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Municipal Code, Complete - City of Santa Barbara

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4.37.110 Information Confidential.<br />

The information furnished or secured pursuant to this Chapter relative to gross sales or number <strong>of</strong> employees shall<br />

be confidential only to the extent provided by State law. (Ord. 4719, 1991.)<br />

4.37.120 Assessment Deemed Debt to <strong>City</strong>.<br />

The amount <strong>of</strong> any assessment imposed by this chapter shall be deemed a debt to the <strong>City</strong>, and any person<br />

carrying on any business without paying a assessment as herein required, shall be liable to an action in the name <strong>of</strong><br />

the <strong>City</strong> in any court <strong>of</strong> competent jurisdiction, for the amount <strong>of</strong> the assessment imposed on such business by this<br />

chapter, together with all penalties then due thereon. (Ord. 4719, 1991.)<br />

4.37.130 Failure to Pay Assessment - Determination <strong>of</strong> Assessment Due.<br />

If any person fails or refuses to make within the time provided by this Chapter, any report and remittance <strong>of</strong> the<br />

assessment or any portion there<strong>of</strong> required by this chapter, the Finance Director shall proceed in such manner as he<br />

may deem best to obtain facts and information on which to base his estimate <strong>of</strong> the assessment due. As soon as the<br />

Finance Director procures such facts and information as he is able to obtain upon which to base the assessment <strong>of</strong> any<br />

assessment imposed by this chapter and payable by any person who has failed or refused to make such report or<br />

remittance, he shall proceed to determine and assess against such person the assessment and penalties provided for by<br />

this chapter. In case such determination is made, the Finance Director shall give a notice <strong>of</strong> the amount so assessed<br />

by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the person so<br />

assessed at his last known place <strong>of</strong> address. Such person may, within ten (10) days <strong>of</strong> the serving or mailing <strong>of</strong> such<br />

notice make application in writing to the Finance Director for a hearing on the amount assessed. If application by the<br />

person for a hearing is not made within the time prescribed, the assessment and penalties determined by the Finance<br />

Director shall become final and conclusive and immediately due and payable. If such application is made, the<br />

Finance Director shall give not less than five (5) days written notice in the manner prescribed herein to the person to<br />

show cause at the time and place fixed in said notice why said amount specified therein should not be fixed for such<br />

assessment and penalties. At such hearing the person may appear and <strong>of</strong>fer evidence why such specified assessment<br />

and penalties should not be so fixed. After such hearing, the Finance Director shall determine the proper assessment<br />

to be remitted and shall thereafter give written notice to the person in the manner prescribed herein <strong>of</strong> such<br />

determination and the amount <strong>of</strong> such assessment and penalties. The amount determined to be due shall be payable<br />

after fifteen (15) days. The decision <strong>of</strong> the Finance Director shall be final and conclusive. (Ord. 4719, 1991.)<br />

4.37.140 Records - Inspection.<br />

It shall be the duty <strong>of</strong> every person liable for the payment to the <strong>City</strong> <strong>of</strong> any assessment imposed by this chapter to<br />

keep and preserve for a period <strong>of</strong> three (3) years all records as may be necessary to determine the amount <strong>of</strong> such<br />

assessment as he may have been liable for, which records the Finance Director shall have the right to inspect at all<br />

reasonable times. (Ord. 4719, 1991.)<br />

4.37.145 Annual Assessment Report and Assessment Resolution.<br />

The <strong>City</strong> Council hereby designates the Downtown Parking committee as the "advisory board" to prepare an<br />

assessment report for each fiscal year and to forward such report to the <strong>City</strong> Council prior to the beginning <strong>of</strong> each<br />

fiscal year. The <strong>City</strong> Council will consider such report and take those actions necessary to levy the annual PBIA<br />

assessment as it may deem necessary and appropriate, all as described in more detail in "Parking and Business<br />

Improvement Area Law <strong>of</strong> 1989." (Ord. 4719, 1991.)<br />

4.37.150 Enforcement.<br />

The <strong>City</strong> Finance Director shall enforce the provisions <strong>of</strong> this Chapter. (Ord. 4719, 1991.)<br />

4.37.160 Boundaries.<br />

The boundaries <strong>of</strong> the Downtown Parking and Business Improvement Area <strong>of</strong> 1999 and the various zones <strong>of</strong><br />

charge within the Area shall be as shown on a map on file with the <strong>City</strong> Clerk which map is entitled the "Parking and<br />

Business Improvement Area <strong>of</strong> 1999 Map". (Ord. 5126, 1999; Ord. 4719, 1991.)<br />

78-4 rev. 6/30/10

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