HomeMy WebLinkAboutORD NO 2816ORDINANCE NO. 281C NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTIONS 5.02.070,
5.02.220 C., 5.02.230 AND 5.02.290 OF THE
BAKERSFIELD MUNICIPAL CODE RELATIVE TO
APPEALS UNDER CITY'S BUSINESS ]LICENSE TAX
ORDINANCE.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Section 5.02.070 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.02.070 Appeals to City Council. In order to provide for
reasonable interpretation of the provisions of this chapter and
to avoid unnecessary hardship in its enforcement, the City
Council shall hear all appeals from decisions and orders of the
collector pursuant to this chapter and may affirm, modify or
set aside any such decision or order. Decisions of the City
Council shall be by resolution and shall be final and conclusive.
SECTION 2.
Section 5.02.220 C.
is hereby amended to read as
5.02.220 Failure to file
Hearing.
of the Bakersfield Municipal Code
follows:
statement or corrected statement -
C. If such a determination is made the collector shall
give a notice of the amount so assessed by serving it personally
or by depositing it in the United States Post Office at Bakersfield,
California, postage prepaid, addressed to the person so assessed
at his last known address. Such person may, within fifteen
(15) days after the mailing or serving of such notice, make
application in writing
amount of the business
City Clerk shall cause
the City Council.
to the City Clerk for a hearing on the
tax. If such application is made, the
the matter to be set for hearing before
The City Clerk shall give at least ten (10)
days' notice to such person of the time and place of hearing in
the manner prescribed above in this subsection for serving
notices of assessment. The City Council shall consider all
relevant evidence produced, and shall make findings thereon,
which shall be final. Notice of such findings shall be served
upon the applicant in the manner prescribed above in this
subsection for serving notices of assessment.
SECTION 3.
Section 5.02.230 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.02.230 Appeal.
A. Any person aggrieved by any decision of the collector
with respect to the issuance or refusal to issue such business
tax certificate may appeal to the City Council by filing a
notice of appeal with the City Clerk.
B. The City Clerk shall thereupon fix a time and place
for hearing such appeal.
C. The City Clerk shall give notice to such person 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 Council shall have authority to determine
all questions raised on such appeal.
E. No such determination shall conflict with any substantive
provision of this chapter.
SECTION 4.
Section 5.02.290 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.02.290 Business Tax - Classification - Notice of Action -
Procedure for hearing.
A. The collector shall notify the applicant of the
action taken on the application for reclassification. Such
notice shall be given by serving it personally or by depositing
it in the United States Post Office at Bakersfield, California,
postage prepaid, addressed to the applicant at his last known
address.
B. Such applicant may, within fifteen (15) days after
the mailing or serving of such notice, make written request to
the City Clerk for a hearing on his application for reclassification.
C. If such request is made within the time prescribed,
the City Clerk shall cause the matter to be set for hearing
before the City Council within thirty (30) days.
D. The City Clerk shall give the applicant at least ten
(10) days' notice of the time and place of the hearing.in the
manner prescribed in subsection A of this section for serving
notice of the action taken on the application for reclassification.
E. The City Council shall consider all evidence adduced
and its findings thereon shall be final.
F. Written notice of such findings shall be served upon
the applicant in the manner prescribed above in subsection A of
this section for service of notice of the action taken on the
application for reclassification.
SECTION 5.
This Ordinance shall be posted
City Charter provisions and shall become
days from and after the date
in accordance with the
effective thirty (30)
of its passage.
.......... o0o ...........
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 the ~nd day of ~arch , 1983, by
the following vote:
CITY CLERK ahd Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this 2nd day of ~arch
, 1983
APPROVED as to form:
CITf ATTORNEY~f the Cit~of Bakersfield
AJS: mro
2-10-83
STATE OF CALIFORNIA, }
County of Kern as.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on ...............}!.~.L.c....h.._..8....~. ...................................................................................,19...8._.3.._ he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the CounciI of said City
at a meeting thereof duly held on .............~?:_~...c....h........2..= ......................................................., 19.~..3__., which ordinance
was numbere~ ..............._~.~.~.~ .................New Series, and entitled:
An Ordinance of the Council of the City of
Bakersfield amending Sections 5.02.070,
5.02.220 C., 5.02.230 and 5.02.290 of the
Bakersfield Municipal Code relative to
appeals under City's Business License Tax
Ordinance.
Subscribed and sworn to before me this
.... ~ ~._ day of ............M.~.c-.h ........................,19._ ~.3...