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HomeMy Public PortalAboutORD14407 BILL NO. 2008-60 • SPONSORED BY COUNCILMAN Medin ORDINANCE NO. 144-07 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AMENDING CHAPTER 1 (GENERAL PROVISIONS) TO ADD A PROCEDURE TO APPEAL PAYMENT OF FEES, TAXES AND LICENSE CHARGES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: ISection va 1. Chapter 1 (General Provisions) is hereby amended by adding a new Section-2�"(Payment of fees, taxes and license charges under protest) as follows: See.2--brPayment of fees,taxes and license charges under protest. A. If no other procedure is established by law for protesting a fee, tax or license charge, then a person who has paid any fee,tax or license charge shall protest at the time of paying such fee, tax or license charge,or within 30 days thereafter,by filing with the Finance Department of the city a written statement setting forth the grounds on which the protest is based,the true value of the money in dispute,the date when the fee,tax or license charge was paid and proof that the • person making the claim paid the fee,tax or license charge. B. If no other procedure is established by law for protesting a fee, tax or license charge, and a person has paid a fee,tax or license charge prior to the passage of this ordinance,such person shall have the right to protest the payment of the fee,tax or license charge provided the statute of limitations has not expired on the claim,and the claim is filed within 30 days of the passage of this ordinance with the Finance Department of the city setting forth therein a statement of the grounds on which the protest is based,the true value of the money in dispute,the date when the fee,tax or license charge was paid and proof that the person making the claim paid the fee, tax or license charge. C. The Finance Department shall set aside,in a separate fund,all or part of such fee,tax or license charge which is in dispute under subsection A.Within 60 days after the filing of the protest under subsection A or B,an administrative hearing officer appointed by the city administrator shall hold a hearing on the protest. D. If the protest is invalid the Finance Department shall,when such decision is final,disburse to the proper official the fee,tax or license charge impounded as authorized by the laws of the city. E. If the protest is valid,then the Finance Department shall,when the decision is final,refund to the person who protested the fee,tax or license charge the amount found to be invalid, plus interest computed at a rate equal to that received on the city's average daily collected bank balance on the sum from the time it was paid to the city. F. Nothing in the section shall preclude the city from exercising its rights to determine the Drafter's Note: Delet ed text is shown tlma. Inserted text is shown thus enforceability and applicability of this section when a person challenges such authority • wherever and however such rights may be asserted under applicable law. G. The Hearing procedure for all hearing brought under this section shall be as follows: 1. Procedures: a. The Hearing shall be open to the public and on the record. b. The City Administrator shall appoint a Hearing Officer to conduct the hearing. C. The Hearing Officer shall rule upon all motions by the parties. d. Any party to the Hearing,may be represented by counsel and have the right to present evidence. e. The technical rules of evidence shall not apply in the hearing. Any relevant evidence may be admitted and considered by the Hearing Officer if it is the sort of evidence of which responsible persons are accustomed to rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given by the Hearing Officer. f. All testimony shall be under oath,which may be administered by the Hearing Officer. g. A recording shall be made by the City or a written record of the hearing may be made by a reporter to be employed by the City,the cost of which shall be paid by the City should the proceeding be eventually held against the City and by the applicant if it should not. h. All decisions by the Hearing Officer must be made upon substantial and competent evidence presented at the hearing 2. Conduct of the Hearing. a. The Hearing shall proceed in the following manner. The City will allowed to present its evidence first. Witnesses called by the City will be directly • examined with an opportunity for the opposing party to cross-examine, followed by an opportunity for the City to re-direct. Once the City's case is presented,the opposing party will have an opportunity to present his or her case. The same procedure for questioning witnesses will be followed. Then the City will have an opportunity for rebuttal,if it so chooses. Finally,the City and the applicant will have an opportunity to make closing remarks in that respective order. b. The Hearing Examiner shall then cause to be issued findings of fact and conclusions of law explaining the decision based upon the evidence presented and the decision of the Hearing Examiner within 30 days of the date of the hearing. C. Notice of the decision shall be provided to all parties pursuant to Chapter 536 RSMo. d. Any person aggrieved by this decision,including the city,shall,within 30 days after notice of the ruling as required by Chapter 536 RSMo.,file his or her administrative appeal pursuant to the rules established in Chapter 536 RSMo., for review of a contested case in the circuit court of Cole County.If no action is taken to appeal the decision of the administrative hearing officer as required by Chapter 536 RSMo.,the decision shall be final. Drafter's Note: Deleted text is shown tuna. Inserted text is shown thus Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: /S Approve J� residing Officer Mayor ATTEST: APPROVED S FO M: ity CIA City ounselor • Drafter's Note: Deleted text is shown thus. Inserted text is shown thus