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HomeMy WebLinkAboutORD NO 4061ORDINANCE NO. 4 0 6 ]* AN ORDINANCE AMENDING SECTIONS 5.02.200, 10.60.070 AND 10.76.080 AND DELETION OF SECTION 8.20 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ADMINISTRATIVE APPEALS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.02.200 is hereby amended to read as follows: Chapter 5.02 - Business License Tax 5.02.200 Appeal. A. Any applicant aggrieved by the following decisions of the collector concerning his application or certificate, may appeal to the city manager by filing a notice of appeal with the city clerk within fifteen days of the date of decision: 1. Denial of exemption from payment of business taxes; Determination of the amount of business tax due and penalties thereon, if any; Determination of the classification to which the applicant's particular business is assigned; 4. Determination of the amount of refund of business tax, if any. B. The city clerk shall thereupon fix a time for hearing such appeal, not to exceed sixty days from the date of filing of the appeal. C. The city clerk shall give notice to the applicant of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Bakersfield, California, postage prepaid, addressed to such person at his last known address. D. The city manager shall have authority to determine all questions raised on such appeal; provided, however, that no such determination shall conflict with any substantive provisions of this chapter. E. Until such time as the city manager renders a decision on appeal, the decision of the collector shall stand. In order to conduct the business for which the application was made, the applicant must make the payments set by the collector, which payments may be paid "under protest" pending the entire appeal process. . Page 1 of 4 F. Any decision of the city manager may be appealed to the city council by filing a notice of appeal with the city clerk within fifteen days of the date of the city manager's decision. The appeal process to the city council shall follow the timelines and procedures set forth under subparagraphs B, C and D herein. G. Until such time as the city council renders a decision on appeal, the decision of the city manager shall stand. In order to conduct the business for which the application was made, the applicant must make the payments set by the city manager, which payments may be paid "under protest" pending the results of the appeal to the city council. SECTION 2. Chapter 8.20 of the Bakersfield Municipal Code is deleted in its entirety. SECTION 3. Section 10.60.070 is hereby amended to read as follows: Chapter 10.60 - Interstate Trucks. 10.60.070 Appeal process. A. If the traffic authority denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within ten days following the date of receipt of the decision of the traffic authority, may appeal said decision to the city manager in writing. An appeal shall be made on a form prescribed by the department of public works and shall be filed with the city clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the traffic authority or wherein its decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the traffic authority shall transmit to the city clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the traffic authority, the findings of the traffic authority and its decision on the application. B. The city clerk shall make copies of the data provided by the traffic authority available to the applicant and to the appellant (if the applicant is not the appellant) for inspection and may give notice to any other interested party who requested notice of the time when the appeal will be considered by the city manager. C. If Caltrans and not the traffic authority denies or revokes terminal access from federally designated highways, no appeal may be made to the city manager, but must be made to Caltrans as may be permitted by Caltrans. Page 2 of 4 D. Any decision of the city manager may be appealed to the city council by filing a notice of appeal with the city clerk within ten (10) days of the date of the city manager's decision. The appeal shall state specifically wherein there was an error or abuse of discretion by the city manager or wherein the city manager's decision is not supported by substantial evidence. SECTION 4. Chapter 10.76.080 is hereby amended to read as follows: Chapter 10.76 - Parades. 10.76.080 Appeal. A. Should any applicant be dissatisfied with the decision of the traffic authority not to grant a permit or for the revocation of a permit, then such applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city manager setting forth the grounds for dissatisfaction, whereupon the city manager shall hear such objections no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to such hearing. The city manager may, upon such hearing, sustain, suspend, or overrule the decision of the traffic authority, which decision shall be final and conclusive. B. Pending the hearing before the city manager, the decision of the traffic authority shall remain in full force and effect and any reversal thereof by the city manager shall not be retroactive but shall take effect as of the date of the city manager's decision. SECTION 5. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... ooOoo .......... Page 3 of 4 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on MAY 22 2002 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCIL MEMBER ky'Qv~,o COUNCIL MEMBER COUNCIL MEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: MAY 22 2002 CITY OF BAKERSFIELD APPROVED AS TO FORM: BART J. THILTGEN City Attorney ROBERT M. SHERF~ Assistant City Attorney S:\COUNClL\Ords~AdminAppealAmdFnl.wpd Page 4 of 4 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 23rd day of May , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4061 , passed by the Bakersfield City Council at a meeting held on the 22nd day of May 2002 and entitled: AN ORDINANCE AMENDING SECTIONS 5.02.200, 10.60.070 AND 10.76.080 AND DELETION OF SECTION 8.20 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ADMINISTRATIVE APPEALS. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield