The intent of this ordinance is to regulate.businesses which, unless closely regulated, tend to have serious secondary effects on the community, which effects include,but are-not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of Sex Oriented Businesses; interference with residential properly owners enjoyment of their property when such property is located in the vicinity of Sex Oriented Businesses as a result of increases in crime, litter,noise and vandalism; higher crime rates in the vicinity of Sex'Oriented Businesses; and blighting-conditions such as low level maintenance of commercial premises and parking lots, which thereby haven deleterious effect upon adjacent areas. Special regulation of these businesses is necessaryto prevent these adverse effects:and the blighting or degradation of the neighborhoods in the vicinity of the Sex Oriented Businesses. (Urg.3341-10196) It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the content of any communicative,material. Similarly, it is neither the intent nor the e0ect of this Chapter to restrict or deny access by adults to Sex Oriented Materials or to deny'-access by the distributors or exhibitors.of Sex Oriented Businesses to their intended market. (Urg:3341-10/96) Nothing in this Chapter is intended to authorize, legalize or permit the establishment,;operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public Misplay thereof. (Urg. 3341-10/96) . kgisdrft/new finance/mc0570 ] 5.70.010 Definitions. i (a) Cabaret. "Cabaret" means a nightclub, theater or other establishment which regularly features live performances distinguished or characterized by an emphasis upon specified sexual activities or specifies anatomical areas. (Urg.3341-10/96,3431-7/99) (b) Chief of Police. "Chief of Police"means the Chief of Police or his or her designee. (Urg. 3341-10/96) (c) Distinguished or characterized by an emphasis upon. Distinguished or characterized by an emphasis upon" means and refer to the dominant or essential theme of the object described by such phrase. For instance; when the phrase refers to films"which are distinguished or characterized'by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical.areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or, anatomical areas. See Pringle v. City of Covina, 115 Ca1.App.3 151 (1981). (Urg.3341-10/96) (d) Encounter Center. "Encounter center" or "rap studio" means any business, agency or person who, for any form of compensation, consideration or gratuity, regularly provides a place where two or more,persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing specified sexual activities, or exposing specified anatomical areas. (Urg.3341-10/96,3431-7/99) (e) Entertainment. "Entertainment"shall mean any human body.activity in a Sex--Oriented` Business, whether performed alone or with other persons,including but not limited to singing, speaking, dancing; acting, posing,modeling,simulating.sexual activity,wrestling, pantomiming, or the public display of specified anatomical areas for the purpose of holding or gaining the attention of, diverting or amusing guests or patrons. "Entertainment" shall be synonymous with"performance:" (3470-11/00) (f) Permit holder or Permittee. "Permit holder" or "Permittee" shall refer to the person or entity to whom the permit is issued and shall include, but not be necessarily limited to the foll0Wing: (Urg.3341-10/96,3431-7/99,3470-11/00) (1) the sole proprietor of a Sex Oriented Business; (Urg.3341-10/96,3431-7/99,3470-11/00) (2) the partnership owning'a Sex Oriented Business, and each of the partners; or (Urg. 3341-10/96,3431-7/99,3470711/00) (3) the corporation owning a Sex Oriented Business and each of its officers and directors, but not individual shareholders. For purposes of this Chapter, "corporation shall also include not-for-profit corporations and limited liability corporations. (Urg.3341-10/96, 3431-7/99,3470-11/00) (g) Operator: The permitee or the owner(s); the manager(s), as identified by the permittee, as identified by the manager him or herself or by the employees; or the person, who at any given time, is primarily responsible for the operation of the business. (3470-11/00) (h) Performer. "Performer" means any person who dances,models, engages in entertainment, and/or performs specified sexual activities or displays specified anatomical areas.in a sex oriented business. Performer shall include persons engaged in or providing entertainment whether they;are employees or independent contractors of a sex oriented business and whether or not they entertain with or without compensation or other form of consideration, and whether clothed or unclothed. (3431-7/99,3470-11/00) (i) Regularly Features. "Regularly features" with respect to'a Sex Oriented theater or Sex Oriented cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of legisdrft/new finance%=0570 2 specified anatomical areas or specified sexual activities occur on two (2) or more occasions within a thirty (30) day•period;three (3) or more occasions within a sixty(60) day period;or four(4)or more occasions within a.one hundred and'eighty(180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. (Urg.3341-10/96,343177/99,3470-11/00) (j) Seminude: "Seminude" means a state of dress in which clothing covers no more than the genitals,pubic region,buttocks; areola of the female breast,as well as portions of the body covered by supporting straps or devices. (Urg.3341-10i96,3431-7/99,3470-11/00) (k) Sex Oriented Bookstore. "Sex Oriented bookstore" means an establishment having as a regular and substantial portion of its stock, revenue, interior business or floor space for display or distribution in trade, books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or,-specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material_ (Urg.3341-10/96,3431-7199, 3470-11/00) (l) . Sex Oriented Business. "Sex Oriented Business" means any business establishment or concern which as a regular and substantial course of conduct performs or operates:as a Sex Oriented Bookstore, Sex Oriented Theater, Sex Oriented Motion Picture Arcade; Cabaret, Encounter.Center,Sex.Oriented.Motel/Hotel, or sells, displays or distributes Sex Oriented Merchandise or Sex Oriented.Material, or any other business or concern which as a regular and substantial portion of its business offers to its patrons products,merchandise; services or entertainment which are:distinguished or characterized by an emphasis on matter,depicting, describing or relating to specified sexual activities or specified anatomical areas but not including those uses or activities; the regulation of which-is preempted by state law. "Sex Oriented Business" shall also include any establishment which as a regular and.substantial course of conduct provides,or allows performers,models, or employees to appear in any public place in lingerie to a point where specified anatomical parts are exposed. As used in this chapter;the terms "regular and substantial'course of conduct" and "regular and substantial portion of its business" shall mean any Sex Oriented Business where one or more of the following conditions exist: (Urg.3341-10/96,3431-7/99,3470-11/00) (1) The area(s) devoted to the display of sex oriented merchandise and/or sex oriented material' exceeds twenty-five (25%)percent of the total stock, inventory, interior business display or floor space, total display area of the business; or (Urg.3341-10/96,3431-7/99,.3470-11/00) (2) A business or concern which presents any type of live entertainment which is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities and which occurs on two (2) or more occasions within'a thirty (30) day period; three (3) or more occasions within a sixty(60)day period; or four(4) or more occasions within a one hundred and eighty(180.) day period, shall to the extent permitted by law be deemed to be a regular and substantial`course of conduct. (Urg.3341-10/96,3431-7/99,3470- 11/00) I i .