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O2450City Council Meeting: December 10, 2013 Santa Monica, California ORDINANCE NUMBER 2450 (CCS) (City Council Series) A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE SECTION 2.12.260 GRANTING LIMITED AUTHORITY TO THE FINANCE DIRECTOR TO WAIVE DEBTS AND TAXES WHEN DEEMED UNCOLLECTABLE AND MAKE AVAILABLE AS A MATTER OF PUBLIC RECORD A LIST OF THE LARGEST TAX AND LICENSE DELINQUENCIES. WHEREAS, the City of Santa Monica is committed to utilizing best practices in all aspects of the public's work including, in particular, fiscal management; and WHEREAS, in 2004, the Council granted the Director of Finance the authority to settle tax disputes by waiving interest and penalties; and WHEREAS, the Director of Finance has carefully exercised this authority to reasonably settle disputes and enhance the City's tax collection process; and WHEREAS, in the course of administering the City's finances, debts may become uncollectable; and WHEREAS, experience at all levels of government has shown that writing -off uncollectable debt promotes transparency and enhances government accountability. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 2.12.260 is hereby amended to read as follows: 2.12.260 Department head and duties. (a) The head of the Finance Department shall be the Director of Finance who shall be appointed by the City Manager. The Director of Finance, who shall also be the City Controller, shall coordinate and supervise all activities of the Finance Department. The Director of Finance shall have the authority to settle tax, fee or other accounts payable disputes by reducing or waiving amounts due or establishing payment plans, if such payment plans, reduction or waiver serves to promote the City's fiscal welfare by expeditious payment, enhancing revenue, or otherwise. (b) The Director of Finance is authorized to waive tax, fee or debt principal owed to the City only when such tax, fee or debt is deemed uncollectable consistent with the following provisions: (1) All reasonable efforts have been made to collect the tax, fee or debt. (2) The waiver is in the public's interest and will not cause undue harm to the City's fiscal welfare. (3) The amount to be waived does not exceed fifty- thousand dollars $50,000 per account. (4) The waiver of any tax, fee or debt principal is not for the purpose of settling a legal dispute, except where collection is clearly foreclosed by statute of limitations as determined by the City Attorney. (c) The Finance Director may publish and make available as a matter of public record a list of the largest tax delinquencies and their associated taxpayers, where all of the following apply: (1) The tax delinquency is in excess of five thousand dollars ($5,000). (2) The tax has been delinquent for more than ninety (90) days. (3) The taxpayer is not on an approved payment plan or filed for such payment plan which is under review. (d) The Finance Director may publish and make available as a matter of public record a list of the businesses that are operating without a license and have failed to apply for or renew a business license. 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 further, is hereby repealed or modified to that extent necessary to effect 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 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. K 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 30 days from its adoption. APPROVED AS TO FORM: k 'mil MA SHA J01 4S MOUTRIE City Attorney 0 Approved and adopted this 10th day of December, 2013. �-' Wt. ai�� - Kevin McKeown, Acting Chair State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2450 (CCS) had its introduction on November 26, 2013, and was adopted at the Santa Monica City Council meeting held on December 10, 2013, by the following vote: Ayes: Councilmembers: Davis, Holbrook, Vazquez, Winterer Acting Chair McKeown Noes: Councilmembers: None Absent: Councilmembers: Mayor Pro Tern O'Day, Mayor O'Connor A summary of Ordinance No. 2450 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Sarah P. Gorman, City Clerk