5512ORDINANCE NO. 5512
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO TRANSIENT
OCCUPANCY TAXES
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That new Section 2.12.013 be, and the same is hereby,
added to Chapter 2.12 of Title 2 of the Anaheim Municipal Code to
read as follows:
"2.12.013 TAXATION OF TIME-SHARE PROJECTS.
.010 Notwithstanding the provisions of Section 2.12.010
of this Code, and as an alternative to the amount of any tax
upon Time -Share Interests otherwise imposed pursuant to this
Chapter, the City and the Time -Share Operator of any Time -
Share Project may enter into a written agreement (the 'TOT
Agreement') relating to the amount of tax to be imposed
upon, and collected from, any Time -Share Owner for the right
of occupancy of any Time -Share Unit pursuant to a Time -Share
Interest in such Time -Share Project. The amount set forth
in said TOT Agreement shall be deemed the tax payable to the
City by any Time -Share Owner pursuant to the requirements of
this Chapter. The term 'tax' as used in this Chapter shall,
with regard to Time -Share Interests, refer to the amount set
forth in said TOT Agreement. Except as otherwise expressly
provided in said TOT Agreement, all other provisions of this
Chapter, including without limitation provisions relating to
interest and penalties upon delinquent tax payments, shall
apply to the amount of any tax established pursuant to said
TOT Agreement.
.020 For purposes of this Section, the following terms
shall have the meanings hereinafter respectively set forth:
.021 'Time -Share Interest' shall mean either a
time-share estate or a time-share use (as such terms are
defined in Section 11003.5 of the Business and Professions
Code of the State of California, or any successor provision
thereto) involving a right in perpetuity, for life, or for a
term of years, for occupancy of a room or group of rooms
forming in either case one accommodation unit (herein called
a 'Time -Share Unit') in a Time -Share Project which right of
occupancy is for the recurrent, exclusive use or occupancy
of a Time -Share Unit, annually or on some other periodic
basis, for a period of time that has been allotted from the
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use or occupancy periods into which the Time -Share Project
has been divided.
.022 'Time -Share Operator' shall mean any person
or entity who owns a Time -Share Project, sells Time -Share
Interests, or operates a Time -Share Project before, during
or after the sale of Time -Share Interests in such project.
.023 'Time -Share Owner' shall mean any person or
entity who purchases and owns a Time -Share Interest or who
acquires a right of occupancy of a Time -Share Unit pursuant
to a time-share exchange program.
.024 'Time -Share Project' shall mean a project in
which purchasers receive the right in perpetuity, for life,
or for a term of years, to the recurrent, exclusive use or
occupancy of a lot, parcel, unit, or segment of real
property, annually or on some other periodic basis, for a
period of time that has been or will be allotted from the
use or occupancy periods into which the project has been
divided."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, 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
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.
SECTION 4. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
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a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 12th day of September-,
1995.
MAYOR OF THE CIT OF ANA IM
AT EST•
CITY CLERK OF THE CITY OF ANAHEIM
13373.1\JWHiTE\August 18, 1995 3
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. 5512 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd
day of August, 1995, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 12th day of September, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5512 on the
12th day of September, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 12th day of September, 1995.
k� )� &a
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Ordinance No. 5512 and was published once in the North Orange County News on the 21st day of
September, 1995
CITY CLERK OF THE CITY OF ANAHEIM