(3) At least twenty-five percent (25%) of the revenue of the business is derived from the sale-, trade,.display or presentation of services, products, or entertainment which;are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical areas. (Urg.3341-10/96,3431-7/99,3470-11100) (in) Sex Oriented Hotel/Motel. "Sex Oriented Hotel/Motel" means a hotel or motel, which (Urg. 3341-10/96,3431-7199, 3470-11/00) + I 11/00 i legisdrft/new financeftc0570 3 - I I 5.70.010(mx1)-5.70.010(s)(2) Huntington Beach Municipal Code (1) as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed circuit television,video recorders or players or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; and/or (Urg.3341-10/96,3431-7/99,3470-11100) (2) rents, leases, or lets any room-for less than a ten(10) hour period, or advertises the provision of sexually,explicit material. See Sex Oriented Business for definition of- "regular and substantial course of conduct." (Urg.3341-10/96,3431-7/99,3470-11/00) (n) Sex Oriented Material. "Sex Oriented Material" means any Sex Oriented Merchandise, or any book, periodical, magazine,photograph, drawing,i sculpture, motion picture film, video tape recording, or other visual representation, characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. (Urg.3341-10/96„3431-7/99,3470-11/00) (o) Sex Oriented Merchandise. `'Sex Oriented Merchandise" means sex oriented implements or paraphernalia, such as,but not limited to: dildos, auto sucks, sex oriented vibrators;edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and/or battery operated vaginas, and similar sex oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. (Urg:3341-10196,3431-7/99,3470-11/00) (p) Sex oriented'mini-motion picture theater. "Sex Oriented mini-motion picture theater..." means an enclosed building with a capacity for less than fifty(50)persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (Urg.3341-10/96,3431-7/99,3470-11/00) (q) Sex Oriented motion picture arcade. "Sex Oriented motion picture arcade"means any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled still or-motion picture machines,projectors or other image-producing devices are maintained.to show images to five(5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or, characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. (Urg.3341-10/96,3431-7/99,3470-11/00) (r) Sex Oriented motion picture theater. "Sex Oriented motion picture theater" means an enclosed building with a capacity of fifty(50) or more persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing.or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (Urg.3341-10/96,3431-7199,3470-11/00) . i (s) Specified sexual activities. "Specified sexual activities"°means any of the following: (Urg. 3341-10/96,3431-7/99,3470-11/00) (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal' I copulation,bestiality, masturbation, including masturbation with the use of inanimate objects, flagellation or torture in the context of a sexual relationship, or the use.of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anal ingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, urophilia, zooerasty, zoophllla. (Urg.3341-10/96,3470-1 v00) I (2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; (Urg.3341-10/96) legisdrft/new finance/mc0570 4 I 11/00 Huntington Beach Municipal Code 5.70.010(sX3}-5.70.020(b) (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;. or (Urg.3341:-10/96) (4) Actual or simulated fondling, erotic or sexually touching of human genitals,pubic region, buttocks, cleft of the buttocks, female breast; or anal region. (Urg.3341-10/96,3470- 11/00) (5) Masochism, erotic or sexually oriented torture,beating or the infliction of pain; or (urg. 3341-10196) (E) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or (Urg.3341-10/96) .(7) Human excretion, urination, menstruation, vaginal or anal irrigation. (Urg.3341-10/96) (8) Striptease, or the removal of clothing, or the wearing of transparent or diaphanous . clothing, including models appearing in lingerie; to the point where specified anatomical areas are exposed. (Urg.3341-10/96,3431-7/99) (t) Specified anatomical areas. '.'Specified anatomical areas"means any of the following: (urg. 3341-10/96,3431-7/99,3470-11/00) (1) Less than completely and opaquely covered human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areola; or (urg: 3341-10/96) (2) Human;male genitalia in a discernibly turgid state, even if completely and opaquely covered. (urg.3341-10/96) (3) Any device, costume, or covering that simulates any of the body parts included in subdivisions (1) and (2) above: (urg.3341-10i96) 5.7Q.015 Statements and records. Person(s)required to obtain a Sex Oriented Business Permit shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, services or entertainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. (urg. 3341-10/96,3431-7/99) Such records shall be maintained for a period of at least three(3)years. (urg.3341-10/96) No person required to keep records under this section shall refuse to allow authorized representatives of the City mr-eas ref Finance Director or his/her designee to examine-said records at reasonable times and places. (urg.3341-10/96) 5.70.020 Permit required. (a) No person, association,partnership or corporation shall own, operate, engage in,.conduct or carry on, in or upon any premises within the City of Huntington Beach any"Sex'Oriented Business", defined in this chapter, without a Sex Oriented Business Permit and a business license from the City of Huntington Beach, (urg.3341-10i96,3431-7/99) (b) To obtain a'permit to own;operate, engage in, conduct or carry on any Sex Oriented Business, the Owner shall make application to the Chief of Police, on a form provided by the Chief of Police. Prior to submitting such application, a non-refundable fee, established! by resolution of the City Council, shall be paid-to the City to defray, in part, the cost of investigatibn and report required by this chapter. The receipt, or a copy thereof, shall be legisdrft/new finance/mc0570 5 . j supplied to the Chief of Police at the time such application is submitted. (urg.3341-10/96, 3431-7199) 11/00 5JU20(c)-5.70.030(a)(9) Huntington Beach Municipal Code (c) The application for Permit does not authorize the engaging in, operation of,conducting of; or carrying on of any Sex Oriented Business. (Urg.3341-10/96,3431-7/99) (d) Only the Owner of the Sex Oriented Business is eligible to obtain a Sex Oriented Business Permit. (Urg.3341-10/96,3431-7/99) (e) The Owner shall post the Permit conspicuously in the Sex Oriented Business Premises. (urg. 3341-10/96,3431-7/99) (f) The fact that.an Owner.has other types of state or City permits or licenses does not exempt the Owner from the requirement of obtaining a Sex Oriented Business Permit. (3431a/99) 5.70.030 Application for Sex Oriented Business Permit. Each application for a Sex Oriented .- Business permit'shall contain the following.information: (Urg.3341-10/96) (a) Owner Inforiilatlon (Urg.3341-10/96,3431-7/99) (1) The full;true name and any other names;including aliases, used by the applicant. (urg. 3341-10/96) (2) The present business address and telephone number'of the applicant. (Urg.3341-10/96, 3431-7/99) (3) Acceptable written proof that the applicant is at least eighteen (18)years of age. (urg. 3341-10/96,3431-7/99) (4) The social security number and state driver's license or identification card of the applicant. (3431-7/99) (5) The applicant's fingerprints on a form provided by the Police Department and a color photograph clearly showing the Applicant's face. Any fees for the fingerprints or photograph shall be paid by the Applicant. (3431-7/99) (6) If the applicant intends to operate the Sex Oriented Business under a name other than that of the applicant the applicant shall file the fictitious name of the Sex Oriented Business and show proof of registration of the fictitious name. (Urg.3341-10/96,3431-7/99) (7) The business license history of the applicant and whether such applicant, in previous operations in this or any other city, state, or territory under license,has had such license or permit for a Sex Oriented Business or similar type of business revoked or suspended, the reason therefore and the business activity or occupation subsequent to such action of suspension or revocation. (urg.3341-10/96,3431-7/99) (8) All felony convictions of the applicant within the last five (5)years; all misdemeanor convictions within the last.two (2)years of the applicant of any of the offenses set forth in -California Penal Code Section 31-5, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now appear or may hereafter be amended or renumbered; or any offense requiring registration under California Penal Code Section 290, and the equivalent of.the aforesaid offenses outside of the State of California. (urg. 3341-10/96,3431-7199) t legisdrft/new finance/mc0570 6 -(9) if the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, evidence that the corporation is in good standing under the laws of the State of California, the name of the registered corporate agent and the address of the registered office for service of process, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners, and attached a copy of the partnership agreement. