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HomeMy WebLinkAboutCC ORD 2004-2247 Amendment - Business Tax LicensesORDINANCE NO. 2004 — 2247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 6.04 PERTAINING TO BUSINESS TAX LICENSING AND CHAPTER 6.20 PERTAINING TO RESIDENTIAL RENTALS BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 6, Chapter 6.04, is amended by amending Sections 6.04.010, 6.04.260, 6.04.370, 6.04.380 and 6.04.400 to read as follows: 6.04.010 Purpose of chapter. A. This chapter is enacted to raise revenue for municipal purposes. The business tax is revenue to the general fund for the privilege of conducting business within the city of National City and receiving the benefits of various city services. The provisions of this chapter are principally revenue in nature, but shall also have regulatory provisions for business compliance. B. (No change). 6.04.260 Business tax payment --Required. A. Except as provided in Section 6.04.260(B), there are imposed upon all persons conducting business in the city business taxes in the amounts hereinafter prescribed. It is unlawful for any person to conduct business in the city without a valid business tax license. A business tax license is valid when it is issued in compliance with all applicable provisions of this chapter and, except when exempt from tax, payment of the applicable tax. B. through C. — (No change). 6.04.370 Delinquent taxes and charqes--Penalties--Installment payment. A. through C. — (No change). D. Any person who fails to apply to the collector for the issuance of an initial business tax license and pay the prescribed tax within thirty calendar days from first beginning business is subject to a penalty of fifty percent plus twenty percent per month after the first thirty days has elapsed, not to exceed one hundred percent of the total tax due for the first year. The total tax will be computed on the basis of the gross receipts for the calendar year. Until payment is made in full, that person remains subject to the provisions of Section 6.04.380 regarding the involuntary cessation of business. Nothing contained herein shall constitute authorization to conduct business without a valid business tax license or before regulatory compliance approval. E. (No change). 6.04.380 Tax deemed debt --Collections. A. through C. — (No change). D. The collector may request the city attorney to obtain a civil injunction or issue a criminal complaint if the business refuses to comply with this chapter or pay taxes. The collector is authorized to issue a stop order pursuant to section 1.12.030 to require a non compliant business to cease and desist from conducting business until compliance is obtained E. through F. — (No change). 6.04.400 Enforcement. A. through G. — (No change). H. The collector is authorized to issue administrative citations pursuant to Chapter 1.44 of this code without prior notification in the enforcement of this chapter, and to impose administrative penalties for violations of this chapter. When appropriate, stop orders pursuant to Section 1.12.030 may be issued ordering a business in violation of this chapter to cease and desist from conducting business until the violation is corrected. Section 2. That Title 6, Chapter 6.20, is amended by amending Sections 6.20.060 to read as follows: 6.20.060 Administration and enforcement. A. through B. — (No change). C. It is unlawful to operate or rent a residential rental unit without payment of required fees and taxes, to violate any of the mandatory provisions or prohibitions of this chapter or to knowingly or intentionally misrepresent to any officer or employee of this city any material fact in connection with the administration or collection of taxes pursuant to this chapter. Each violation of any of the mandatory provisions or prohibitions of this chapter is a misdemeanor, punishable by a fine of one thousand dollars or imprisonment for six months, or both. Each day a violation continues shall constitute a separate violation for which the violator may be separately charged. ATTEST: PASSED and ADOPTED this 15TH day of JUNE , 2004. APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney 2 2004 Ordinance — Chapter 6.04 Business Tax Licensing Residential Rentals Passed and adopted by the Council of the City of National City, California, on June 15, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California Citylerk of the City glf ational City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on June 1, 2004, and on June 15, 2004. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2004-2247 of the City Council of the City of National City, passed and adopted by the Council of said City on June 15, 2004. City Clerk of the City of National City, California By: Deputy