TO:
FROM:
CITY COUNCIL
CITY ATTORNEY
Ordinance Fact .Sheet
DATE: September 12, 2022
SUBJECT: ORDINANCE AMENDING PASADENA MUNICIPAL CODE CHAPTERS
4.44 AND 4.101 TO ENHANCE THE CITY'S ABILITY TO COLLECT
UNPAID TRANSIENT OCCUPANCY TAXES AND TOURISM BUSINESS
IMPROVEMENT DISTRICT MONIES
TITLE OF PROPOSED ORDINANCE
AN ORDINANCE OF THE CITY OF PASADENA AMENDING TITLE 4 (REVENUE AND FINANCE), CHAPTERS 4.44 AND 4.101 OF THE PASADENA MUNICIPAL
CODE RELATED TO COLLECTION OF UNPAID TRANSIENT OCCUPANCY TAXES
AND TOURISM BUSINESS IMPROVEMENT DISTRICT MONIES
PURPOSE OF ORDINANCE
As directed by the City Council on July 11, 2022, this ordinance amends the Transient Occupancy Tax ordinance (Chapter 4.44 of the Pasadena Municipal Code) and the Tourism Business Improvement District ordinance (Chapter 4.101) to make the following changes, among others:
a. Allow the City to file a certificate of lien for outstanding TOT or TBID (i.e., providing that the final City decision confers lienholder rights, without the need to litigate the issue);
b. Allow enforcement by warrant, seizure and sale of hotel property; c. Allow imposition of TOT and TBID liability on successor owners consistent with state law;
d. Allow imposition of attorney's fees and costs where the City brings an action to recover unpaid TOT and TBID; and
e. Add criminal and civil penalties in addition to TOT and TBID penalties and interest already allowed .
JNR/gc
Rev. 9/7/22
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09/19/2022
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24 AGENDA ITEM NO.-_~_½_-__ _
REASON WHY LEGISLATION IS NEEDED
This ordinance is needed to enhance the City's ability to collect unpaid Transient Occupancy Taxes and Tourism Business Improvement monies.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
The Finance Department will implement this ordinance.
FISCAL IMPACT
This ordinance will not have any immediate fiscal impact. However, if hotels are delinquent in remitting TOT and TBID, the City's ability to collect as a result of this ordinance will be significantly improved.
torney
Concurred By:
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City Manager
JNR/gc
Rev. 9/7/22
#S62YA51 F0D21Wlv1
Respectfully submitted,
Michele Beal Bagneris
City Attorney