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the County Clerk. If one or more of the partners is a corporation, the.provisions of this subsection pertaining to corporations shall apply. The applicant . corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. .(Urg.3341-10/96,3431-7/99,347U-11/00) (b) Business Information (Urg.3341-10/96) (1) The name and address of the owner and lessor of the real property upon which the business is to be conducted. (urg.3341-10/96,3431-7/99) (2) A description of the type of Sex Oriented Business for which the Permit is requested and the proposed address where the Sex Oriented Business will operate, plus the names and addresses of the owners and lessors of the Sex Oriented Business site. (urg. 3341-10/96) (3) The address to which notice of action on the application is to be mailed. (Urg.3341-1106) (4) The name(s)of the responsible person(s) who will be on the premises to act as manager during the times that the business is open, or a statement that the applicant has not yet selected the manager(s). (3431-7/99) (5) A site plan.including floor plan, building elevations and parking lot diagram showing the interior and exterior configuration of the premises,including a statement of the total floor area occupied by the Sex Oriented Business. (Urg.3341-10/96,3431-7/99) (6) Any other similar permits obtained in other jurisdictions,including year of issuance and name of jurisdiction. (343.1-7/99) 5.70.035 Sex Oriented Business Permit Issuance. (urg.3341-10/96,3431-7/99) (a) Within.ten (10)business days of receipt of a completed application, as set forth in Section 5.70.030 and payment of the applicable fees, the Chief of Police shall issue a Sex Oriented Business Permit. However, issuance of the permit does not preclude revocation of the permit pursuant to Section 5.70.115. (Urg.3341-10/96,.3431-7/99) (b) No sex oriented business shall be issued a permit or permitted to operate within the City if any activity'within the establishment is prohibited by federal,state, or local law, provided' that the local law is not pre-empted. (3410-11/00) 5.70.040 Sex Oriented Performer Permit (urg.3341-10/96,3431-7/99) (a) 'All performers, as defined herein, must obtain a valid sex oriented performance permit from the City. (Urg.3341-10/96,3431-7/99,3470-11/00) (b) To obtain a;Sex Oriented Performer Permit, the individual shall make application to the Chief of Police on a form provided by the Chief of Police. Prior to submitting such application,:a non-refundable fee, established by resolution of the City Council, shall be paid' to the City to.defray, in part, the cost of investigation and report required by this chapter. legisdrft/new finance/mc0570 7 The report, or a copy thereof, shall be supplied to the Chief of Police at the time such application issubmitted. (Urg.3341-10/96,3431-7/99) (c) The application for a permit does not authorize the engaging in a performance of live performers depicting specified anatomical areas or involving specified sexual activities. (3431-7/99) (d) A Sex Oriented Performer engaged in live entertainment shall provide proof of a valid Sex Oriented Performer Permit upon demand of a police officer. Failure to provide proof shall be a violation of this Chapter. (3431-7/99) (e) The,fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining a Sex Oriented Performer Permit. (3431-7/99) (f) The completed application shall contain the following information and be accompanied by the following documents: (Urg.3341-10/96,3431-7/99) (1) The applicant's legal name and any other names(including "stage names" and aliases) used by the applicant; (Urg.3341-10196) (2) The applicant's height, weight, hair and eye color and date and place of birth; (urg. 3341-10/96;3431-7/99) (3) Present residence address and telephone number; (Urg.3341-10/96,3431-7/99) (4) All felony convictions of the applicant within the last five (5) years; all misdemeanor convictions within the last two (2)years of the applicant of any of the offenses set forth in California Penal Code Section 315,316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b), and 647(d) of the California Penal Code as those sections now appear or may hereafter be amended or renumbered, all offenses requiring registration under California Penal Code Section 290; and the equivalent of the aforesaid offenses outside of the State of California. (Urg.3341-10/96,.3431-7/99) (5) The social security number and state driver's license or identification number of the applicant. (Urg.3341-10196,3431-7/99) (6) Acceptable written proof that the applicant is at least eighteen (18)years of age; (Urg. 3341-10/961,3431-7/99) (7) The applicant's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; (Urg.3341-10196-1 3431-7/99) (8) The business address and telephone number where the performance will take place. (3431-7/99) (9) Any other similar permits obtained in other jurisdictions, including year of issuance and name of jurisdiction.. (3431-7/99) i 5.70.045 Sex Oriented Performers Permit Issuance. (Urg.3341-10/96,3431-7/0) Within ten (10)business days of receipt of a completed application, as set forth in Section 5.70.040 and payment of the applicable fees, the Chief of Police shall issue a Sex Oriented Performers Permit. However, issuance of the permit does not preclude revocation of the permit pursuant to.Section 5.70.120. (Urg.3341-10/96,3431-7/99) legisdrfUne.w finance* 0570 8 5.70.050 Applicant to appear. The applicant for a Sex Oriented Business Permit or a Sex Oriented Performers Permit shall.personally appear during normal business.hours at the Police Department of the City of Huntington Beach and produce proof that a non-refundable application fee, established by resolution of the City Council, has been paid and shall.present the application containing the aforementioned and described information. (urg.3341-10196,3431-7/99) 5.70.070 Permit renewal. Each Sex Oriented Business Permit and Sex Oriented Performers Permit shall expire one (1)year from the date of issuance. The applicant shall make application for renewal to the Chief of Police on a form provided by the Chief of Police accompanied by the renewal fee and a'copy of the Permit to be renewed. The request for renewal shall be made at least thirty(30) days before the expiration date of the Permit. When made less than thirty (30) days before the expiration date, the expiration of the Permit will not be stayed. (urg.3341-10/96, 3431-7/99) If the application conforms to the previously approved application and the Sex Oriented Business has not changed, the permit shall be renewed by the Chief of Police for another year. Notice of such renewal shall be given, in writing, to the permittee within ten (10)business days following the date of receipt of the completed renewal application. Any change or alteration in the location, nature:or operation of the Sex Oriented Business will require a new application to be processed in the same manner as the original applications. The renewal fee shall be established by resolution of the City Council. Applications for renewal shall be acted on as provided herein for action upon applications for Permits. .