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HomeMy WebLinkAbout2271ORDINANCE NO. 2271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADDING SECTION 1909 TO CHAPTER 9 OF ARTICLE I OF THE ARCADIA MUNICIPAL CODE REQUIRING PERSONS FILING LEGAL ACTION AGAINST THE CITY CHALLENGING LIABILITY FOR TAXES, ASSESSMENTS OR FEES TO PAY ALL SAID TAXES, ASSESSMENTS, FEES, INTEREST AND PENALTIES AS A CONDITION PRECEDENT TO SEEKING JUDICIAL REVIEW. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 1909 is hereby added to Chapter 9 of Article 1 of the Arcadia Municipal Code and shall read as follows: "CHAPTER 9 CLAIMS AGAINST THE CITY 1909. No Enjoining Collection of Taxes or Fees /Payment Required as Condition to Filing Suit. Notwithstanding any other provision of this Code, no injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the City or an officer thereof, to prevent or enjoin the collection of taxes, assessments, or fees (whether established by ordinance, resolution or other action of the City Council) which are sought to be collected from any person by the City pursuant to this Code; and payment of all said taxes, assessments, fees, plus any interest and penalties, shall be required as a condition precedent to seeking judicial review of any tax, assessment or fee liability." SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council of the City of Arcadia hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy to be published in the newspaper published and circulated in the City of Arcadia within fifteen (15) days of its adoption. Passed, approved and adopted this 15th day of June ATTEST: ity Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -2- , 2010. Mayor of the City of Arcadia 2271 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2271 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 15th day of June, 2010 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member, Chandler, Harbicht, Kovacic, Segal and Amundson NOES: None ABSENT: None 3 ity Clerk of the City of Arcadia 2271