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HomeMy WebLinkAbout2009-17 - Adding Sections 3.16.100 and 3.28.057 to the Newport Beach Municipal Code Regarding the Payment of Uniform Transient Occupancy Tax and Visitor Service Fee Assessments Prior to Seeking Judicial ReviewORDINANCE NO. 2009 -17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 3.16.100 AND 3.28.057 TO THE NEWPORT BEACH MUNICIPAL CODE REGARDING THE PAYMENT OF UNIFORM TRANSIENT OCCUPANCY TAX AND VISITOR SERVICE FEE ASSESSMENTS PRIOR TO SEEKING JUDICIAL REVIEW. WHEREAS, Chapter 3.16 of the Newport Beach Municipal Code establishes a Uniform Transient Occupancy Tax (UTOT) rate of 9% and sets for the application of the UTOT, including assessments and appeals; and WHEREAS, Chapter 3.28 of the Newport Beach Municipal Code establishes a Visitor Service Fee (VSF) rate of 1 % and sets for the application of the VSF, including assessments and appeals; and WHEREAS, the UTOT and VSF revenues represent the third largest General fund revenue source; and WHEREAS, California Constitution provides that tax assessment appellants shall pay the tax assessment prior to filing an appeal of assessments with the Courts; and WHEREAS, the City Council of the City of Newport Beach desires to clarify in Chapters 3.16 and 3.28 that appellants are obligated to pay UTOT and VSF assessments prior to filing an Court appeal of such assessments. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1: Section 3.16.100 of the Newport Beach Municipal Code shall be added to read: 3.16.100 Payment Required. No injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the City or an officer thereof, to prevent or enjoin the collection of taxes sought to be collected pursuant to this chapter. Payment of all tax, interest and penalties is a required condition precedent to seeking judicial review of any tax liability. SECTION 2: Section 3.28.057 of the Newport Beach Municipal Code shall be added to read: 3.28.057 Payment Required. No injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the City or an officer thereof, to prevent or enjoin the collection of fees sought to be collected pursuant to this chapter. Payment of all fees, interest and penalties is a required condition precedent to seeking judicial review of any fee liability. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 11th day of August, 2009, and adopted on the 8 day of sanramhan . 2009, by the following vote, to wit: AYES, COUNCIL MEMBERS Henn, Curry, Webb, Gardner, Daigle, Mayor Selich NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Rneanskg ATTEST: J1�rwk,.,- CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: A c �, David R. Hunt, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilam I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2009 -17 was duly and regularly introduced on the 11th day of August, 2009, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of September, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: Rosansky Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of September, 2009. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LEILANI L BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2009 -17 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: September 12, 2009. yl j ' � In witness whereof, I have hereunto subscribed my name this day of �'ap I ,"p r 2009. City Clerk City of Newport Beach California