(urg.3341-10/96,3431-7/99) The applicant for`renewal of a Sex Oriented Business Permit or a Sex Oriented Performers Permit shall personally appear during normal business hours at the Police Department of the City of Huntington Beach and produce proof that a non-refundable application fee, established by resolution of the`City Council, has been paid and shall present the application containing the aforementioned and described information._ (3431-7/99) 5.70.080 Permits nontransferable. (a) No Sex Oriented Business permit maybe sold, transferred or assigned by a permittee, or by operation ofjlaw,to any other person or persons, Any such sale, transfer or assignment, or attempted sale,transfer or assignment, shall be deemed to constitute a voluntary.surrender of such permit and such permit shall thereafter be null and-void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire,by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit; and in such case,the permit, upon notification to the Chief of Police, shall be placed in the:. name of the'surviving partner. A Sex Oriented Business permit issued to a corporation shall be deemed terminated and void when there is a change in any officer or director: (urg. 3341-10/96,3431-7/99,3470-11/00) Any,change.in the nature or composition of the Sex Oriented:Business from one type of Sex Oriented Business use to another type of Sex Oriented Business use shall also render the permit null and void. (urg.3341-10/96) (b) No Sex Oriented Business Performer permit may be sold, transferred or assigned to any other person or persons. (3431-7/99) 5.70.000 Sex Oriented Businesses -- Change of location or name. (urg.3341-10/96) (a) No Sex Oriented Business shall move from the location specified on its permit until a change of location fee, established by resolution of the City Council, has been deposited with the city, and approval has been obtained from the Chief of Police. Such approval shall not be given unless all requirements and regulations, as provided herein for applications for permits, have been met. (urg.3341-10/96,3431-7/99) Iegisdrft/new,finance/mc0570 9 (b) No permit holder shall operate, conduct,manage, engage.in, or carry on a Sex Oriented Business under any name other than his name and the name of the business as specified on the applicable permit. (urg.3341-10/96,3431-7/99) (c) Any application for an extension or expansion of a building or other place of business where a Sex Oriented Business is located shall require inspection and shall comply with the provisions and regulations of this Chapter. (urg.3341-10/96) 5.70.095 Sex Oriented Performer--Change of location or name. No permit holder shall perform under any name other than the name specified on his or her permit in any other location other than the location specified on his or her permit. (3431-7/99) 5.70.100 Sex Oriented Business Standards of Operation. (urg.3341-10/96,3470-11/00) (a) Except as specifically provided in this Chapter, the Sex Oriented Business shall comply with the zoning,parking, development and design standards applicable to the zone in which the business is located. (urg.3341-10/96) (1) The Sex Oriented Business shall be conducted wholly within a building and shall not be located, in whole or in part, within any portable structure. (urg.3341-10/96) (2) All indoor areas of the Sex Oriented Business within which patrons are permitted, except restrooms, shall be open to view at all times. (urg.3341-10/96) . (b) General Provisions (urg.3341-10/96) (1) No Sex Oriented Material or Sex Oriented Merchandise shall be displayed in such manner as to be visible from any location other than within the premises occupied by the Sex Oriented Business. (urg.3341-10196) (2) No person under the age of 18 years shall be permitted within the premises at any time' except as pursuant to California Penal Code Section 313.2. (Urg.3341-10/96,3431-7/99) (3) The Sex Oriented Business shall not operate or be open between the hours of 2:00 a.m. and 11:00 a.m. (Urg.3341-10196,3431-7/99) j (4) The Sex Oriented Business shall provide and maintain separate.restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall -be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning-of the restroom facilities. The restrooms shall be free from all Sex Oriented;Materials and Sex Oriented Merchandise. Restrooms shall not.contain television monitors'or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not be applicable to a Sex_Oriented Business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as a Sex Oriented Bookstore, and which does not provide restroom facilities to its patrons or the general public. (Urg.3341-10/96) (5) The Sex Oriented Business shall not conduct, advertise, offer, or,solicit anymassage, acupuncture, figure modeling, piercing, tattooing, acupressure or escort services and shall noVallow such activities on the premises. (urg.3341-10196,3431-7/99) (c) Any Sex Oriented Business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or services supplied on the premises, shall conform to the following requirements: (Urg.3341-10/96) legisdrft/new finance/mc0570 10 (1) At least one security guard who shall possess a valid license from the State of California shall be on duty outside the premises,patrolling.the grounds and parking areas, at all times while the business is open. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this Chapter. Any security guard required by this subparagraph shall be uniformed in such manner so as to be readily identifiable as a security guard by the public. No security guard required pursuant to this subparagraph shall act as a door- person, ticket seller, ticket taker, or admittance person while acting as a security guard ' hereunder. (Urg.3341-10/96,3431-7/99) (2) Landscaping shall conform to the standards established for the zone, except that, if the 'Sex Oriented Business is the sole use on a lot, no planting shall exceed thirty(30) inches in height, except trees with foliage not less than six (6) feet above the ground. (Urg.3341-,10/96) (3) The entire exterior grounds, including the parking lot, shall be lighted sufficiently to permit the security personnel to observe activity on the grounds and within automobiles. (Urg.3341-10/96) (4) The premises within which the Sex Oriented Business is located shall provide sufficient sound absorbing insulation so that noise generated inside said premises shall not be audible'anywhere on any adjacent property or public right of way or within any other building or other separate unit within the'same building. (Urg.3341-10/96) (5) No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. (Urg.3341-10/96) (6) Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each.door used as an entrance%exit to the business. (urg. 3341-10/96) (d) The following additional regulations shall pertain to Sex Oriented Motion Picture Arcades which provide more than One viewing area: (Urg.3341-10/96) (1) Upon application for a Sex Oriented Business Permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty two (32)square feet of floor area with no dimension greater than eight (8) feet. The diagram shall also designate the place at which the Sex Oriented Business Permit and city business license will be conspicuously posted.' A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required;however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked'dimensions sufficient to show the various internal dimensions of all areas of the interior'of the premises to an accuracy of plus or minus six (6) inches. The Chief of Police shall waive the foregoing diagram for renewal applications if the Owner adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (Urg.3341-10/96) (2) No alteration in the configuration or location of a manager's station(s)may be made without the prior approval of the Chief of Police. (Urg. 3341-10/96,3431-7/99) (3) It shall be the duty of the Owner(s) to insure that at least one (1)employee is on duty and situated at each manager's station at all times that any patron is present inside the premises. (Urg.3341-10/96, 3431-7/99) legisdrft/new finance/mc0570 1 1 (4) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the.premises to which any patron is permitted access for any purpose excluding restrooms. