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98-1180ORDINANCE NO. 98-1180 An Ordinance prohibiting the issuance of new or renewed licenses to persons who are delinquent in their payment of personal property taxes, hotel/motel room taxes, accounts receivable, or other amounts to the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: Section I. Chapter 5.02 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: "CHAPTER 5.02 Delinquent Accounts and Non-Issuance & Licenses & Permits Sections: 5.02.010 Intent 5.02.020 Definitions 5.02.030 Prohibition -- Non-Issuance of New or Renewed Licenses or Permits to Delinquent Persons 5.02.040 Exemptions 5.02.050 Appeals 5.02.010 Intent. The health, welfare and financial well being of the City of Janesville is adversely affected by delinquent accounts receivable and shall be enhanced by the recovery of said monies. This chapter directly facilitates recovery of past monies owed by the City and, thus, helps reduce the tax burden of ail residents and businesses in the City. This chapter shall be construed and applied liberally. 5.02.020 Definitions. "Delinquent", delinquency", and "delinquencies" shall mean owing an amount, account, claim, judgment or payment to the City of Janesville which is more than thirty (30) days past due at the time of the application for a new or renewed license or permit and for which a repayment agreement has not been approved by the City Clerk-Treasurer, in one or more of the following categories: personal property tax; hotel/motel room tax; accounts receivable (including, but not limited to, ambulance bills and damage to property); utility accounts; and each and every other receivable, account or amount due or owing to the City of Janesville for whatever reason. "Issuance" and "issue" shall mean the physical delivery to an applicant of the license or permit document by a duly authorized representative of the Janesville City Clerk-Treasurer's Office. "Licenses" and "Permits" shall mean those licenses and permits specifically set forth in Title 5 of the Code of General Ordinances of the City of Janesville. "Person" shall mean any individual, partnership, firm, corporation, limited liability company, limited liability partnership, joint venture or any other business entity or unit of whatsoever kind or nature. "Person" shall also mean the applicant; a person on whose behalf the applicant files a license or permit application; a person having an ownership interest in the real property upon which, or in the business for which, the license or permit will be utilized. "Person" shall also mean the principal shareholder or beneficial owner of any business entity seeking the license or permit. The prohibitions and mandates of this chapter shall apply to any business entity in which such person is a principal shareholder or beneficial owner. 5.02.030 Prohibition -- Non-Issuance of New or Renewed Licenses or Permits to Delinquent Persons. No new or renewed license or permit shall be issued to any person who is delinquent. 5.02.040 Exemptions. The issuance of dog and cat licenses is exempt from the provisions of this chapter. 5.02.050 Appeals. A. A determination to not issue a license or permit made under this chapter may be appealed by the applicant to the Common Council. The appeal shall be in writing signed by the applicant and filed with the City Clerk-Treasurer's Office. The written appeal shall contain the appellant's legible, complete and accurate full first and last names with middle initial, home address, phone number, the license(s) and/or permits applied for and not issued, and a full statement of the reason(s) the appellant believes that he, she or it is/are not delinquent. B. The full amount of the alleged delinquency(ies) together with applicable interest accruing thereon as of the date the appeal is filed shall be paid in full by the appellant to the Janesville City Clerk-Treasurer's Office. Such payment is a required condition precedent before the Common Council may consider or act upon such appeal. C. Unless each and every of the requirements of this section concerning the appeal are fully and accurately satisfied by the applicant, the City Clerk-Treasurer shall withhold forwarding the appeal for placement upon an upcoming agenda of the Common Council. D. Upon filing, and only if in full accord with all of the requirements of this section, the appeal shall be forwarded by the City Clerk-Treasurer to the Council President who shall place said appeal upon an upcoming agenda of the Common Council for hearing and determination. E. Notice of the date, time and place of the hearing shall be provided by the City Clerk-Treasurer's Office to the appellant by regular mail to the appellant's home address set forth upon the written appeal. F. The Common Council shall conduct a hearing of the appeal and make their determination in open session by roll call vote. At the hearing, information and argument by the appellant, the City Clerk-Treasurer, and/or their respective representatives to the Common Council shall be permitted. Each party shall be provided an opportunity to be heard and to present testimony, evidence, witnesses and be represented by legal counsel. A decision of the City Clerk-Treasurer's Office to not issue a new or renewed license or permit under this chapter shall be overturned by the Common Council only upon a not less than majority vote of four (4) members of the entire Common Council. In the event that the determination of the City Clerk- Treasurer is overturned by the Common Council, the Clerk-Treasurer shall promptly refund to the appellant by check and U.S. Mail to the appellant's home address set forth on the written appeal the full amount of the principal and interest paid by the appellant to the City at the time of filing the written appeal." ADOPTED: April 27, 1998 APPROVED: Steven E. Sheiffer, City Manager ATTEST: Jean Ann Wulf, City Clerk-Treasurrer APPROVED AS TO FORM: City Attomey Proposed by: City Clerk-Treasurer Prepared by: City Attorney MOTION BY: Schneider SECOND BY: Noll COUNCILMEMBER AYE NAY PASS ABSENT BRIEN X O'LEARY X STEHURA X WESTPHAL X MUKPHY X NOLL X SCHNEIDER X