HomeMy WebLinkAbout1779 ORDINANCE NO. 1779
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTIONS 3.16.011, 3.16.012,
AND 3.16.013 TO, AMENDING SECTIONS 3.24.140,
3.24.180, 3.24.200, 3.24.210, 3,24.250 AND SUBSECTION
(8) OF SECTION 3.24.020 OF, AND REPEALLING
SECTIONS 3.24.130 AND 3.32.216 OF, THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO CLAIMS
FOR RECOVERY OF TAXES.
City Attorneys Summary
This Ordinance codifies the City's existing practice and
interpretation of Title 3, Division I of the Palm Springs
Municipal Code by explicitly adopting the `pay first/litigate
later" provisions. This Ordinance also includes clean-up
provisions for internal consistency and consistency with
State law for certain provisions of the City's transient
occupancy tax.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
SECTION 1. Section 3.16.011 is added to the Palm Springs Municipal Code to read:
3.16.011 Enjoining Collection Forbidden — Claims for Recovery of Taxes
A. No injunction or writ of mandate or other legal or equitable process shall issue in
any suit, action or proceeding in any court against the City or an officer thereof, to
prevent or enjoin the collection of taxes sought to be collected pursuant to this Title.
B. Payment of all tax, interest, and penalties shall be required as a condition
precedent to seeking judicial review of any tax liability.
C. No suit or proceeding for the recovery of taxes, penalties, or interest alleged to
have been erroneously or illegally determined or collected may be filed unless a claim of
such taxes has been filed and rejected in accordance with the provisions of this
Chapter.
SECTION 2, Section 3.16.012 is added to the Palm Springs Municipal Code to read:
3.16.012 Basis For Tax Refund To Be Stated
A claim for the recovery of taxes subject to the provisions of this Chapter may be
filed by any taxpayer or the taxpayer's guardian, executor, conservator, or administrator
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if the payment of such tax has been accompanied by a written statement, signed by the
taxpayer or the taxpayer's guardian, executor, conservator, or administrator which
states that the tax was paid under protest, or other basis for the requested refund.
These provisions shall not be construed as relieving any person of the obligation to
make full payment of any taxes owed or assessed.
SECTION 3. Section 3.16.013 is added to the Palm Springs Municipal Code to read:
3.16.013 Tax Refund Claims Procedures
A. A claim for the recovery of any taxes paid under protest shall be filed in writing by
the taxpayer or by the taxpayer's guardian, executor, conservator or administrator with
the City Attorney no later than one year after the date of the payment under protest. The
claim shall be deemed to be filed on the date of receipt by the City Attorney. Any such
claim shall indicate the following information:
1. The name and address of the taxpayer, and, where applicable, the
taxpayer's guardian, executor, conservator or administrator.
2. The amount of tax paid and the amount assessed, the payment date and
that nature of any taxes paid, including the address of any property to which the
tax is applicable.
3. A description of the specific reasons for the request for refund.
4. The signature of the taxpayer or the taxpayer's guardian, executor,
conservator, or administrator following and accompanied by a contemporaneous
statement that the information on the claim has been provided under penalty of
perjury.
B. No claim may be filed on behalf of a class of taxpayers or on behalf of any
person other than the taxpayer filing the claim unless the membership of the class is
identified with particularity; provided, however, that any claim filed on behalf of a class
of taxpayers shall be further limited to persons who have paid their taxes under protest
during the twelve months immediately preceding the filing of the class claim.
SECTION 4. Sections 3.24.130 and 3.32.216 are repealed.
SECTION 5. Subsection (8) of Section 3.24.020 of the Palm Springs Municipal Code is
amended to read:
(8) "Transient" means any person who exercises occupancy or is entitled to occupancy
by reason of concession, permit, right of access, license, time-share arrangement or
ownership or agreement, or other agreement of whatever nature, for a period of twenty-
eight consecutive calendar days or less, counting portions of calendar days as full days.
Any person so occupying space in a hotel shall be deemed to be a transient if his actual
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total period of occupancy does not exceed twenty-eight days. Unless days of occupancy
or entitlement to occupancy by one person are consecutive without any break, then
prior or subsequent periods of such occupancy or entitlement to occupancy shall not be
counted when determining whether a period exceeds the stated twenty-eight calendar
days.
SECTION 6. In order to ensure consistency between the provisions of state law and the
Palm Springs Municipal Code, the term "three years" as used in Sections 3.24.140,
3.24.180, 3.24.200, 3.24.210, and 3.24.250 is amended to read "four years."
SECTION 7. This Ordinance reflects the City of Palm Springs longstanding and
consistent understanding and application of the law of the State of California, including
without limitation Article XIII, Section 32 of the California State Constitution and Section
3.32.216 of this Code which is being repealed and readopted pursuant to this
Ordinance. This Ordinance is therefore declaratory of existing law.
SECTION 8. The City Council has determined that this Ordinance does not constitute a
"project" as that term is defined by the California Environmental Quality Act (CEQA),
Public Resources Code Section 21000, et seq., and therefore, in accordance with
Section 15061(b)(3) OF Title 14 of CEQA, environmental review is not required.
SECTION 9. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
ADOPTED THIS 215t DAY OF JULY, 2010.
Stephen . Pougnet, Mayo
ATTEST:
mes Thompson, City Clerk
Ordinance No. 1779
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1779 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 7t day of July,
2010, and adopted at a regular meeting of the City Council held on the 21 st day of July,
2010, by the following vote:
AYES: Councilmember Weigel, Mayor Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat and Councilmember Mills.
ABSTAIN: None.
mes Thompson, City Clerk
City of Palm Springs, California ag /