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises;to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. (Urg.3341-10/96,3431-7/99) (5) It shall be the duty.of the Owner(s) and it shall also be the duty of all employees present on the premises to insure that the view area specified above remains unobstructed by any doors,walls, persons, merchandise, display racks or other materials at all times and to insure',that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant,to this subsection. (Urg.3341-10/96,3431-7/99) (6) No Individual Viewing Area may be occupied by more than one person at any one time. "Individual Viewing Area" shall mean a viewing area designed for occupancy by one person. Individual Viewing Areas of the Sex Oriented Business shall be operated and maintained without any hole or other opening or means of direct communication or visual.or;physical access between the interior space of two (2) or more Individual Viewing,Areas. (urg:3341-10/96,3431-7/99) (7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than'ten(10) foot candle as measured at the floor level. (urg.3341-1.0/96,3431-7/99) (8) It shall be the duty of the Owner(s) and it shall also be the duty of all employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present on the premises. (Urg.3341-10/96,3431-7/99) (e) The following additional requirements shall pertain to Sex.Oriented Businesses providing live entertainment. (urg.3341-10/96,3470-11/00) (1) No person shall perform, and no owner, operator, or manager of a Sex Oriented Business shall permit,live entertainment for patrons of a Sex Oriented Business except where: (Urg.3341-10/96, 3470-11/00) (i) if unclothed.performed upon a stage or platform located at least eighteen (18) inches above the level of the floor; and (Urg.3341-10/96,3431-7/99,3470-11/00) (ii) whether clothed or unclothed, a distance of at least six (6) feet is maintained between any performer and any patron. (urg.3341-10/96,3431-7/99,3470-11/00) 11/00 legisdrft/new financelmcO570 12 Huntington Beach Municipal Code 5.70.100(ex2)—5.70.115(a)(3) (2). The Sex!Oriented Business shall provide separate dressing room facilities for performers which are exclusively dedicated to the entertainers' use. (Urg.3341-10/96, 3431-7/99) (3) The Sex Oriented Business shall provide an entrance/exit to the premises for performers which iS separate from the entrance/exit used by patrons. (Urg..3341-10/96,3431-7199) (4) No performer shall have intentional physical contact with any patron, and no patron shall have intentional physical contact with any performer while on the premises which physical contact involves the touching of the clothed or unclothed genitals,pubic area, buttocks,cleft of the buttocks,perineum, anal region, or female breast with any part or area of such other person's body., (Urg.3341-10/96,3431-7/99) .(5) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between performers and patrons required by,this Section. (Urg,3341-10196, 3431-7/99) (6) The Sex Oriented Business shall maintain a file containing the Performer Permit of all performers at the business. The file. shall be available for viewing during all police inspections. (3431-7/99) 5.70.110 Inspections. (Urg.3341-10196,3431-7/99) The permit holder shall allow the City of Huntington Beach and its authorized representatives to conduct reasonable unscheduled inspections of the premises of the Sex Oriented Business for the purpose of ensuring compliance with the law at any time the Sex Oriented Business is open for business or is occupied; .provided, whenever any city official relies upon this section to gain access to the permit holder's establishment without paying any otherwise applicable admission fee or cover charge,any person employed by the permit holder to collect such admission fees or cover charges may require such official,before admitting such official to the establishment, to produce identification indicating the official',s name, branch of city government by which such official is employed;and the job title such official holds within that branch of city government. (Urg.3341-10/96,3431,-7/99) 5.70.115 Revocation of a Sex Oriented Business Permit. (3431-7/99) (a) The Chief of Police shall revoke a Sex Oriented Business Permit when: (Urg.3341-10/96, 3431-7/99) (1) The permit holder is convicted of a felony or misdemeanor occurring upon or relating to the premises or lot upon which the Sex Oriented Business is located which offense is classified by the state as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors,prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code § 290, or any violation of Penal Code §'243.4,261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 28,8a, 311 through 311.10, inclusive, 314, 315, 316 or 647; or (Urg.3341-10/96, _ 3431-7/99) (2) If,,on two (2) or more occasions within a twelve (12) month period, a person or persons has (have)been convicted of a felony or misdemeanor for an offense set forth in this section as a result of such person's activity on the premises or property on which the Sex Oriented Business is located, and the person or persons were employees, contractors or agents of the,Sex Oriented Business at the time the offenses were committed; or(Urg.3341-10/96,3431-7199) legisdrft/new finance/mc0570 13 (3) If the permit holder or an employee has knowingly allowed prostitution, or solicitation for prostitution, knowingly allowed or permitted any act of sexual intercourse; sodomy, oral copulation, or masturbation to be committed or allowed in or upon the premises where such Sex Oriented Business is to be located, or to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly Occur Or (Urg.3341-10/96,3431-7199) (4) The Sex Oriented Business has been operated in violation of any of the requirements of the Huntington Beach Municipal Code if (Urg.3341-10/96,3431-7/99,3470-11/00) (i) the violation is of a continuous nature(i.e. cannot be remedied by immediate cessation of the activity such as a building or structural violation); the Business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the Owner, Or (Urg.3341-10/96,3470-11/00) (ii) the violation is of a noncontinuous nature,two (2) or more violations of the same provision or four(4) or more violations of any other of the provisions of the Huntington Beach Municipal Code occur(regardless of whether notice of each individual violation is given to Owner) within any twelve (12)month period; or (Urg.3341-10/96,3431-7/99,3470-11/00) (5) The applicant has made material misrepresentations or fraudulent, false, or misleading statements in the application; or (3431-7./ss). (6) Permit holder has had a Sex Oriented Business permit or other similar license or permit denied or revoked for cause by this city or any other jurisdiction located in or out of this state prior to the date of application; Or (3431-7/99) (7) That the Permit holder, his or her employee, agent,partner, director,officer, stockholder or manager has not within two (2)years of the date of the application knowingly allowed or permitted any act of sexual intercourse, sodomy,oral copulation, or masturbation to be committed or allowed in or upon the premises where such Sex Oriented Business is to be located, or to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur. (urg. 3341,-10/96;3431-7/99) (b) Upon determining that grounds for permit revocation exist, Chief of Police shall furnish written notice of the revocation to the Permit holder. Such notice shall summarize the principal reasons for the*revocation. (Urg.3341-10/96,3431-7/99) (c) Upon receipt of written notice of revocation, if the Pen-nit holder files within thirty(30) days a petition for writ of mandate in state court to`review the.revocation, then the City shall not enforce the revocation unless the Superior Court has denied the writ or the City has obtained injunctive relief. The notice will be deemed'received if the Chief of Police has placed the notice in first*,class mail and the notice is not returned within ten (10) days and the City has made a good faith attempt at personal'service. (3431-7/99,3470-11100) if Permit holder fails to file a writ of mandate within thirty(30) days of,receipt of written notice of revocation, the City shall enforce the revocation. (3431-7/99) 5.70.120 Revocation of a Sex Oriented Performer Permit. (3431-7/99) (a) The Chief of Police shall revoke a Sex Oriented Performer Permit when: (3431-7199) (1) The applicant has made material misrepresentations or false or misleading statements in the application; or (3431-7/99) legisdrf/new finance/mc0570 14 (2) The Permit,holder is convicted of a felony or misdemeanor which offense is classified by the state as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code § 290, or any violation of Penal Code § 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647(a), 653.22; or (3431-7i99,3470-11/00) (3) The Sex Oriented Performer has violated the requirements of the Huntington