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AgdaPkt 2011-12-12
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AgdaPkt 2011-12-12
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Last modified
10/29/2012 8:43:35 AM
Creation date
12/13/2011 2:08:51 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
12/12/2011
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6.4.A. - Page 17 <br /> determination of tax due. The appeal shall be filed, processed and heard in accordance <br /> with Chapter 1 of this Municipal Code. Any amount found to be due shall be immediately <br /> due and payable upon the service of notice of decision. <br /> Section 27. Section 32.124 of the Redwood City Municipal Code regarding appeals of <br /> business license tax determinations is hereby amended to read as follows: <br /> 32.124. - APPEALS BY AGGRIEVED PERSONS: <br /> Any person aggrieved by any decision of the Director with respect to the issuance of or <br /> refusal to issue a license or the amount of a license tax may appeal such decision to the <br /> City Council by filing a notice of appeal with the City Clerk within fifteen (15) days of the <br /> date of the notice of such decision. The appeal shall be filed, processed and heard in <br /> accordance with Chapter 1 of this Municipal Code. The amount of any license tax finally <br /> determined as provided in this Section or Section 32.123 shall be due and payable as of <br /> the date the original license tax was due and payable together with any penalties that <br /> may be due thereon; provided, however, if the amount of such license tax shall be fixed <br /> in accordance with the original statement of the applicant, then no penalty shall attach by <br /> reason of any delinquency. <br /> Section 28. Section 32.520 of the Redwood City Municipal Code regarding appeals of utility <br /> user's tax determinations is hereby amended to read as follows: <br /> 32.520. - APPEALS: <br /> A. The provisions of this Section apply to any decision (other than a decision relating to <br /> a refund pursuant to Section 32.519 of this Article), deficiency determination, <br /> assessment, or administrative ruling of the Tax Administrator. Any person aggrieved <br /> by any decision (other than a decision relating to a refund pursuant to Section 32.519 <br /> of this Article), deficiency determination, assessment, or administrative ruling of the <br /> Tax Administrator, shall be required to comply with the appeals procedure of this <br /> Section. Compliance with this Section shall be a prerequisite to a suit thereon. [See <br /> Government Code Section 935(b).] Nothing herein shall permit the filing of a claim or <br /> action on behalf of a class or group of taxpayers. <br /> B. If any person is aggrieved by any decision (other than a decision relating to a refund <br /> pursuant to Section 32.519 of this Article), deficiency determination, assessment, or <br /> administrative ruling of the Tax Administrator; he or she may appeal to the City <br /> Council by filing a notice of appeal with the City Clerk within fifteen (15) days of the <br /> date of the notice of decision, deficiency determination, assessment, or <br /> administrative ruling of the Tax Administrator which aggrieved the service user or <br /> service supplier. <br /> C. The appeal shall be filed, processed and heard in accordance with the provisions of <br /> Chapter 1 of this Municipal Code. The notice of decision shall be given within <br /> fourteen (14) days after the conclusion of the hearing and shall state the reasons for <br /> the decision. The notice shall specify that the decision is final and that any petition <br /> for judicial review shall be filed within ninety (90) days from the date of the decision <br /> in accordance with Code of Civil Procedure Section 1094.6. If the City Manager fails <br /> or refuses to act on a refund claim within the fourteen (14) day period, the claim shall <br /> be deemed to have been rejected by the City Manager on the fourteenth (14th) day. <br /> ATTY/ORD/DRAFTS/APPEALS/AMENDING MUNI CODE APPEAL <br /> R EV: 11 /28/11 <br /> Page 11 of 17 <br />
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