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HomeMy WebLinkAbout3023 Amending AMC Chapter 4 ORDINANCE NO. ,?O J3 ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING AMC CHAPTER 4, REVENUE AND FINANCE, AND REMOVING UNNECESSARY REGULATIONS Annotated to show aeletiens and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession; WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City ordinance violations consistent with Oregon Statutes; WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless otherwise specified; this Chapter is being amended to specify classifications where appropriate. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 4.20.120 [System Development Charges - Enforcement] is hereby amended to read as follows: 4.20.120 Enforcement - Violation. Any service connected to the City water, sewer or storm sewer system after the effective date of this chapter for which the fee due hereunder has not been paid as required or an adequate secured arrangement for its paymeni has been made, is subject to termination of service under the City's utility disconnect policy. In addition to any other remedy or penalty provided herein. any connection to the City water. sewer or storm system made without payment as specified in this Chapter shall be considered a Class I violation. SECTION 2, Sections 4.24.130 [Transient Occupancy Tax - Violations-Infractions] through 4.24.140 [Confidentiality] are hereby amended to read as follows: 4.24.130 Violations Infraetions Ordinance Amending Chapter 4 Page 1 of6 Any operator or other person who fails or refuses to register as relJuireo herein, or to furnish any retun relJuired to be made, or fails or ref-uses to f-urnish a supplemental return or other data required by the Tax l\dministrator, or who renders a false or fraudulent return or elaim, or who fails, refuses or negleets to remit the tax to the City by the due date, is guilty of an infraetion and shall be punished as set forth in Seetion 1.08.020. All violations of this chapter are punishable as set forth in AMC 1.08,020, It is a violation of this chapter for any operator or other person to: , A. fail or refuse to complv as required herein: B. fail or refuse to rel!ister as required herein: C. fail or refuse to furnish any return required to be made: D, fail or refuse to permit inspection of records: E. fail or refuse to furnish a supplemental return or other data required by the Tax Administrator: F. render a false or fraudulent return or claim: G, fail, refuse or nel!lect to remit the tax to the city by the due date. Violation of subsections A-E and G above shall be considered a Class I violation. Filinl! a false or fraudulent return shall be considered a Class C misdemeanor, subject to AMC 1.08. The remedies provided by this section are not exclusive and shall not prevent the City from exercisinl! any other remedy available under the law, nor shall the provisions of this ordinance prohibit or restrict the City or other appropriate prosecutor from pursuinl! criminal charl!es under state law or city ordinance. 4.24.140 Confidentiality Except as otherwise required by law, it shall be unlawful for the City, any officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the City under the terms of this Ordinance. Nothing in this section shall prohibit: A, tB The disclosure of the names and addresses of any person who are operating a hotel or recreational vehiclel campinl! park; or B. ~ The disclosure of general statistics in a form which would prevent the identification of financial information regarding an individual operator; or Ordinance Amending Chapter 4 Page 2 of6 C. (Jj Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of any criminal or civil claim by the Administrator or an appeal from the Administrator for amount due the City under this chapter.; or D. The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures: Q! E. The disclosure of records related to a business's failure to report and remit the tax when the report or tax is in arrears for over six months or the tax arrearal!e exceeds $5,000.00. The City Conncil expressly finds and determines that the public interest in disclosure of such records clearly outweil!hs the interest in confidentiality under ORS 192.501(5), SECTION 3. Section 4.26.060 [Transportation Utility Fee - Enforcement] is hereby amended to read as follows: 4.26.060 Enforcement Any charge due hereunder which is not paid when due may be recovered in an action at law by the City. In addition to any other remedies or penalties provided by this or any other ordinance of the City, failure of any user of City utilities within the City to pay said charges promptly when due shall subject such user to discontinuance of any utility services provided by the City and the City Administrator is hereby empowered and directed to enforce this provision against such delinquent users. The employees of the City shall, at all reasonable times, have access to any premises served by the City for inspection, repair, or the enforcement of the provisions of this chapter. In addition to any other remedy or penalty provided herein, failure to remit the fee provided herein when due shall be considered a Class I violation and each day the remittance is late shall constitute a separate offense, SECTION 4. Section 4.27.080 [Storm Drainage Utility - Enforcement] is hereby amended to read as follows: 4.27.080 Enforcement Any fee due which is not paid when due may be recovered in an action at law by the City. In addition to any other remedies or penalties provided by this or any other City ordinance, failure of any person responsible to pay fees promptly when due shall subject the person responsible to discontinuance of any utility services provided by the City and the City Administrator is empowered and directed to enforce this provision against such delinquent users. The employees of the City shall, at all reasonable times, have access to any improved property served by the City for inspection, repair, or the enforcement of the provisions of this chapter. In