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SR-212-003 (10) e t7\)t;[ "Tevp-- ~& gSQ ro-/!:J CA : RMl'1 : r City Cauncll Meetlng 9-27-83 ;2/2 ~C03 SEP 2 7 1983 Santa Monica, Californla STAFF REPORT TO: Mayor and City council FROM: Clty Attorney SUBJECT: Ordlnance Anendinq Munlcipal Code BectlOD 6633 Relating to Utl1lty ~ax Rebate and Exenption At its Meeting on Septenber 13, 1983, the Clty Council introduced for flrst reading an or0inance providing exemption procedures from payment of the Clty'S utlllty tax. The ordinance is now presented to the Clty Council for adoptlon. RECOMMENDATIOF It 15 respectfully reco~ended that the accoMpanying ordlnance be adopted. PREPARED BY: Robert M. Myers, City Attorney ro-8 "1 \~1 s.'t.~ ... e e CA: Rr-1r-i: r City Council Meet1ng o-27-R3 Santa Mon1ca, California ORDI~ANCE ~~MBER (C1ty Council Series) A~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA A}fEKDIrG MUNICIPAL CODE SECTION 6633 RELATIKG TO UTILITY TAX REBATES AND EXE~1PTlm~S SECT ION 1. Sect10n 6633 of the Santa Honica Hun~cipal Code ~s anended to read as follows: SEC~ION 6633. Speclal Rebates and Exemptlon. (a) In addltion to the refund procedures set forth 1n Section 6h32, there is hereby established special rebate and exemption procedures for natural persons neeting the el1gib1lity crlter~a establ~shed by this Section. (b) To be eligible for the speclal rebate or exernpt10n prov1ded for 1n this Sectlon, a person must be slxty-two (62) years of age or older, or such person wust neet the crlteria of disab1lity as establlshed by the Social Secur1ty Adnlnistration's supplemental security 1 e e lucorne prograM for the disabled (Title XVI aged, blind and of the Soc1al Secur2ty Act, as amended). In addition, no person shall be ellgible for the spec1al rebate or exeMption provided for 1n this Sect10n if such person's annual gross household income, as here1nafter defined, exceeds the max1mum dollar amount for the calendar year for which a refund 18 clalned. The naxlnun dollar anount will be establlshed and from time to t1me amended by resolut1on of the City Council. For the purposes of thlS Sectlon, "gross household incor.1e" shaLl be and include the income of every Menber of the household recelved dur1ng the year, 2ncluding, but not lirrited to, wages, anounts salarles, bonuses, tips, gross retlrePlent payments, lnsurance of pensions and annuities, benefits, social securlty dlsability paynents, life benefits, interest, capltal galns and lnheritances. (c) Notwlthstanding subsections (a) and (b), persons who receive taxable utillty service frOM Master meters, or for whon utility charges are included in 2 e e house, apartment, or other rental charges shall not be eliglhle for the special rebate Sect~on. or exe~pt1on provided for 1n th1S Persons receiving funds fro~ agency specif1cally for the any public pa~ent of likewise, such ut1lity taxes shall, not be el1gihle for the rebate prov1ded for hereln. (d) Spec1al Rebates. (1) A claim for a rebate of the utility tax pald pursuant this Chapter shall be flIed wlth the Dlrector of Flnance between May 1 and June 30 of each year for the taxes paid durlng the previous calendar year. Claims shall be submitted on for~s provlded by the Clty and all stateMents made therein shall be under oath and subJect to penalty of perJury. No rehate shall be paid under the provlsions of thlS Bectlon unless the claimant establishes his right thereto by written record showlng entitlement thereto, and the D~rector of Finance may requlre such addltional evidence as he or she deeMs necessary or appropriate in determlning such entltlement. Only one 3 e e claimant fro~ each household each year shall be entitled to a rebate. (2) ~he Dlrector of Flnance shall review each claim and shall cause a rebate to be made to the clalnant of the utlllty taxes pald by such claimant pursuant to this Chapter, or that portion of sald taxes palct WhlCh lS found to be due and owing to the claimant. If the Dlrector of Finance determines that a claim 18 faulty or that the clainant has failed to truthfully set forth the requlred facts, the claiM for rebate shall be reJected in wrltlng to the clalMant. (3) If a clalm for a rebate ~s not filed withln the perlod set forth In subsectlon (d)(l) all rights to such rebate for the previous calendar year shall be waived, dee~ed void and pernanently extinqulshed. (e) Speclal P.xemption. (1) Any person eliqible under subsections (a) and (b) May flle an appllcatlon for an exemption with the Director of Flnance. The application shall be submitted on the forms provided 4 e e by the City and all state~ents made there1.n shall be under oath and subJect to penalty of perjury. No applicatlon shall be granted unless the applicant estahl1.shes his or her riaht thereto by written thereto. record showlng ent1.tleMent The Director of Pinance may require such additional evidence as he or she deems necessary or appropriate ln determinln~ entitlement. (2) The Director of Finance shall review all such applicatlons and shall certify as exenpt those applicants deter~ined to quallfy therefor. The Director of Finance shall notlfy all serV1.ce suppliers affected that such exemptions have been approved. For each exemption, shall be supp 11.er: the follow1.ng infor~ation transnitted to the service ( 1. ) ~Jame of exempt applicant. (1.i) Account number shown on util1.ty blll. (lii) Address to WhlCh exempt service is belng suppl1.ed. 5 e e (iv) Any other ~nfor~ation as nay be necessary for the service supplier to rep-ove the exenpt service user frow ~ts tax b~ll~ng procedure. (3) Upon receipt of such notif~cation, the service suppl~er shall not be required to continue to bill any further tax i~posed by this Chapter froM such exempt serv~ce user, until further notlce by the Director of Finance 18 glven. The serVlce suppl~er shall elimlnate such exempt service user iron its tax blllinq procedure no later than 60 days after recelpt of such notice fron the Dlrector of Finance. (4) All exemptlons shall continue and be renewed automatically by the Dlrector of Flnance, so long as the prerequlslte facts supporting the lhltial qualif1cat1on for exemptlon shall cont1nue. The exemptlon shall auto- matlcally term1nate with any change In the service address or resldence of the exenpt SerV1ce user, except that such service user may apply for a new exemption. ~ e e (5) ~he D~rector of Finance shall have the r~ght and the power to demand evidence of cont~nued el~9ibil~ty of a serV~ce user for exemption. Fa~lure to prov~cte any evidence requested by the Director of Finance as is w~thin the control of a serv~ce user to so provide shall be grounds for the immed~ate discont~nuance of the Ev~dence prov~ded to the exemption. Director of Flnance upon request may not be used aga~nst such serV1ce user as evidence of v~olat~on of the provisions of this Sectlon~ such evidence may only be used as grounds for term~nat~on of the exemption. (6) Any ~ndlvidual exempt froI'1 the tax shall notlfy the Director of Finance withln 10 days of any chanoe in fact or ClrCUITlstance which wight disqualify the lndividual from receivinq such exeIT1pt~on. No person shall knowinaly receive the benefits of the exemptions provided by this section, when the basis for such exemption either does not eXlst or ceases to eXlst. 7 e e (7) Notwlthstanding any of the provlsions of this Section, any serVlce suppller who deter0ines by any neans that a new or nonexempt service user 1S recelvlng service through a neter or connect1on exempt by virtue of an exemptlon issued to a prevl0us user or exe~pt user of the sane neter or connectlon, shall lmmedlately notify the Director of Finance of such fact. The Director of F1nance shall conduct an lnvestlgation to ascertaln whether or not the provisions of this Section have been conpl1ed wlth and, If appropr1ate, order the serVlce collectlng the service user. supplier tax from to co~ence the nonexeMpt (8) If me Director of Flnance determlnes that an applicatlon for an exeMption 1S faulty or that the applicant has failed to truthfully set forth the requ1red facts, the appllcation for exenpt10n shall be denled in writing to the appllcant. (f) A determinatlon of the Dlrector of Flnance to reject a claiM for rebate or to deny an appllcatlon for 8 e e exempt~on may be appealed in accordance w~th r1un~cipal Code Sect~on 6126 within 10 days after the date of ma~l~ng of the reJection of the clai~ or denial of the application. If an appeal by an aggr~eved cla~mant or applicant ~s not taken within the 10 day period, no appeal of the decision of the D~rector of Finance nade thereafter be taken, and the determination of the D~rector of Flnance shall beco~e final. SECTION 2. Any prov~sion of the Code or appendices thereto inconslstent Santa Monlca Mun~c~pal wlth the provislons of this ordlnance, to the extent of such lnconsistencies and no further, are hereby repealed or modlfied to that extent necessary to affect the provisions of this ordlnance. SECTIor 3. If any section, subsection, sentence, clause, or phrase of this ordlnance is for any reason held to be lnvalid or unconstltutional by a dec~sion of any court of any competent Jurlsdlction, such decision shall not affect the validity of the remalnlng declares portions of the ordlnance. The City Councll hereby that it would have passed this ordlnance and each and every sectlon, subsectlon, sentence, clause or phrase not declared invalld or unconstitutional without regard to whether any portion of the ordlnance would be subsequently declared lnvalld or unconstitutional. q e It SECTION 4. The Payor shall sign and the Clty Clerk shall attest to the passage of thlS ordinance. This City Clerk shall cause the sane to be publlshed once in tre offlcial newspaper within 15 days after lts adoptlon. The ordlnance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: '~~\-'T' Robert H. Nyers -,~ Clty Attorney 10