Beach Municipal Code; or (3431-7/99,3470-11/00) (4) Permit holder has had a Sex Oriented Performer Permit or other similar license or permit denied or revoked for cause by this city or any other jurisdiction located in,or out of this state within one (1)year prior to the date of application. (3431-7/99,3470-11/00) (5) Upon determining that grounds for permit revocation exist, Chief of Police shall furnish written notice of the revocation to the Permit holder. Such notice shall summarize the principal reasons for the revocation. (3431-7/99) (b) Upon receipt of written notice of revocation, if the Permit holder files within thirty (30) days a petition.for writ of mandate in state court to review the'revocation, then the City shall not enforce the revocation unless the Superior Court has denied the writ, or the City has obtained injunctive relief. The notice will be deemed received-if the Chief of Police has placed the notice in first class mail and the notice is not returned within ten(10) days and the City has made a good faith attempt at personal service. (3431-7/99,3470-11/00) (c) If Permit holder fails to file a writ of mandate within thirty(30)days of receipt of written notice of revocation, the City shall enforce the revocation. (3431-7/99) 5.70.130 Regulations Nonexclusive. The provisions of this article regulating Sex Oriented Businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Huntington Beach. (Urg.3341-10/96) 5.70.140 Violation--Penalty. Any violation of this chapter shall be punishable by: (Urg.3341-10/96, 3470-11/00) (a). Administrative Citation. Violation of this Chapter is subject to the issuance of an administrative citation under the provisions of Chapter 1.18 of this Code. An operator may . be cited for violations occurring on the premise in their presence or for knowingly permitting violations of this Chapter; (3470-11/0.0) (b) Civil Action. The.City Attorney may institute an action in any court of competent jurisdiction, including an action to abate a nuisance, to restrain, enjoin, or abate the condition(s) found to be in violation of this provisions of this Chapter,as,provided by law. (3470-11/00) (e) It shall be a violation of this Chapter for any principal, including but not limited to any operator, to permit,procure, counsel or assist any agent of that"principal;including but not limited to an employee or independent contractor, to violate any.provision of this Chapter. (3470-11/00) 5.70.150 Unlawful operation declared nuisance. Any Sex Oriented Business operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. (Urg.3341-10/96,3470-11/00) 11/00' ' legisdrft/new finance/mc0570 15 5.70.160-5.70.1810 Huntington Beach Municipal Code 5.70.160 Minors.and Intoxicated Persons. (Urg.3341-10/96) (a) It shall be a misdemeanor for any person under the age of eighteen(18)years or any obviously intoxicated person to enter or remain on the premises of a Sex Oriented Business at any time except as pursuant to California Penal Code Section 313.2. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the Sex Oriented Business. (Urg.3341-10/96,3431-7199) (1) Every person having responsibility for the operation of a Sex Oriented Business who, with knowledge that a person is a minor, or who fails, to exercise reasonable care in ascertaining the true age of a minor,knowingly allows such minor to enter or remain on the premises of the business is guilty of a misdemeanor. (Urg.3341-10/96) (2) Every person having responsibility for the operation of a Sex Oriented Business who allows any obviouslyintoxicated person to enter or remain on the premises of the business is guilty of a misdemeanor. (Urg.3341-10196) (b) For purposes of this section, the holder of a Sex Oriented Business Permit when present on the premises, and the manager.or other person(s) in charge of the premises, are persons having responsibility,for the operation of the business. The term "minor" shall mean,any person under the age of eighteen (18) years. (Urg.3341-10/96) 5.70.170 Employment of Persons Without Permits Unlawful. (a) It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of a Sex Oriented Business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked Sex Oriented Performer Permit. (Urg.3341-10/96,3431-7/99) (b) The owner, operator, manager or permittee in charge of or in control of the Sex Oriented Business which provides live entertainment shall provide proof of a valid Sex Oriented Performer Permit for each individual engaged in live performance upon demand`of a police. officer. Failure to provide proof is a violation of this chapter. (3431-7/99) 5.70.180 Severability. If any section, subsection, subdivision,paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or , effectiveness of the remaining portions of this chapter or any part thereof. The City Council -hereby declares that it would have passed each Section, subsection, subdivision,paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions,"paragraphs, sentences,_clauses, or phrases be'declared unconstitutional;or invalid, or ineffective. (Urg.3341-10/96) 11/00 legisdrf/new finance/mc0570. 16 Ordinance No. / LEGISLATIVE DRAFT Chapter 7.08 LICENSING PROVISIONS (324-5/29, 509-4/47, 522-6148, Urg. Ord. 641-2/56, 885-1/62, 1088-9/64, 1279-1/67, 1555-2/70, 1557-2/70, 1815-2/73, 1872-11/73, 189-2/18,1905-3/74, 1907-5174, 1910-6174, Urg. Ord. 2034-1176, Urg. Ord. 2084-6/76,2246-1/78, 2281-5/78, 2406-2/80, 2435-7/80, 2475-5/81) Sections: 7.08.010 License and registration required 7.08.020 License--Transferability 7.08.030. License--Certificates procured' 7.08.040 License--Tags, certificates issued 7.08.050 License--Owner duty to obtain 7.08.060 License--Penalty fees 7.08.070 License--Exempted animals 7.08.080 License--Shown to license inspector 7.08.090 Removal of tags and collars 7.08.100 Counterfeiting tags 7.08.110 License--Vaccination certificate 7.08.120 Guard dog registration 7.08.140 Repealed, Ord. 2246-1/78 7.08.010 License and registration required. No person owning, having an interest in, or having control, custody or possession of any dog shall fail, neglect or refuse to license and register such dog-if over four (4) months of age in compliance with the terms of this chapter. A violation of, .this section is an INFRACTION, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars ($100). (189-2/18, 509-4/47, 885-1/62, 1279-2/67, 1555-3/70, 1815-3/73, 1905-3/74, 190775/74, Urg. Ord. 2034-1/76) 7.08.020 License--Transferability.. No dog license is transferable, except in the following circumstances: (a) Upon payment of a two dollar ($2) fee, a new license may be issued to a new owner of a dog that was previously licensed by the city when said license is still current. (b) Upon payment of a two dollar ($2) fee, a new resident of the city may be issued a new license for his dog in the following circumstances: (i) The dog was previously licensed.in another jurisdiction and said license is current and valid through June 30 following the date of application; (ii) Said previous license is presented for cancellation; and (iii)The owner presents a valid rabies inoculation certificate which is effective through June 3.0 following the date of application. Any new license issued pursuant to this section shall be renewed pursuant to section 7.08.050 of this code. (885-1/62, Urg. Ord. 2034-1/76, 2281-5/78) 1.