addition to any other remedy or penalty provided , herein. failure to remit the fee provided herein when due shall be considered a Class I violation and each day the remittance is late shall constitute a separate offense. Ordinance Amending Chapter 4 , Page 3 of6 SECTION 5. Section 4.28.050 [Utility User Tax - Actions to Collect] is hereby amended to read as follows: 4,28.050 Actions to Collect - Enforcement, Any tax required to be paid by a service user under the provisions of this Chapter shall be deemed a debt owed by the service user to the City. The Director of Finance may take such actions to secure payment as provided in Section 14.12.050 of the Ashland Municipal Code. In addition to any other remedy or penalty provided herein, failure to remit the tax provided herein when due shall be considered a Class I violation and each day the remittance is late shall constitute a separate offense. SECTION 6 Section 4.30.040 [Privilege Tax - Payment and Collection of Tax] is hereby amended to read as follows: 4,30 Privilege Tax 4.30.040 Payment and Collection of Tax The tax imposed by this chapter shall be collected from the service user at the time that payment is made for charges for electric energy or service. In addition to any other remedy or penalty provided herein, failure to remitthe tax provided herein when due shall be considered a Class I violation and each day the remittance is late shall constitute a separate offense. SECTION 7. Section 4.32.020 F [Alarm Systems - Classification] is hereby amended to read as follows: 4.32.020 Classification of Alarm Systems F. Exempt alarm systems are: 1. Those which ineorporate only an on prcmise annuoeiator, a visual aonunciator, or any combination thereof; 1. Alarm systems owned, maintained and monitored by any goverriment law enforcement agency to protect their premises; and 2. Alarm systems protecting property of the City of Ashland. SECTION 8. Section 4.32.100 [Alarm Systems - Permit Application] is hereby amended to read as follows: 4.32.100 Permit Application Each application for an alarm system permit shall be made on a form prescribed by the Finance Director Police Chief, apd shall contain the following information: A. The name, address and telephone number of the principal of the protected premises. B. The type of premises (home, office, variety store, etc.), and anybusiness name by Ordinance Amending Chapter 4 Page 4 of6 which the premises is known. C. The address of the protected premises, including, if it is in a residential, commercial or industrial complex (office building, apartment house, shopping center, etc.), and any name by which the complex is commonlyJnown. D. The names, addresses and telephone numbers, including home phone number, of all agents. E. The number and type of annunciators and automatic dialers which the alarm system incorporates, the location of all remote annunciators, and the names and phone numbers of all persons or businesses which are or may be preselected for automatic dialer contact. F. The application shall be accompanied by the fee prescribed under Section 4.32.120. SECTION 9, Section 4.32.220 [Alarm Systems - Enforcement and Penalties] is hereby amended to read as follows: 4.32.220 Enforcement and Penalties A, Use of a prohibited alarm system (AMC 4.32.030, 4.32.040 and 4.32,210) is a Class I violation. B. .\0)' person failing Failure to comply with the provisions of this Chapter. not addressed in A above, includinl! use of an alarm system without a permit, shall be considered a Class III violation subject to the penalties provided in Chapter 1.08.010 of this code. SECTION 10. Section 4.34.120 [Food and Beverage Tax - Violations-Infractions] is hereby amended to read as follows: 4,34.120 Violations - Infraetions All violations of this chapter are punishable as set forth in AMC 1.08.020. It is a violation of this chapter for any operator or other person to: A. fail or refuses to comply as required herein; B. fail or refuse to furnish any return required to be made; C. fail or refuse to permit inspection of records; D. fail or refuse to furnish a supplemental return or other data required by the director; E. render a false or fraudulent return or Claim; F. fail, refuse or neglect to remit the tax to the city by the due date. Ordinance Amending Chapter 4 Page 5 of6 Violation of subsections A-D and F above shall be considered a Class I violation. Filinl! a false or fraudulent return shall be considered a Class C misdemeanor. subiect to AMC 1.08. The remedies provided by this section are not exclusive and shall - not prevent the City from exercising any other remedy available under the law, nor shall the provisions of this ordinance prohibit or restrict the City or other appropriate prosecutor from pursuing criminal charges under state law or city ordinance. SECTION 11. Severability. If any section, provision, clause, sentence, or paragraph of this prdinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance which can be givel1 effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 12 Savings. Notwithstanding this amendment, the City ordinances in existence at the time any criminal or civil enforcement actions or other actions as required by state law, were commenced shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions or applications commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 13 Codification. Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word "ordinance" may be changed to "code", "article", "section", "chapter' or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, and typographical errors and cross references may be corrected by the City Recorder, provided however that Sections 11 thru 13, unincorporated Whereas clauses and boilerplate provisions need not be codified. The fo"",iog ""moo", W~ fim "oo by tide ooly m OC"O~dide X, Section 2(C) of the City Charter on the ~ day of ,2010, and d y PASSED and ADOPTED thiS ~ day of ,2010. / ~~ ' ' Barbara Christensen, City Recorder SIGNED and APPROVED this ---L- day of ~ ,2010. Ordinance Amending Chapter 4 Page 60f6