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
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, 2010.
Mayor of the City of Arcadia
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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
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ity Clerk of the City of Arcadia
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