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HomeMy WebLinkAboutCC RESO 16,178RESOLUTION NO. 16,178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING THE APPEAL OF SOUTH COAST MEDICAL CLINIC FROM THE IMPOSITION OF PENALTIES FOR NON-PAYMENT OF BUSINESS LICENSE TAXES WHEREAS, Section 6.04.160 of the National City Municipal Code provides that for failure to pay a license tax when due, the collector shall add a penalty of 20 percent of the license tax on the first day of each month after January 1st, provided, that the amount of such penalty to be added shall in no event exceed 100 percent of the amount of the license tax due; and WHEREAS, Section 6.04.110 of the Municipal Code provides that any person aggrieved by any decision of the collector with respect to issuance or refusal to issue a business license may appeal to the City Council; and WHEREAS, at a hearing held on February 13, 1990, the City Council of the City of National City considered the appeal of South Coast Medical Clinic, also known as American National Medical Group and South Bay Industrial Medical, from the imposition of penalties for the non-payment of business license taxes for the years 1986, 1987, 1988, 1989 and 1990; and WHEREAS, at said hearing the City Council considered oral and documentary evidence from representatives of the Finance Department and the appellant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council makes the following findings: 1) That South Coast Medical Clinic, also known as American National Medical Group and South Bay Industrial Medical, has carried on a business, trade, profession, calling or occupation within the City of National City for the years 1986, 1987, 1988 and 1989. 2) That South Coast Medical Clinic has owed but has not paid business license taxes, or the penalties due on said unpaid license taxes, for the years 1986, 1987, 1988 and 1989. 3) That as of the time of the hearing on its appeal, South Coast Medical Clinic owed business license taxes of $1,789.00, and penalties on said amount of $1,789.00. 4) That at the hearing of its appeal, South Coast Medical Clinic failed to establish any grounds for excusal or waiver of the penalties assessed against it. BE IT FURTHER RESOLVED that the appeal of South Coast Medical Clinic is hereby denied, and that all business license taxes and penalties must be paid to the Finance Department no later than 5:00 p.m. on March 5, 1990. BE IT FURTHER RESOLVED that the time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 20th day of February, 1990. ATTEST: 0l i, Anne Peoples, � Lord ples y Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor 2