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O1287 " ,. . . CA:RMM:r C~ty Counc~l Meet~ng 11-8-83 Santa Mon~cal Californ~a ORDINANCE NUMBER 1287(CC5) (C~ty Counc~1 Ser1es) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 6633 RELATING TO UTILITY TAX REBATES AND EXEMPT IONS SECTION 1. Sectlon 6633 of the Santa Monlca Munlclpal Code 15 amended to read as follows: SECTION 6633. Speclal Rebates and Exemptlon. ( a) In add~tlon to the refund procedures set forth ln Sectlon 6632, there lS hereby establlshed spec2al rebate and exemptlon procedures for natural persons meet1ng the el1g~bl1ity crlterla establlshed by thlS Section. (b) To be ellg1ble for the special rebate or exempt10n provlded for 1n th~s Sectlon, a person must be Slxty-two (62) years of age or older, or such person must meet the cr1ter1a of d]'5ab~11..ty as establlshed by the Social Secur~ty Adm].n].strat~on~s supplemental secur~ty 1 i e . l.ncome program for the aged, bll.nd and dlsabled (Tltle XVI of the Soclal Securl.ty Act, as amended). In add1tl.On, no person shall be ell.gl.b1e for the specl.al rebate or exempt~on prov~ded for in thJ..s Sectl.on l.f such person I s annual gross household l.ncome, as herel.nafter defl.ned, exceeds the maXI-mum dollar amount for the calendar year for whl.ch a refund l.5 clalmed. The maXl.mum dollar amount Wl.Il be establJ..shed and from time to tl.me amended by resolutl.on of the Cl.ty Councll. For the purposes of this Sectl.on, .. gross household lncome" sha 11 be and ~nclude the income of every member of the household recelved dur~ng the year, l.ncluding, but not ll.ml.ted to, wages, salar1es, bonuses, tl.pS, gross amounts of pensl.ons and annu~tl.es, ret1rement beneflts, socl.al securl.ty payments, dlSabl.ll.ty payments, ll.fe lnsurance benefl.ts, l.nterest, capl.tal gal.ns and l.nherl.tances. (c) Notwithstandl.ng subsect10ns (a) and (b), persons who receive taxable utl.li ty serVl.ce from rna ster meters, or for whom utl.ll.ty charges are l.ncluded in 2 e e house, apartment, or other rental charges shall not be e11g1ble for the spec1al rebate or exemptlon prov1ded for In th1S Sect10n. Persons recelv1ng funds from any publlC agency spec1f1.cally for the payment of such uti11ty taxes shall, llkewise, not be eliglble for the rebate prov1ded for here1n. (d) Speclal Rebates. (1) A clalm for a rebate of the ut1l1ty tax pa1d pursuant this Chapter shall be f11ed w1th the Director of Fl.nance between May 1 and June 30 of each year for the taxes pal.d during the previous calendar year. Cla1ms shall be submitted on forms prov1.ded by the Cl ty and all statements made thereln shall be under oath and subJect to penalty of perJury. No rebate shall be pald under the prOVl.Sl0nS of this Sect10n unless the cla1mant establishes hlS r1.ght thereto by wr1tten record show1ng entltlement thereto, and the Director of Flnance may require such addit10nal eV1.dence as he or she deems necessary or appropriate 1n determin1.ng such en tl. tl ement . Only one 3 , ---~---------- ---- -- - e clalmant from each household each year shall be entltled to a rebate. (2) The Dlrector of Flnance shall reVlew each clalm and shall cause a rebate to be made to the clalmant of the utll1ty taxes pald by such clalmant pursuant to thlS Chapter, or that portlon of sald taxes pald Whlch 15 found to be due and oWlng to the clalmant. I f the Dlrector of Flnance determines that a clalm lS faulty or that the clalmant has falled to truthfully set forth the requlred facts, the clalffi for rebate shall be reJected in wrltlng to the clalmant. (3) If a claim for a rebate lS not flled wlthln the perlod set forth In subsect1.on (d)(l) all rlghts to such rebate for the prevlous calendar year shall be walved, deemed vOld and permanently extlngulshed. (e) Speclal ~xemptlon. (I) Any person ellgible under subsectlons (a) and (b) may flle an appllcatlon for an exempt1.on wlth the D1.rector of Finance. The appllcation shall be submitted on the forms provided 4 e e by the Clty and all statements made thereln shall be under oath and sUbJect to penalty of perJury. No appllcat10n shall be granted unless the appllcant establlshes hlS or her rlght thereto by wrltten record ShOW1Ug entltlement thereto. The Dlrector of Flnance may require such addltlonal eVldence as he or she deems necessary or approprlate in determlnlng entltlement. (2) The Director of F1nance shall reVlew all such applicat10ns and shall certlfy as exempt those appllcants determined to quallfy therefor. The Dlrector of Flnance shall notliy all serVlce suppllers affected that such exemptions have been approved. For each exemptlon, the following lntormatlon shall be transmltted to the serVlce suppller: (1) Name of exempt appllcant. (ll} Account number shown on utl11ty blll. (111) Address to Wh1ch exempt service lS be1ng supplled. 