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HomeMy WebLinkAboutNS-2147 - Amending Section of Santa Ana Municipal Code to Provide Level of Low Income Household Exemption or/5 REL: 9/6/91 ORDINANCE NO. NS-2147 r AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 35-165 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT THE LEVEL OF THE LOW INCOME HOUSEHOLD EXEMPTION FROM THE UTILITY USERS TAX SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 35-166 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 35-166. Low income household exemption. (a) The utility users tax imposed by this code shall not apply to any service user who uses telephone, electric, gas or water services in or upon any premises occupied by such service user, provided the combined gross income of all members of the household in which such user resided was less than the Low Income Household Exemption Level for the calendar year prior to the fiscal year (July 1 through June 30) for which the exemption provided in this section is applied for. The Low Income Household Exemption Level shall be established by resolution of the city council. The exemption granted by this section shall not eliminate the duty of the service supplier to collect taxes from such exempt individual or the duty of such exempt individual to pay such taxes to the service supplier, unless an exemption is applied for by the service user and granted in accordance with the provisions of subsection (b) hereof, (b) Any service user exempt from the taxes imposed by this code because of the provisions of subsection (a) above, may file an application with the tax administrator at the department of finance, city hall, for an exemption. Such application shall be made upon forms supplied by the tax administrator and shall recite facts under oath which qualify the applicant for an exemption. The tax administrator shall review all such applications and certify as exempt those applicants determined to qualify therefor and shall notify all service suppliers affected that such exemption has been approved, stating the name of the applicant, the address to which such exempt service is being supplied, the account number, and such other information as may be necessary for the service supplier to remove the exempt service user from its tax billing procedure. Upon receipt of such notice, the 1 ORDINA~CE NS-2147 Page 2 Ot/7 ,- service supplier shall not be required to continue to bill any further tax imposed by this code from such exempt service user until further notice by the tax administrator is given. The service supplier shall eliminate such exempt service user from its tax billing procedure upon receipt of such notice from the tax administrator, no later than sixty (60) days after receipt of such notice from the tax administrator, All exemptions shall be renewed annually by the exempt service user during the annual renewal period of April 1 through April 30. The tax administrator shall notify all service suppliers by May 31 of exempt service users who did not renew during the annual renewal period. Each service supplier shall include the service users specified in such notice in its tax billing procedure no later than sixty (60) days after receipt of such notice from the tax administrator. Exemptions shall automatically terminate with any change in the service address or residence of the exempt individual; provided such individual may nevertheless apply for a new exemption with each change of address or residence. Any individual exempt from the tax shall notify the tax administrator within ten (10) days of any change in fact or circumstance which might disqualify said individual from receiving such exemption, It shall be a misdemeanor for any person to knowingly receive the benefits of the exemptions provided by this section when the basis for such exemption either does not exist or ceases, Notwithstanding any of the provisions of this subsection, however, any service supplier who determines by any means that a new or nonexempt service user is receiving service through a meter or connection exempt by virtue of an exemption issued to a previous user or exempt user of the same meter or connection, such service supplier shall immediately notify the tax administrator of such fact and the tax administrator shall conduct an investigation to ascertain whether or not the provisions of this section have been complied with and, where appropriate, order the service supplier to commence collecting the tax from the nonexempt service user. 2 ORDINANCE NS-2147 Page 3 0'/9 l r- SECTION 2: Reference is hereby made to the Low Income House- hold Exemption Level specified in section 35-165 of the Santa Ana Municipal Code as amended by this ordinance. Until such time as a different schedule is provided in a resolution of the city council, the Low Income Household Exemption Level of a service user shall be based on the size of the service user's household in accordance with the fo1lowing schedule: Familv size Low Income Household Exemption Level 1-2 3 4 5 6 or more $14,300 $16,900 $20,200 $23,500 $26,800 plus $3,300 for each person in excess of 6 SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and 3 ORDINANCE NS-2147 Page 4 081 d appertaining shall continue in full force obligations thereun er and effect. ADOPTED this 7th day of ~~ October 1992-. r-' ATTEST: Daniel H. Young Mayor COUNCILMEMBERS: Young, Pulido Acosta Griset McGuigan Norton Richardson Aye Aye Aye Aye Aye Ave Aye APPROVED AS TO FORM: Ee~6-, city Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance N5-~/';7 to be the original ordinance adopted by the City Council of the City of Santa Ana on /O-7-"jf ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. IIP- I~-t:f/ th Council, Date of Santa Ana