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HomeMy WebLinkAboutOrdinance No. 2335 ORDINANCE NO. 2335 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTIONS 36934 AND 36937, REQUIRING OPERATORS OF ROCK, SAND AND GRAVEL EXTRACTION AND/OR PROCESSING BUSINESSES TO KEEP AND MAINTAIN CERTAIN RECORDS OF OPERATION. THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Enactment of this Urgency Ordinance is necessary for the immediate preservation of the public peace, health or safety for the following reasons: Azusa Municipal Code Section 5. 12 . 110 requires every person who engages in the business of extracting and/or processing rock, sand or gravel of (or) material from any real property located within the City for commercial purposes to pay a license tax to the City. By action of the City Council. the license tax fee for this activity has been set at $. 088 per ton of material extracted or processed and in the event the material is extracted or processed from real property located outside the City, the license tax fee is $. 045 per ton. Business license taxes are an important and lawful source of revenue for the City of Azusa and business license taxes and regulations are state sanctioned means for regulation of business activity carried out in the City limits of the City of Azusa. Effective enforcement of business license taxes and regulations depend on the City's ability to impose reasonable means of assuring that the provisions of its Municipal Code are being fully complied with. Effective enforcment of business license taxes and regulations depend on the City' s ability to impose reasonable penalties in appropriate situations. Under the provisions of Section 5. 08 . 210 of the Azusa Municipal Code, the amount of any license tax and penalty imposed by Title 5 of the Azusa Municipal Code is deemed to be a debt to the City and any person carrying on any business without first procuring a license from the City, is liable to the City for the amount of the license tax and penalties imposed on such business. Under the provisions of Section 5. 08 .220 of the Azusa Municipal Cod, the conviction and fine or imprisonment of any persons engaging in any business without first obtaining a license to conduct such business, does not relieve such person from paying the license tax to conduct such business. Under the provisions of Section 5. 08. 200 of the Azusa Municipal Code, it is the duty of the Business License Officer to enforce each and all of the provisions of Title 5 of the Azusa Municipal Code relating to business licenses and regulations. The Chief of Police is empowered to render such assistance in the enforcement of these provisions as may from time to time be required. The Business License Officer or his/her Deputies is 1 authorized to examine or cause to be examined all places of businesses in the City to ascertain whether the provisions of the Azusa Municipal Code are being fully complied with and in connection with such inspections, the Business License Officer and his/her Deputies have the power and authority to enter, free of charge, at any reasonable time any place of business required to be licensed herein. A study conducted by the City of Azusa has determined that inadequate records are being kept by persons engaged in the business of rock, sand or gravel extraction or processing. As a result of the inadequate records, the amount due to the City in business license taxes is extremely difficult to determine. Without adequate records, past revenue due for activities carried out during periods when records were not kept is especially difficult to compute and therefore, the amount of revenue due the City through its Business License Tax provisions may be lost and not recoverable. For every day adequate records are not kept, more revenue may be irrevocably lost to the City causing unnecessary burdens on the taxpayers of the City and on the City Treasury. SECTION 2 . A. No owner or operator of a rock, sand and/or gravel extraction or processing business shall permit any vehicle carrying any material for which a tax could be imposed under the provisions of Section 5. 12 . 110 from entering or leaving the facility without a weight ticket. A receipt of each ticket shall be kept and maintained by the owner or operator of the business. B. Each weight ticket shall contain the following information: 1. The size, empty weight and load capacity of the vehicle. 2 . The loaded weight of the vehicle carrying rock, sand and/or gravel to or from the facility. 3 . The cargo weight. C. The owner and operator of a rock, sand and/or gravel extraction or processing business shall keep and maintain accurate records on all vehicles entering or exiting the facility. D. The records kept by the owner or operator shall contain the following information: 1. The size, empty weight and load capacity of each vehicle entering or exiting his facility that is engaged in activity that could result in taxation under Section 5. 12 . 110. 2 . The loaded weight of each vehicle carrying rock, sand and/or gravel to or from the facility. 3 . For each day, the number of vehicles engaged in carrying rock, sand or gravel to or from his facility. E. Accurate scales shall be located on or immediately adjacent to the facility and shall be kept and maintained in good condition by the owner or operator of the rock, sand and/or gravel extraction and processing business and shall be routinely 2 III and regularly tested in order to ensure its accurate calibration. F. It shall be the responsibility of the owner and operator of the rock, sand and/or gravel extraction or processing business to operate the scales so that accurate weights are made and recorded. G. Scales shall be available for inspection and testing by employees of the City at any time during normal business hours. H. The records and ticket receipts required under this Section shall be available for inspection by the City's Business License Officer at all times during normal business hours. SECTION 3 . The City Council of the City of Azusa, California, hereby declares that this Ordinance is necessary for the immediate preservation of the public peace, health or safety. SECTION 4. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a 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 Azusa hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. SECTION 5. This Ordinance is hereby declared to be an Urgency Ordinance and shall take effect immediately upon its adoption by a four-fifths (4/5ths) vote of the City Council. SECTION. 6. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council and shall cause the same to be published as required by law. PASSED AND APPROVED this 15th day of December, 1986. MA 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF AZUSA ) I, ADOLPH A. SOLIS, City Clerk of the City of Azusa, California, do hereby certify that the foregoing Ordinance No. 2335 was duly adopted and passed as an Urgency Ordinance at a regular meeting of the City Council of the City of Azusa, on the 15th day of December, 1986, by the following vote to wit: 3 • AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE /7.1Z, CI Y CLERK 4