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HomeMy WebLinkAboutOrdinance 636URGENCY ORDINANCE NO. 636 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE ADMINISTRATIVE SERVICES DIRECTOR TO DELAY LATE FEES AND PENALTIES FOR DELINQUENT TRANSIENT OCCUPANCY TAX (TOT) AND ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT (ATBID) ASSESSMENT REVENUES RECEIVED FOR JANUARY, FEBRUARY AND MARCH 2020 TRANSIENT LODGING SERVICES UNTIL AUGUST 31, 2020 WHEREAS, on Tuesday, March 17, 2020, the City Council declared a State of Emergency in response to the global health crisis and pandemic brought on by COVID-19 (Coxdnavirus); and WHEREAS, due to the immediate effect of the emergency shelter-at-heme directive on the lodging industry, many hoteliers have inquired about the possibility to delayY mittance of the collected transient occupancy tax; and _ WHEREAS, City staff has considered the projected COVID-19 losses and the possibility to assist the City's lodging partners who are directly impacted by State and local shelter -at-home orders; and WHEREAS, the Council wishes to temporarily suspend the imposition of adopted penalties for late payment of currently due payments because the COVID-19 pandemic is acutely and disproportionately impacting the local lodging and hotel industry. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Notwithstanding anything to the contrary in Chapter 3.08 of the Atascadero Municipal Code, penalties applicable to late payments are hereby temporarily suspended and the Administrative Services Director is authorized to delay imposition of late fees and penalties for late payment to the City of Transient Occupancy Tax (TOT) and Atascadero Tourism Business Improvement District (ATBID) revenues received by lodging establishments for January 2020, February 2020 and March 2020 transient occupancy lodging services until August 31, 2020. SECTION 2. Nothing herein shall relieve any person or entity of its obligation to pay and to remit to the City amounts otherwise due and any late fees or penalties that otherwise would have become due for failure or refusal to pay amounts due for January, February and March 2020 and shall be assessed and shall become due and payable to the City if the referenced TOT payments due to the City have not been made in full by August 31, 2020. SECTION 3. This Ordinance shall become effective immediately upon passage and adoption thereof, as it is an urgency ordinance intended to immediately protect the public welfare, health and safety. City of Atascadero Ordinance No. 636 Page 2 of 2 SECTION 4. Publication. The City Clerk shall certify to the adoption of this Urgency ^ Ordinance no later than fifteen (15) days following the passage of this Urgency Ordinance, the I Urgency Ordinance, along with the names of the City Council members voting for and against the Urgency Ordinance, shall be published in a newspaper of general circulation in the City of Atascadero. PASSED AND ADOPTED by the City Council of the City of Atascadero, California, held on the 14th day of April 2020, by a vote of at least four-fifths of the City Council. CITY OF ATASCADERO Heather Moreno, Mayor ATTEST: 7A au,q Amanda MuthLr, I3dputy City Clerk APPROVED AS TO FORM: w. 41cni Brian A. Pterik, City Attorney STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss CITY OF ATASCADERO ) I, AMANDA MUTHER, Deputy City Clerk of the City of Atascadero, DO HEREBY CERTIFY that Urgency Ordinance No. 636 was adopted at a regular meeting of the City Council held on the 14th day of April, 2020 by the following roll call vote, to wit: AYES: Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno NOES: None ABSENT: None AMANDA MUTHE , DEPUTY CITY CLERK I hereby certify that the foregoing is the original of Urgency Ordinance No. 636 duly passed and adopted by the Atascadero City Council at their regular meeting held on April 14, 2020 and a copy of the Ordinance was published on April 21, 2020 in The Tribune newspaper. _ — -- 1 i AMANbA-MUTHLKf EPUTY CITY CLERK