4886FOLLOWS:
ORDINANCE NO. 4886
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTION .010 OF SECTION 2.12.070 OF
CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM
MUNICIPAL CODE PERTAINING TO APPEALS OF
HEARING OFFICER DETERMINATIONS IN TRANSIENT
OCCUPANCY TAX PROCEEDINGS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Subsection .010 of Section 2.12.070 of Chapter 2.12
of Title 2 of the Anaheim Municipal Code be, and it is hereby,
amended to read as follows:
11.010 Any operator or the City Manager (or
City Treasurer if the City Manager was the
hearing officer) aggrieved by any determination
of the hearing officer with respect to the
calculation of the amount of such tax or
interest, or the imposition or calculation of
any penalties, may appeal such determination to
the City Council by filing a written notice of
appeal with the City Clerk within fifteen (15)
days following the date of service on operator
of the determination of the amount due. The
City Council shall fix a time and place for
hearing such appeal, and the City Clerk shall
give notice of such hearing in writing to such
operator at his last known place of address. A
rebuttable presumption shall exist at said
hearing that the amount of the tax, penalties
and interest as determined by the hearing
officer is correct and the burden of proof on
such issues at said hearing shall be upon the
operator. The findings of the Council shall be
final and conclusive and shall be served upon
the operator in the manner prescribeld above for
service of notice of hearing. Any amount found
to be due shall be immediately due and payable
upon the service of such notice. Interest and
penalties shall continue to accrue to the date
of such payment. Any amount previously paid
under protest by the operator in accordance with
Section 2.12.075 hereof and found not to be a
proper charge under this chapter shall be
immediately refunded by City."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have passed
all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
hereby of any other ordinance of this City shall in any manner
affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date hereof, nor
be construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions of
this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 8th day of December, 1987.
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MAT -OR_ OF ANNAHE M
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4886 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 1st day of December, 1987,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 8th day of December, 1987, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Ehrle
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4886 on the 8th day of December, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 8th day of December, 1987.
� i7
CITY CLERK OF THE CITY OF ANA
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4886 and was published once in the
Anaheim Bulletin on the 18th day of December, 1987.
CITY CLERK