HomeMy WebLinkAboutORD 386 2010 0519ORDINANCE NO. 386
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, ADDING CHAPTER 3.48, PAYMENT
REQUIRED PRIOR TO COMMENCEMENT OF LEGAL
ACTION, TO TITLE 3, REVENUE AND FINANCE, OF THE
MOORPARK MUNICIPAL CODE
WHEREAS, Article XIII, Section 32, of the California Constitution sets forth what
is commonly known as a "pay first, litigate later" requirement; and
WHEREAS, while such requirement has heretofore been assumed to be
applicable to actions against cities, in a recent opinion involving the City of Anaheim the
Court of Appeal held that such Constitutional protection does not protect a city which
does not have its own "pay first, litigate later" code provision; and
WHEREAS, Chapter 3.48 is proposed to be added to Title 3 to require persons
challenging the payment of taxes, fees, fines, and other payments to the city to make
such payments prior to commencing any actions to recover such payments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The following new Chapter 3.48 is hereby added to Title 3 of the
Moorpark Municipal Code:
"Chapter 3.48
PAYMENT REQUIRED PRIOR TO
COMMENCEMENT OF LEGAL ACTION
Sections:
3.48.010 Payment required prior to commencement of legal
action.
Except as may otherwise be provided specifically in this code, no
person shall commence any action to challenge all or any portion of
any tax, fee, fine, or any other type of payment required to be made
pursuant to any provision in this code, without first making such full
payment to the city."
SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion
of this ordinance is for any reason held to be invalid or unconstitutional by any court of
Ordinance No. 386
Page 2
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, part or portion
thereof, irrespective of the fact that any one or more section, subsections, sentences,
clauses, phrases, parts or portions be declared invalid or unconstitutional.
SECTION 3. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall
make a minute of the passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and shall, within fifteen (15)
days after the passage and adoption thereof, cause the same to be published once in
the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the
Government Code, for the City of Moorpark, and which is hereby designated for that
purpose.
PASSED AND ADOPTED this 19th day of May, 2010.
ATTEST:
Deborah S. Traffenstedt, Clerk
an' a S. Parvin, Mayor
Ordinance No. 386
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Ordinance No. 386 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
19th day of May, 2010, and that the same was adopted by the following vote:
AYES: Councilmembers Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: Councilmember Mikos
ABSTAIN: None
WITNESS my hand and the official seal of said City this 21st day of May, 2010.
Deborah S. Traffenste ity Clerk
(seal)