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HomeMy WebLinkAboutORD808ORDINANCE NO.808 I f AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE' JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 8 BUSINESS BY ADDING A NEW ARTICLE 8-10 BUSINESS OCCUPATION / SURCHARGE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING /FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Be i t ordained by the Mayor and City Council of the City of Apache Junction,Arizona,as follows: SECTION I IN GENERAL That the Apache Junction City code Chapter 8 Buslness,be amended by adding a new Article 8-10 Business Occupation Surcharge to read O follows: Article 8-10 Business Occupation Surcharge Section 8-10-1 Definitions Section 8-10-2 Regulationscorfin.0,1(.1_1 Crhoduln Section 8-10-4 Delinquent Surcharges Penalty \ Section 8-10-5 Use of Funds Section 8-10-6 Civil Court Action:'Surcharge Liability Section 8-10-7 Suspension and Revbcation Section 8-10-8 Collection of Business Occupation Surcharge Section 8-10-1 Definitions In this article,unless the context otherwise requires: A."Business Occupation Surcharge"means those sums payable to the city by the business owner pursuant to Section 8-10-3 of this article./ / B."Business Owner"means any person,firm,corporation,partnership, association,joint venture,estate,trust,receiver,syndicate,or broker wHO owns,operates,or manages a business or is otherwise engaged/in the occupation of renting,leasing,or charging monies for the service of providing recreational vehicle spaces,trailer spaces,travel trailer spaces,motel or hotel rooms,tourist camp, tourist court,or campground or other spaces or units for /re'sidency by travelers or other transient tenants. / C.//"Spaces/Units"shall mean any motel rooms,hotel rooms, /recreational vehicle spaces,travel trailer spaces,campground /spaces,or other dwelling units or spaces designed for or occupied ,f by travelers or other transient tenants.I t shall not include mobile homes,mobile home spaces,apartments,single family homes, or site built multiple family units such as duplexes.I t shall ORDINANCE NO.808 PAGE 1 OF 4 not include spaces rented for the principle purpose of engaging in retail sales or other commercial activity. Section 8-10-2 Regulations For purposes of this article: // A.Nothing in this article shall exempt payment of /the siness occupation surcharge except for those exclusion's sir fied in n I A A C3ecLluno -iv -a. / B.All fees established by this article shall/be gia directly to the city./ Section 8-10-3 Schedule.\ ) A.The business occupation surcharge as set otii in the following schedule is hereby established and/shall be paid by the business owner as defined in Section 8-10 74 (B)but does not include the rental of apartments,mobile homes,mobile home spaces,site built multiple family units such as ,dbplexes,or single family homes. B.The business occupation surcharge shall be based on a period of twelve consecutive months of a calendar year and shall be due on January of each calendar Year and payable on or before March 31st of each calendar year.Payment of the surcharge may be made in three equal amounts duerand payable on or before the last days of January,February and /March of each calendar year.No interest or penalties shall be cWarg ed i f full payment is made on or before March 31st of each Calendar year.! C.The business occupation surcharge shall be assessed according to the following schedule: ./For those buspiess with 25 or less spaces/units: $4.00 x one/half the number of spaces/units x 6 months. For those/business with more than 25 spaces/units: $6.00 x(one-half the number of spaces/units x 6 months. Section 8-10-4 Delinquent Surcharges;Penalty A.The/surcharges levied under this Article shall be due and payable oryJanuary of each calendar year and delinquent on March 31 of each calendar year. B./Any business owner who is subject to the payments of the surcharge /levied under this Article shall be subject to the payment of ORDINANCE NO.808 PAGE 2 OF 4 interest and civil penalties on the delinquent surcharges in like manner as such interest and penalties are provided in A.R.S. Sections 42-134 and 42-136. Section 8-10-5 Use of Funds All funds raised as a result of the business occupation surcharge shall be used for the following city expenditures:road developmeft;community center services and expansion;Chamber of Commerce tourist information and tourism services;Main Street (Apache Trail)development;Apache Trail Holiday decorations;multi -use recreational trail ;cost of protecting the environment and complying with environmental quality regulations;matching funds for grant opportunities. Section 8-10-6 Civil Court Action:Surcharge Liability / In any action brought under or arising out of any provisions of this article,the fact that the defendant,himself,Alerself,itself or any agents or employees,is engaged in any businOs for which a business occupation surcharge is required or that such party exhibited a sign indicating a such business,shall be prima/facie evidence of the liability of such party to pay the business occupation surcharge. Section 8-10-7 Suspension and Revocation A.The City Clerk shall be authorized to suspend or refuse to renew the business license of any business who is in violation of any provision of this article.,Such suspension or refusal to renew shall continue until such violation has been fully corrected. B.The hearing and appeal process for revocation of license shall be the same as set forth ip'Section 8-5-22 of this code. Section 8-10-8 Collection of Business Occupation Surcharge. A.The surcharge imposed by this Article shall be collected by the City Clerk,who s011 be charged with the administration thereof. The surcharge of i each business shall be collected for each calendar year a' prescribed in Section 8-10-3 herein. B.Any person who purchases,or who acquires by foreclosure,by sale under deed of' trust or warranty deed in lieu of foreclosure,or by any other method,any improved real property or a portion of improved refal property upon which is located rental spaces or units which are subject to the surcharge imposed by this Article, for which the said surcharge has been paid,shall be given credit for theAnexpired period for which the surcharge has been paid for said sl:races and/or units.il /// ORDINANCE NO.808 PAGE 3 OF 4 / C.Any person who purchases,or who acquires by foreclosure,by sale under deed of trust or warranty deed in lieu of foreclosure,or by any other method,any improved real property upon which is located rental spaces or units which are subject to the surcharge imposed by this Article,for which the said surcharge has not been paid shall be responsible for payment of any delinquent surchairge that may be due. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section.subsection,sentence,phrase,clause or portion of this ordinance or any part of the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by any court of competent jurisdiction,such decision shall not affect the validity of the remaining potions thereof. SECTION IV EMERGENCY CLAUSE I t being necessary for the preservation of the peace,health and safety of the City of Apache Junction,Arizona,that this ordinance become effective immediately,an emergency is hereby declared to exist and this ordinance shall be effective immediately upon passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF ,1991. SIGNED AND ATTESTED TO THIS ATTEST: kATHLEEN CONNELLY City Clerk APPROVED AS TO FORM:! GLENN GIMBUT City Attorney ORDINANCE NO.80 PAGE 4 OF 4 PAY OF .,/ THOMAS DAM IANO Mayor ,1991.