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NS-2648
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Last modified
1/3/2012 1:01:16 PM
Creation date
4/9/2004 1:27:53 PM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2648
Date
4/5/2004
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<br />. <br /> <br />. <br /> <br />. <br /> <br />(a) The finance director shall have the power and duty to enforce this article <br />and shall have the power to adopt rules and regulations not inconsistent with the <br />provisions of this article for the purpose of carrying out and enforcing the payment, <br />collection and remittance of the taxes herein imposed. A copy of all such rules and <br />regulations adopted by the finance director shall be maintained on file in the offices of <br />the finance director. Where uncertainty exists regarding the interpretation of any <br />provision of this article or its application to a specific Hotel, operator or Hotel Visitors', <br />the finance director shall determine the intent of the provision. Such determination shall <br />take the form of a written memorandum of intent. A copy of all such memoranda issued <br />by the finance director shall be maintained on file in the offices of the finance director. <br /> <br />(b) The finance director shall have the further power, for good cause shown, <br />to extend the time for filing any required report and remitting any taxes collected for <br />thirty (30) days; and shall have the further power, for good cause shown, to waive or <br />release any cash deposit, bond, bankshare, lien, or other security required and to <br />compromise any claim as to any penalty imposed or charge demanded. <br /> <br />(c) The finance director may with the consent and approval of the city <br />attorney enter into written agreements with persons liable for the payment of delinquent <br />taxes, penalties and interest, in monthly installments, or more often, extending over a <br />period not exceeding one (1) year. In any agreement so entered into, such person shall <br />acknowledge the obligation owed the city and agree that, in the event of failure to make <br />timely payment of any installment, the whole amount unpaid, principal together with <br />interest, shall become immediately due and payable. In the event legal action is brought <br />by the city to enforce collection of any amount included in the agreement, such person <br />shall pay all costs of suit incurred by the city or its assignee, including attorney fees. <br />The execution of such an agreement shall not prevent the prior accrual of penalties and <br />interest on unpaid balances at the rate provided hereinabove, but no penalties or <br />additional interest shall accrue as hereinafter provided on account of taxes included in <br />the agreement after the execution of the agreement and the payment of the first <br />installment and during such time as such operator shall not be in breach of the <br />agreement. The execution of such an agreement shall render any subsequent appeal <br />null and void and shall constitute a waiver against future action. <br /> <br />(d) In addition to all other authority conferred upon him, the finance director, <br />upon the concurrence of the city attomey, shall have the authority to discontinue the <br />collection of any claim if it appears that further proceedings would be without merit. <br /> <br />Section 6. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it <br />would have adopted this ordinance and each section, subsection, sentence, clause, phrase <br />or portion thereof irrespective of the fact that anyone or more sections, subsections, <br />sentences, clauses, phrases, or portions be declared invalid or unconstitutional. <br /> <br />Ordinance No. NS-2648 <br />Page 11 of 12 <br />
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