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HomeMy WebLinkAbout2008-007 Findings - Geppetto's BEFORE THE CITY COUNCIL CITY OF ASHLAND, JACKSON COUNTY, OREGON January 14, 2008 IN THE MATTER OF AN APPEAL PURSUANT TO SECTION 4.34.080 OF SECOND PENALTY AND INTEREST IMPOSED PURSUANT TO CHAPTER 4.34 OF THE ASHLAND MUNICIPAL CODE, (FOOD AND BEVERAGE TAX) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER Appellant: Ron E. Roth Geppetto's Restaurant I. NATURE OF PROCEEDINGS This matter comes before the City Council for the City of Ashland pursuant to Section 4.34.080 of the Ashland Municipal Code as an appeal of the Director's determination and imposition of the second penalty and interest for late payment of April 2007 food and beverage taxes by Geppetto's Restaurant. II. FINDINGS OF FACT AND CONCLUSIONS OF LAW The City Council finds and determines that it has received all information necessary to render this appeal determination based upon the materials and testimony included in the whole record, including but not limited to the written submissions and appeal hearing testimony of the appellant, Ron E. Roth. As well as the January 14, 2008 City staff report and supporting documentation, incorporated herein and made a part hereof by this reference. The City Council finds and determines that the director's determination and imposition of the second penalty and interest is in full compliance with the ordinance and is supported by competent substantial evidence in the record of this proceeding. The appellant has not demonstrated any error in the director's determination of penalty and interest. Appellant's presentation and materials concern the personal circumstances of Page 1 of2 the appellant and do not provide the Council with a legal basis under the ordinance to reverse or modify the director's determination. III. ORDER AND DECISION Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the evidence in the whole record of this proceeding, the City Council hereby AFFIRMS the director's imposition of the second penalty and interest as more fully set forth in the January 14, 2008 staff report in the record. The City Council finds and determines that the amount due and payable under this Order is eight hundred, sixty-five dollars and sixty-seven cents, ($865.67), as of the date of this Order. Interest shall continue to accrue. This decision is a final and conclusive determination and shall be immediately due and payable by the appellant upon receipt of this Order. This Order does not alter, waive, or excuse Appellant's other financial obligations to the City as may be contained or expressed in other agreements, or as required to comply with the City ordinances applicable to appellant's business. Nothing in this Order limits civil enforcement proceedings against the appellant for violations of Ashland City Code. CITY OF ASHLAND, OREGON ~ \ I \l21 0<6 Date Page 2 of2