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CA:RMM:rmd1215/hpcal/pc
City council Meeting 2-26-91
Santa Monica, California
ORDINANCE NUMBER l573(CCS)
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 601Sa TO THE
SANTA MONICA MUNICIPAL CODE TO PERMIT THE WAIVER
OR REFUND OF BUSINESS LICENSE FEES IN
CERTAIN CIRCUMSTANCES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. section 6015a is added to the Municipal Code to
read as follows:
SECTION 6015a. Waiver or Refund of
Penalty.
(a) No penalty assessed pursuant
to Section 6015 shall be waived or
refunded except as provided for in this
Section.
(b) The City Manager or his or her
designee may waive or refund a penalty
assessed pursuant to this Section upon
receiving satisfactory proof that the
licensee mailed the business license
payment prior to september 1 of the year
in which it was due and that the failure
of the paYment to be postmarked prior to
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September 1 of the year in which it was
due or delivered was based upon
operational problems caused by the United
States Postal Service.
(c) Satisfactory proof must
include documentation from the united
states Postal Service that unusual
operational problems or natural disasters
occurred that created the possibility
that the postmark was delayed or the mail
lost. In addition, the city Manager may
require such other documentation as is
necessary to verify the claim, such as
bank, checking, and other accounting
records that might corroborate the claim
that payment was timely deposited in the
mail.
(d)
any money
Section.
(e) The decision of the city
Manager shall be final and not subject to
additional hearing or review.
No interest shall be paid on
refunded pursuant to this
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
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further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3.
If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The city council hereby
declares that it would have passed this ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
R~ M;-RS' '~Q~"-
City Attorney
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Adopted and approved this 26th day of February, 1991.
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I hereby certify that the foregoing Ordinance No. 1573 (CCS)
was duly and regularly introduced at a meeting of the Ci ty
Council on the 29th day of January 1991; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 26th day of February 1991 by the following Council vote:
Ayes: Councilmembers:
Genser, Holbrook, Vazquez, Zane
Noes: Councilmembers:
Olsen, Mayor Abdo
Abstain: Councilmembers:
None
Absent: Councilmembers:
Katz
ATTEST: ........ ~
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