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HomeMy WebLinkAboutORD-11-04 Amend- Conferring Upon the Director of FinanceORDINANCE NO. 11- 04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CERTAIN PORTIONS OF THE ORANGE MUNICIPAL CODE FOR THE PURPOSE OF CONFERRING UPON THE DIRECTOR OF FINANCE THE DUTIES OF TAX COLLECTOR, BUSINESS FEE COLLECTOR, AND BUSINESS SERVICES COORDINATOR.WHEREAS, Chapter 5.08 of Title 5 of the Orange Municipal Code created the position of Business Services Coordinator, which is the ex officio Business Tax Collector and Business Fee Collector of the City of Orange and is responsible for carrying out all responsibilities and duties required of the Business Tax Collector and the Business Fee Collector under the Orange Municipal Code, including the enforcement of all of the provisions of Title 5, Business Taxes and Regulations of the Orange Municipal Code; and WHEREAS, although originally meant to be a separate employee classification title of the City, the City does not employ someone in the position of Business Services Coordinator and has, instead, ensured that the responsibilities and functions of the Business Services Coordinator have been and continue to be performed by employees in the Department of Finance under the supervision of the Director of Finance; and WHEREAS, in recognition of this arrangement, it is necessary to amend the Orange Municipal Code to officially recognize the authority and powers of the Director of Finance as the Business Services Coordinator and to allow the Director of Finance to designate one or more of his employees to perform the responsibilities and duties of the Business Services Coordinator under his supervision and control.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:SECTION I:Section2.45.010 of Title 2 of the Orange Municipal Code is hereby deleted in its entirety and replaced with the following new Section2.45.010, to read in full as follows:2.45.010 Director of Finance--Duties.A. The Department of Finance, including Business Services and Purchasing, shall be supervised by the Director of Finance, who shall administer the financial affairs of the City.B. The Director of Finance shall be responsible to carry out all responsibilities and duties required of the business tax collector and the business fee collector under this code and shall be responsible to carry out all responsibilities and duties required of the Coordinator under this code. To the extent that any provision of this code refers to the Business Services Coordinator, such provisions shall be construed to require the execution of such duties by the Director of Finance or his designee. Any person designated by the Director of Finance to execute the duties of the Business Services Coordinator under this code shall be ex officio Business Services Coordinator, Business Tax Collector and/or Business Fee Collector. C. In addition, the Director of Finance shall be responsible to carry out all responsibilities and duties associated with the City's purchasing system. SECTION II: Chapter 5.08 of Title 5 of the Orange Municipal Code is hereby repealed and replaced with the following new Chapter 5.08, to read in full as follows: Sections: 5.08.010 5.08.020 5.08.030 5.08.040 5.08~050 5.08~060 5.08~070 5.08~080 5.08.090 5.08.010 Chapter 5.08 BUSINESS SERVICES COORDINATOR Establishment of Position. Enforcement. Examination of Books and Records. Ril!:ht of Entrv. Failure to Exhibit Certificate-- Misdemeanor.Failure to File Statement--Notice of Assessment.Notice of Tax Due.Extensionof Filinl!: Time.Deposit of Business Tax Funds-- Report and Record. Establishment of Position.There is established the position of Business Services Coordinator, which shall include any position referred to in this section of the code or any other laws of the City as business tax collector or as business fee collector.5. 08.020 Enforcement.It shall be the duty of the Business Services Coordinator and he is directed to enforce each and all of the provisions of this title, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Business Services Coordinator. Each department or division of the City which issues permits or entitlements of use shall require the production of a valid unexpired Business Tax Certificate prior to the issuance of such a permit. The immediately preceding sentence shall not be construed to require any person to obtain a certificate prior to doing business within the City requirement conflicts with the Constitution or applicable statutes of the United States or of the State. 5.08.030 Examination of Books and Records. The Business Services Coordinator or the Chief of Police, in the exercise of the duties imposed upon them under this title, and acting through their deputies, shall examine or cause to be examined all places of business in the City to ascertain whether the provisions of this title have been complied with. 5.08.040 Ril!ht of Entrv. The Business Services Coordinator and each and all of his deputies and any police officer shall have the power and authority to enter, free of charge, at any time, any place of business required to be taxed herein and demand an exhibition of its Business Tax Certificate. 5.08.050 Failure to Exhibit Certificate-- Misdemeanor.Any person having such business tax certificate theretofore issued, in his possession or under his control, who willfully fails to exhibit the same on demand of the Business Services Coordinator or his deputies or duly authorized peace officer, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this title.5.08.060 Failure to File Statement--Notice of Assessment.A. If any person fails to file any required statement within the time prescribed, or if,after demand therefor made by the Business Services Coordinator, he fails to file a corrected statement, the Business Services Coordinator may determine the amount of business tax due from such person by means of such information as he may be able to obtain.B. In the event the Business Services Coordinator cannot obtain such information,the Business Services Coordinator shall have the power to establish the tax at the highest rate for that business classification.C. If such a determination is made, the Business Services Coordinator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office at Orange, California, postage pre-paid, addressed to the person so assessed at his last known address.5.08.070 Notice of Tax Due.It shall be the duty of the Business Services Coordinator and each of his deputies to cause a notice of tax due to be issued to any and all persons found to be violating this business tax title. 3 i---.---_._~'- 5.08.080 Extension of Filine: Time. The Business Services Coordinator shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued. 5.08.090 Deoosit of Business Tax Funds--Reoort and Record.All fees, penalties and other moneys received by the Business Services Coordinator pursuant to the provisions of this article shall be deposited in the general fund of this City. The Business Services Coordinator shall keep full, adequate and accurate records pertaining to issuance of business tax certificates under this article and the collection of all taxes, penalties and other moneys in connection therewith.SECTION III:Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.SECTION IV:A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.ADOPTED this 27' h day of April, 2004. 4 ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certifY that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 13th day of April, 2004, and thereafter at the regular meeting of said City Council duly held on the 27th day of April, 2004, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None 5