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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. vaas�..� 0,,"'% MAT -OR_ OF ANNAHE M ATTEST: CITY CLERK OF THE CITY OF ANAHEIM MES/jb 2105L 111387 -2- 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