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