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CITY OF SAN BI!RN&DINO - RI!QUI!ST Fb\ COUNCIL ACTION
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Lee Gagnon, Business
License SUpervisor
City Clerk
October 16, 1990
Subject: Ordinance aIIE!Ilding Chapter 5.04 of
SBM: relating to lien process for
delinquent license fees.
Dept:
Date:
Synopsis of Previous Council action:
10-6-90:
J\dc.pl:.ed ordinance IlUIli:lers K;-744 and K;-745 relating
to wsiness licenses and fees.
Recommended motion:
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'lliat further reading of said ordinance be waived and said
ordinance be laid over for final adoption.
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{ Signature
Contact person:
,
Lee Gagnon, Bus. License SUpervisor Phone: 384-5036
Supporting data attached: Staff ReflOl:l
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No,)
(Acct. Descriotion)
Finance:
Oneil Notes:
Agenda Item No
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CITY OF SAN 8ERN~DINO - REQUEST FcQ COUNCIL ACTION
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15-0264
STAFF REPORT
On July 1, 1989 the total number .of business license accounts
maintained by the Business License Division of the City Clerk's
Office was 10,920. As of October 1, 1990 the number of business
license accounts maintained is 18,805 or a 72% increase.
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with the increase in the number of business licenses there has
also been a proportionate increase in the number of delinquent
accounts. A large number of delinquent accounts are apartments
or apartment complexes. In many instances the owners change
rapidly and a substantial percentage of the owners are located
outside the city. Out of town property owners contribute
significantly to our enforcement and collection problems
relative to delinquent license fees.
In the near future we will be faced with a dramatic increase in
the number of delinquent accounts with respect to the single
family rental license program. We now know that 54% of the
single family rental owners reside outside the City of San
Bernardino and therefore will add to an already si.zeable
enforcement problem with respect to delinquent accounts. In
many cases we could see large numbers of properties changing
owners with the City never collecting the business license fees
due.
To reduce our enforcement costs per account and assure that the
City obtains the license fees due, we propose a Municipal Code
provision to permit liens to be filed against those properties
with delinquent business licenses. This would provide a
collection mechanism no matter where the property owner lived
or how many times the property was sold.
With the enactment of this Municipal Code provision, license
inspectors would have more time to concentrate on license and
enforcement activities relative to other businesses and could
more efficiently utilize their time.
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City of San Bernardino
INTEROFFICE MEMORANDUM
9010-202
TO:
FROM:
Dennis Barlow, Deputy City Attorney
Lee Gagnon, Business License Supervisor
SUBJECT:
Lien Process for Delinquent License Fees
DATE:
October 10, 1990
I have attached the
delineating the lien
business license fees.
proposed
process as
Municipal Code provision
it applies to delinquent
If the language is appropriate I am asking that an ordinance
be prepared amending Chapter 5.04 of SBMC and adding section
5.04.076 relating to the lien process for delinquent license
fees.
I have sent the attached Request For Council Action form and
Staff Report to the City Administrator to be placed on the
next appropriate council agenda which I understand will be
November 5, 1990.
If you have any questions please give me a call at 5036.
Thank you for your assistance.
J Cl/.
7I"~
.A...e-<:: -~
LEE GAGNON
Business License
Business License
~
Supervisor
Division
LG:dkk
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5.04.076 Assessments-Delinquent Licenses
A. Whenever delinquent business license fees and
appropriate penalties cannot be collected after
proper notification of the property/business owner,
the total uncollected amount including penalties
and administrative fees shall become assessments
and the City Clerk or her duly authorized
representative shall compile a list of such
assessments together with parcel number
designations and addresses upon which the
assessments are being fixed.
B.
Notice of hearing and confirmation of assessments.
A notice of the right to appeal
Common Council will be issued
property holders.
to the Mayor and
to all affected
A resolution shall be prepared imposing liens on
certain parcels of real property located within the
City of San Bernardino for unpaid business license
fees, penalties and administrative fees.
After a hearing and upon confirmation of the
imposition of the liens, the City Clerk shall file
a certified copy of the approved resolution with
the Auditor of the County of San Bernardino, State
of California, directing that said sum be entered
as lien charges against said property as it appears
on the current assessment rolls. Liens will be
collected at the same time and in the same manner,
subject to the same penalties and interest upon
delinquencies, as the general taxes for the City of
San Bernardino are collected. The City Clerk shall
present for recording appropriate notices of the
imposition of these liens with the County Recorder.
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
5.04.076 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO LIENS
FOR DELINQUENT BUSINESS LICENSE FEES.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1.
Section 5.04.076 is hereby added to the San
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Bernardino Municipal Code to read as follows:
"5.04.076 Assessments; Delinquent Licenses; Liens
A. Whenever delinquent business license fees. and
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appropriate penalties cannot be collected after proper
notification to the property/business owner, the total
uncollected amount including penalties and
administrative fees shall become assessments, and the
City Clerk or his or her duly authorized
representative shall compile a list of such
assessments together with parcel number designations
and addresses upon which the assessments are being
fixed.
B. After notice and hearing, and upon confirmation of
the imposition of the liens by resolution of the Mayor
and Common Council, the City Clerk shall file a
certified copy of the approved resolution with the
Auditor of the County of San Bernardino, State of
California, directing that all unpaid business license
fees, penalties and administrative fees be entered as
lien charges against said property as it appears on
the current assessment rolls. Liens will be collected
at the same time and in the same manner, subject to
DAB/ses/Lien.ord
October 19, 1990
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AN ORDINANCE. .ADING SECTION 5.04.076. . .RELATING TO
LIENS FOR DELINQUENT BUSINESS LICENSE FEES.
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the same penalties and interest upon delinquencies, as
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the general taxes for the City of San Bernardino are
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collected. The City Clerk shall present for recording
appropriate notices of the imposition of these liens
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with the County Recorder."
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I HEREBY CERTIFY that the foregoing ordinance was duly
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Bernardino at a
meeting thereof, held on the
, 1990, by the following vote, to wit:
day of
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
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The foregoing ordinance is hereby approved this
day
of
, 1990.
23 W. R. HOLCOMB, Mayor
City of San Bernardino
24 Approved as to
form and legal content:
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JAMES F. PENMAN,
26 City Attorney
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D es/Lien.ord
Oc ober 19, 1990