5 / e e (lV) Any other informatlon as may be necessary for the serVlce suppller to remove the exempt serVlce user from lts tax bllllng procedure. (3) Upon recelpt of such notiflcation, the serV1Ce suppller shall not be requlred to contlnue to blll any further tax lmposed by thlS Chapter from such exempt serVlce user, untl.l further notlce by the Dlrector of Flnance lS glven. The serVlce supplier shall ellml..nate such exempt serVlce user from lts tax bl111ng procedure no later than 60 days after recelpt of such notlce from the Dlrector of Finance. ( 4 ) All exemptions shall contlnue and be renewed automatlcally by the Director of Flnance, so long as the prerequisl..te facts supportlng the inl.tlal quallfl.catlon for exemptlon shall contlnue. The exemptl.on shall a uto- matlcally terminate wi th any change in the serVl.ce address or resldence of the exempt service user, except that such service user may apply for a new exemptlon. 6 e e (5) The D~rector of F~nance shall have the rlght and the power to demand evidence of cont~nued el~glb~llty of a serVlce user for exemptlon. Fallure to provlde any ev~dence requested by the D~rector of Finance as ~s with~n the control of a serVlce user to so provide shall be grounds for the lmmedlate discontlnuance of the exempt~on. Ev~dence provlded to the Dlrector of Flnance upon request may not be used aga1nst such serVlce user as eVldence of violation of the provisions of th~s Sectloni such eVldence may only be used as grounds for termlnatlon of the exemptlon. (6) Any indlvldual exempt from the tax shall notlfy the Dlrector of Finance wlth1n 10 days of any change In fact or clrcumstance Wh1Ch might disqual~fy the lndivldual from receivlng such exemptlon. No person shall knowlngly rece~ve the benefits of the exemptlons provlded by th~s Sectlon, when the baS1S for such exemption either does not eXlst or ceases to eXlst. 7 e e (7) If the Dlrector of Flnance determlnes that an appllcation for an exemptlon lS faulty or that the appllcant has fal1ed to truthfully set forth the requlred facts, the appllcatlon for exemption shall be denled in wrlting to the appllcant. (f) A determlnatlon of the Dlrector of F1Dance to reJect a clalm for rebate or to deny an appllcatlon for exemptlon may be appealed In accordance Wl th Munlclpal Code Sectlon 6126 wi thln 10 days atter the date of mall1ng of the re]ectlon of the claim or denial of the appllcatlon. If an appeal by an aggrieved clalmant or applicant lS not taken wlthin the 10 day period, no appeal of the decls10n of the Director of Flnance made thereafter be taken, and the determinatlon of the Director of Flnance shall become flnal. SECTION 2. Any provlsion of the Santa Monlca Municlpal Code or appendJ.ces thereto lnconslstent with the provlsions of thlS ordlnance, to the extent of such lnconsl.stencies and no further, are hereby repealed or modlfled to that extent necessary to affect the prOVls1ons of thlS ordlnance. 8 e e SECTION 3. If any sectlon, subsectlon, sentence, clause, or phrase of th~s ord~nance ~s for any reason held to be ~nval~d or unconst~tutlonal by a declslon of any court of any competent Jur~sdlctlon, such declSlon shall not affect the va1~dlty of the rema~nlng port~ons of the ordlnance. The City Councll hereby declares that it would have passed thlS ord~nance and each and every sectlon, subsect~on, sentence, clause or phrase not declared lnvalld or unconstltutional wlthout regard to whether any port~on of the ordlnance would be subsequently declared ~nval~d or unconst~tut~onal. SECTION 4. The Mayor shall s~gn and the City Clerk shall attest to the passage of thlS ord~nance. ThlS C~ty Clerk shall cause the same to be publlshed once ln the official newspaper withln 15 days after its adoptlon. The ordlnance shall become effect~ve after 30 days from ltS adoptlon. APPROVED AS TO FORM: ~~~'-~ Robert M. Myers Clty Attorney 9 . ~ -=4 e ADOPTED AND APPROVED THIS 8th DAY OF ~ovember , 1 983 . MAYOR PRO TEMPORE I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE, NO. 1287 (CC5), WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 25th DAY OF October 1983; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 8th DAY OF November 1983 BY THE FOllOWING COUNCIL VOTE: AYES: CQUNCILMEMBERS:Conn, Epstein, Jennlngs, Press, Reed and Zane NOES: CQUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Edwards ABSTAIN: COUNCILMEMBERS: ~one ATTEST: '-. ~7hx1A~ CITY CLERK