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Sec. 35-172. Reserved. <br />Ord. No. NS-2860, § 10, adopted December 9, 2014, repealed § 35-172 in its entirety. Former § 35-172 pertained <br />to maximum tax amount payable under the utility users tax, and was derived from Ord. No. NS-2436, § 2, <br />adopted August 4, 2000. <br />Sec. 35-173. Right to administrative hearing; appeals. <br />(a) If any service user or service supplier (hereinafter "applicant" in this subsection) is aggrieved by any decision, <br />administrative assessment, or administrative ruling of the tax administrator, or with the failure to grant a <br />refund or exemption as provided for under this code, such applicant may appeal to the tax administrator in <br />writing for an administrative hearing. If application by the applicant for an administrative hearing is not made <br />within the time prescribed, the prior decision of the tax administrator shall become final. If such application <br />is made, the tax administrator shall give at least five (5) days' written notice scheduling a date, time and <br />place for a hearing. Such notice shall be given through personal service or by depositing it in the United <br />States mail, addressed to the applicant's last known address. The applicant may appear before the tax <br />administrator and/or the tax administrator's authorized administrative hearing officer (hereinafter "hearing <br />officer" in this subsection) and offer evidence appealing the tax administrator's decision. After such hearing <br />the "hearing officer" shall make a determination and give written notice to the applicant regarding his or her <br />determination. The determination of the "hearing officer" shall become final and shall render any <br />subsequent appeal null and void and shall further act as a waiver against future action, unless an appeal is <br />taken pursuant to Chapter 3 of the Santa Ana Municipal Code. <br />(b) A timely request for an administrative hearing and attendance is required in accordance with subsection (a) <br />above shall be a prerequisite for an appeal made pursuant to Chapter 3 of the Santa Ana Municipal Code. <br />The determination of an applicant's appeal made pursuant to Chapter 3 of the Santa Ana Municipal Code <br />shall be final. <br />(Ord. No. NS-2436, § 2, 8-4-00) <br />Sec. 35-174. Nonpayment of tax —Bar to writ of mandate or other legal or equitable process. <br />No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or <br />proceeding in any court against this city or against any officer of the city to prevent or enjoin the collection under <br />this code of any tax or any amount of tax required to be collected and/or remitted. <br />(Ord. No. NS-2436, § 2, 8-4-00) <br />Sec. 35-175. Saving clause. <br />Neither the adoption of this code nor its superseding of any portion of any other code shall in any manner be <br />construed to affect prosecution for violation of any chapter, article, code, or ordinance prior to the effective date <br />hereof, nor be construed as a waiver of any tax or any penal provision applicable to any such violation, and all <br />rights and obligations thereunto appertaining shall continue in full force and effect. <br />(Ord. No. NS-2436, § 2, 8-4-00) <br />City PiNPPAIRgil RFP No. 23-%-5 205 Pa'�§/196 <br />