-08.030 License--Certificates procured. The City Animal License Inspector is authorized and directed to procure each year, prior to the first day of July, such number of license certificates . and tags as may be sufficient for use during the year, with the year plainly inscribed thereon. Said certificates and tags shall expire July 1 of the following year. (189-3/18, 509-4/47, 885-1/62, Urg. Ord. 2034-1176) legisdrft/new finance/mc0708 1 7.08.040 License--Tags, certificates issued. (a) A metallic tag or other means of permanent identification, such as tattooing, and license certificate with corresponding numbers shall be furnished by the City Animal License Inspector or one of his authorized agents, to any person required by this chapter to obtain a license upon payment of the appropriate fee prescribed in this chapter. Said person shall bear. the cost of the permanent identification if other than a metallic tag is chosen by said person. (b) The City Animal License Inspector shall keep a record of the name, address and telephone number of the owner of the dog, or person making payment of the license fee, and to whom a certificate and tag shall have been issued, and the number and date of such certificate. Such metal tag issued for the current licenseyear shall be securely fastened to the collar or harness of the dog, and shall be worn by such dog at all times other than those periods when confined to the owner's house, enclosed yard or pen. A duplicate of a lost license tag may be procured from the City Animal License Inspector upon proof of loss and payment of two dollars ($2). (1279-2/67, 1905-4/74, 1907-5/74, Urg. Ord. 2034-1176) 7.08.050 License--Owner duty to obtain. Any owner,with the exceptions herein provided, of a dog over the age of four(4)months in the city shall, and at the option of the owner of a cat may, obtain a license and pay an original or renewal license fee of twelve and 50/100ths dollars ($12.50) on or before the effective date of this section and July 1 of each year thereafter. The license fee for a spayed or altered dog or cat shall be six and 25/100ths dollars ($6.25). The owner has the burden of proof to show the dog or cat has been spayed or altered. Except that the license fee shall be one-half(1/2) the regular fee for the following: (a) Any owner of a dog or cat establishing residence in the city after December 31 of any year; (b) Any owner of a dog or cat acquired after December 31 of any year; (c) Any owner of a dog which had not reached the age of four(4) months by December 31 of a year. Original license fees shall be due and payable within thirty(30) days after any dog or cat is acquired and comes into the care, custody and control of any person in the city. (885-1/62, 1279-2/67, 1555-2/70, 1872-11/73, Urg. Ord, 2034-1/76, 2246-1/78, 2406-2/80,2435-7/80) 7.08.060 License--Penalty fees. Any person who fails to pay the required dog license fee prior to August 1, 1976, and prior to August 1 each year thereafter,shall pay, in addition to the license fee, a penalty fee of 50 percent of the original or renewal license fee. Any person who fails to obtain an original license within thirty(30) days after his/her owning any dog or any dog coming into his/her care, custody and control in this city shall pay in addition to the original license fee, a penalty fee of 50 percent(50%) of the original license fee. (1907-5/74, . Urg. Ord. 2034-1/76, Urg.Ord. 2084-6/76) 7.08.070 License--Exempted animals. No license fee shall be required for the following: (a) Seeing-eye dogs; (b) Dogs honorably discharged from the armed forces of the United States; (c) Dogs in the care, custody and control of nonresidents who are traveling through the city, or temporarily staying in the city for a period not exceeding thirty(30) days, or dogs temporarily brought into the city for the exclusive purpose of being entered in a bench show or dog exhibition, provided such dogs are so entered and not kept elsewhere in the city; IegisdrfVnew finance/mc0768 2 (d) Dogs under the care, custody or control of, or owned by senior citizens remain obligated to license their dog(s) regardless of the license fee exemption, and they shall be obligated to pay penalty fees for late licensing of their.dog(s). (88571/62, 1279-2/67, 1555-2/70, 1905-4174, 1907-5/74, Urg. Ord. 2034-1/76) 7 08.080.License--Shown to license inspector. No person shall fail or refuse to show to the City Animal License Inspector or any police officer, the license and the tag.for any duly registered dog kept or remaining in any home or upon any enclosed premises under his immediate control. A violation of this section is an INFRACTION, and upon conviction thereof shall be punishable by a fine not to exceed one hundred dollars ($100). (885-1/62,1279-2/67, 1905-3/74, Urg. Ord. 2034-1/76) 7.08.090 Removal of tags and collars. No unauthorized person shall remove from any dog or cat any collar, harness, or other device to which is attached a registration tag for the current year or to remove such tag therefrom. A violation of this section is an INFRACTION, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars ($100). (885-1/62, 1279-2/67, 1905-3174, Urg. Ord. 2034-1/76) 7.08.100 Counterfeiting tags. No person shall imitate or counterfeit the tags in this chapter ,provided for, or shall use any imitation or counterfeit of such tag. (885-1/62, 1279-2/67, 1905-3/74, Urg. Ord.2034-1/76) 7.08.110 License--Vaccination'certificate: Every person applying for a dog license must exhibit a certificate issued by a person licensed,by the state to practice veterinary medicine, which certificate shall show that the dog for which the license shall be issued, either has been vaccinated in accordance with the provisions of the ordinance of the county of Orange, or should not be so vaccinated by reason of age, infirmity or other disability. Such exemption shall be valid for a period not to exceed one (1) year. A license for any dog shall not be issued unless and until such certificate is exhibited. (Urg. Ord.641-2/56,885-1/62, 1279-2/67, 1905-3/74, Urg. Ord. 2034-1/76) 7.08.120 Guard dog registration: (a) No person owning, having custody, charge, control or possession of a dog bred or trained formally to attack shall fail to register such animal as a guard dog by so indicating in the space provided on the animal license forma (b) No person owning, having custody, charge, control or possession of a guard dog on nonresidential property shall fail to post signs of sufficient size and design on his premises giving adequate notice and warning to the public of the presence of such guard dog. (c) Any person owning, having custody, charge, control or possession of a guard dog who fails or refuses to comply with any provision of this section, and who causes, permits or allows such guard dog to harm or injure any-city employee while acting within the scope of his official duties, shall be guilty of a MISDEMEANOR, and upon conviction thereof shall be punished by a fine of$500 or six (6) months in the county jail, or by both such fine and imprisonment, and each day or portion thereof such person fails or refuses to comply with the provisions of this section shall be deemed a separate offense, and shall be punishable as provided herein. (324-5/29, 522-6/48, 885-1/62, 1088-9/64, 1279-1/67, 1557-2/70, 1815-2/73, 1905-3/74, 1910-6/74,2406-2/80, 2475-5/81) - i vim. i r & 42246-1/78) i 5/81 legisdrft/new financeftc0708 3 Ordinance No. 5/ LEGISLATIVE DRAFT Chapter 14.08 SERVICE CONNECTIONS (674-12/57,3592-1/03) Sections: 14.08.010 Application form 14.08.020 Separate required 14.08.030 Multiple occupancies on premises 14.08.040 Multiple occupancy exceptions 14.08.050 Property separation 14.08.060 Interfering with pipes 14.08.010 Application form. Before water can be served from the City mains to any person or for any premises, such person or the owner or occupant of such premises shall be required to provide the following information by telephone, in writing, or by any other means as deemed acceptable by the department: (674-12/57,3592-1/03) (a) Name of responsible party(individual or business); (3592-1/03) (b) Social security number; (3592-1/03) (c) Driver's license number or passport number;_ (3592-1/03) (d) Business license number (if applicable); (3592-1/03) (e) Address of premises to be serviced; (3592-1/03) (f) Date on which the applicant will be ready for service; (3592-1/03) (g) Name and address to which bills.will be mailed or delivered; (3592-1/03) (h) Description of applicant as owner, tenant, agent, builder, or property manager; (3592-1/03) (i) Contact information which may include but is not limited to primary contact phone number, mobile phone number, fax number and employer phone number. (3592-1/03) Failure to provide the information listed above may require the applicant to apply for services in person on a form provided by the Gity Reasur-r's effi—ee.Finance Director (3562-1/03) 14.08.020 Separate required: Every premises supplied by City water shall have its own separate service connection with the City main, and the premises so supplied shall not supply water to any other premises. (674-12/57) 14.08.030 Multiple occupancies on premises. Where more than one occupancy is placed on the same parcel of property and each is conducting a separately