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HomeMy Public PortalAboutOrd 0402 ORDINANCE NO. 402 AN ORDINANCE OF THE CITY OF RANCHO MIRAGE AMENDING CERTAIN SECTIONS OF CHAPTER 3.24 PERTAINING TO TRANSIENT OCCUPANCY TAX. THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1: Section 3.24.080 of the Rancho Municipal Code shall be amended to read as follows: Mirage 3.24.080 Delinquency and fraud--Penalties. A. Any operator who fails to pay any tax to the city or any amount of tax required to be collected and paid to the city, including amounts based on determinations made by the tax administrator under Section 3.24.090 of this chapter, within the time required, shall pay a penalty of fifteen (15%) percent of the tax plus interest at the rate of one and one-half (1-1/2%) percent per month, or frac- tion thereof, from the date on which the tax or the amount of tax required to be collected becomes due and payable to the city until the date of payment. Any operator who fails to remit any penalty imposed under this section within ten (10) days after receipt of notice thereof shall pay interest thereon at the rate of one and one-half (1-1/2%) percent per month, or fraction thereof, from the date on which the penalty becomes due and payable to the city until the date of payment. B. If the tax administrator determines that the non- payment of any remittance due under this chapter is due to misrepresentation or fraud, a penalty of one hundred (100%) percent of this amount of the tax shall be added thereto in addition to the penalties stated in subsection A of this section. Section 2: following: Section 3.24.250 shall be amended to add the (c) For any person who willfully fails to pay the payments required of this Chapter. Section 3: CEQA. project nor will it environment. The passage of this Ordinance is not a have a significant impact on the Section 4: Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Rancho Mirage hereby declares that it would have passed this ordinance, and each section, subsection, clause, sentence or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, sentences or phrases may be declared invalid or unconstitutional- Section 5: Savings Clause. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of the ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions application to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Section 6: The City Clerk shall certify to the passage hereof and cause the same to be posted as required by law. This ordinance shall take effect on the 30th day following the date of its adoption. PASSED AND ADOPTED this 1988. 18th day of FEBRUARY ATTEST Barbara E. Dohn, City Clerk PP A ~OVED! 'I! TO ~ORM i~ty Attorney CITY OF RANCHO MIRAGE BYJe ~ ~ ~j~~~n, Mayor