established residence or business, a water meter shall be required and installed for each occupancy, unless otherwise approved by the . Water Superintendent. (674-12/57) 14.08.040 Multiple occupancy exceptions__ The following exception shall apply to multiple occupancies on the same premises: (a) Where there exists a dwelling on the rear of a lot, in front.of which is another dwelling, one service may be provided for such premises. The cost of such water meter installation and service shall be paid by the owner or party receiving service. (674-12/57) (b) Where two or more buildings owned by the same person are built upon the lot, said buildings may be served by one service pipe and one meter if approved by the Water Superintendent. i (674-12/57) 14.08,050 Property separation. Whenever one service pipe and meter has been serving more than one occupancy on the same parcel of property owned by one owner,.and the property MC 1408LD I ownership is severed, the Water Superintendent may, in his discretion, require separate service pipe and meter for each occupancy. (674-12/57) 14.08.060 Interfering with pipes. No person shall, without the permission of the Water Superintendent; or his duly appointed agents or employees, remove, change, disturb, or in any way tamper.with or interfere with any of the facilities, apparatus, appliances or property used or maintained for the production, storage or supply of water by the City to consumers thereof-, nor shall any person without the permission of the Water Superintendent install any pipe, apparatus, appliance or connection to any part of the system of waterworks in the City. (674-12/57) _ I j i i i - i I i MC 1408LD 2 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Adoptions of.Ordinances Amending the HBMC Regarding the,Cit 's Fiscal Branch COUNCIL MEETING DATE: September 18, 2006 RC�AATTACHMENT$ �. STATUS a,�. Ordinance (w/exhibits & legislative draft if applicable.) licable Elk Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ` ❑ . Tract Map, Location Map and/or other Exhibits Attached . Not Applicable. ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable ❑ Subleases,-Third Party Agreements, etc. Attached: El (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney), Attached ❑ Not A plicable Fiscal Impact Statement Unbud eted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If;applicable) Attached ❑ Not A plicable Staff Report (If applicable) 'Attached Not Applicable ❑- Commission, Board or Committee Report (if applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑: -Not A licable ❑ ,EX T .,ORMLSSINGPLANATON F AHMENT - ' EVIEINED : RETURNED , "ORWA DED Administrative Staff. Deputy' City Administrator. (Initial City Administrator initial City Clerk I EXPLA NA,TIOR RETURN OF:lT N FO EM: � - (BelowSpace For City Clerk's Use Only) RCA Author: KC/JMP f ' j PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) am a Citizen of the United States and a HU�tIH�fTON BEAtH- resident of the County aforesaid; I am 'wou . ORDINAMCE N0:STS 1 over the age of eighteen years, and not a Adoptod llohn c��, art to or interested in the below 'entitled O RDINA 2,2006 party - "AN.ORDINANCE OF THE CITY OF HUIVTIN070N matter. I am a principal Clerk Of the BEACH AMENDING THE CH HUNTINGTON BEACH INDEPENDENT, HUNIC( LCOE ETD MUNICIPAL CODE TO REFLECT THE DUTIES a newspaper of general circulation ANDASSIeH IS OF THE CITY TREASURER printed and published in the City of ""DIRECT AN0E Huntington Beach, County of Orange, STOOPIMPLEMLNT THE State of California, and that attached CITY UNCIL ACTION OF FEBRUARY 6, 2006, CHANGES WERE MADE Notice is a true and complete copy as AREAS OF RtSPONSI�y� ITY FOR THE CITY TREA. was printed and published in the SURER'S DEPARTMENT AND-THE FINANCE OF• Huntington Beach issue of said FICE TO STREAMLINE newspaper to wit the Issue(s)'of: TR�S ANT aN L ! 'I CITY•OPERATIQNS, IM THE ;CITY TREASURER TO:FO• CUS ON CITY CHARTER' DESIGNATED AESPONSI• BILITIES. ,COPIES OF THIS OROI• NA,NCE ARE AVAILABLE iN 'THE CITY CLERK'S OCTOBER 1 2, 2 0 0 6 OP ICE , AND'ADOPTED by :the City. Council ;of the-City of Huntington Beach at a re ular:meet• ing-held October 2,2006 by the following roll coil voter BYES: Bahr, Green, Coarper, Sullivan, Hanl declare under penalty of perjury, that s'NOIS:Cook , , � NOES: None the fore goingis true and correct. ABSENT: hardy t®wt of room) � This orditio0ce'is effec- tivE 30 days after.,adop• tion. 'CITY OF Executed on OCTOBER 12,2 0 0 6 HUNTINGTON BEACH 2000 MA�1N STREET at Costa Mesa, California. "'NT a�O BJACH, 7 14.5164227 JOAN L.FLYNN,CITY' CLERK Published 'Huntington Beach Independent Oct,- 12,2006 102.717 Signature PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE j am a Citizen of the United States and a dTYOFHUNTINOTON resident of the County aforesaid; I amBUCH over the age of eighteen years, and not a otDtNANC N°•arse AdApted by fhm Ctty party to or interested in the below entitled Council onOCTOBEB2, 2006 matter. I am a principal clerk of the "AA!''ORDNAfY0INGTON p p CITY OF HUNTINGTON HUNTINGTON BEACH INDEPENDENT, BHulv�"rINGTOVBACH MUNICIPAL,CODE BY a newspaper Of general circulation, ADDINGC,HAPTER2.15 FIN ANGE £PARrfiAENT" printed and published in the Cityof TO IMPLEMENT, p TO IMPLEMENT- THE -CITY COUNCIL.ACTION Huntington Beach, County of Orange, OF FEBRUARY 6, 2006, CHANGES_WERE MADE State of California, and that attached TO THE FUNCTIONAL AREAS OF RESPONSIBIL- Notice is a true and complete co as ITY FOR THE CITY TREA- I' copy SURER'S .DEPARTMENT was printed and published in the AND THE f TREAE INE -N ,;FILE TO-STREAMLINE Huntington Beach issue of said PROVE NTERNAL'CON- newspaper to wit the Issue(s) of: TRo1.S AND ALLOT THE CITY TREASURER 70 0- CUS ON CITY' CHARTER DESIGNATED'RESPONSI BILITIES. COPIES.OF THIS ORDI- NANCE -AR£'AUAIL.ABLE IN THE CITY CLERKS OFFICE. PASSED AND ADOPTED OCTOBER 1 2, 2 0 0 6 by the City Council of the; City of Huntington Beach at a,regular meet- ing held October 2,2006 'by the following roll Gal! vote: . AYES: Bahr, Green, 0perper,Sulfluan,Hardy, Hansen,Cook DiOES: None declare, under penalty of perjury, that Eo dlftanco is ef_ the foregoing is true and correct. ,This°`Ott 8° "y� after ado�stlon. CITY^^Of HUNTINGTON B£ACH 2000 MAIN STREET HUNTINGTON BEACH,CA Executed on OCTOBER 12,2006 92648 714-536.5227 at Costa Mesa, California. 'D��cFL FLYNN, Published Huntington, Beach Independent'Oet. 12 2006 102-719" Signature PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) am a Citizen of the United States and a HUNm NBEACN resident of the County aforesaid; I am LBO 101 E ORMNANI110EN O.375a over the age of eighteen years, and not a Ad°pc d thei'CI' OCTOBEIt 2 2006 party to or interested in the below entitled "AN ORDINANCE Of THE CITY OF HU4TINGTON matter. I am a principal clerk of the BEACH AMENDING THE HUNTINGTON BEACH" HUNTINGTON BEACH INDEPENDENT MUNICIPAL CODE TOADD CHAPTER 1.22 RELATING a newspaper Of general circulation� TO CIT TYY OF H Of, GAINBTTHE i UNTINGTON printed and published in the City of SirMp '11 ADOP " Huntington Beach, County of Orange, AIM? IDN G THIS CLAIM FILING sflRDI-'i State of California, and that 'attached NATHI'TORMIT"THECITY BOTH_TO IM TIMELY- I N-i ABt1,YfiY TO TIMELY IN- UESTI&ATE CLAIMS" 0111 Notice is a true and complete copy as MONETARY.DAMAG'ES SAND TO ELIMINATE ORj was printed and published in the REDUCE SOME,CLAIMS] Huntington Beach issue of said BY 1 M,P 0 SI"N G A SHORTER STATUTE. OF;' LIMITATIONS..THIS ORDI- newspaper to wit the Issue C s) of: REAE "INCLUDES THE CREATION OF,A GLAIMI PROCESSING. PROCE=i DURE FOR. CERTAIN' TYPES OF CLAIMS THAT ARE tEXCLUDED' FRDM THE `:CALIFORNIA "TORT; CLAIMSACT. . ; COPIES OF'THIS ORDI•! OCTOBER 1 2,2 0 0 6 IN LATHE ACITY CL K s OFFICE. PASSED AND ADOPTED] by the City Council of the City of Huntington. Beach at a regular meat•�. ing hell October 2,2006! by the following rolVelall ate:g ' declare, under penalty of perjury, that CoA 5: $°ht' Green'{ erper,"Sullivan;Hardy;. Hanseg,Cook the foregoing is true and correct. "aIES: "ane g g k9SE1gT. None" a Thls ordinante Is of- fettivs 80 days"oftor Executed on OCTOBER 12,2 0 0 6 adoption. CITY Of HUNTINGTON BEACH . at Costa Mesa, California. HU2N7INGTQN"aAicA 92W 714436.6227 " )OARL,,FLYNN, CITY CLERK! Published Huntington Beech Independent Oct.I Signature 12J 2006 1 2-719