REMOVAL THE OF AND ARTICLE THE GENERAL SAID THE - … 26... · 2016. 4. 26. · CHARLOTTE AND...

June 26, 2000 Ordinance Book 50, Page 390

ORDINANCE NO. 1565-X

AN ORDINANCE ORDERING THE DEMOLITION AND REMOVAL OF THE DWELLING AT 1017 N.C!@,DWELL ST. PURSUANT TO THE HOUSING CODE OF THE CITY OF CHARLOTTE AND ARTICLE 19, PART 6, CHAPTJB 160A OF THE GENERAL SZATUTES OF NORTH CAROLINA, SAID BUILDING BEING THE PROPERTY OF MAUDE PIPPIN RESIDING AT 1017 N.CALDWELL ST. CHARLO'rE%, NC 28206

w, the dwelling located at 1017 N.Caldwell St. in the City of Charlate has been found by the Code Enforcement Official of the City of Charlotte to be in violation of the Housing Code of the C i t ~ of Charlotte and the owners thewf have been ordered to dmolish and remove said dwelling, all purrmant to the Housing Code of the City of Charlotte and Article 19, Part 6, Chapter 160A of the General SUI~U&S of N o d Cam1'i; and

WKEREAS, said owner@) have failed to eomply with said order served by advertisement in the Mecklenburg T i s on 2/18/2000 and on 4/18/2000.

NOW. THEREFORE, BE IT ORDAINED by the City Council of the City of Charlotte, North Carolina, that the Code Enforcement Official of the City of Charlof& is hereby ordered to cause the demolition and removal of the dwelling located at 1017 N.Caldwell St. in the City of Charlotte in accordance with the Housing Code of the City of Charlotte and Article 19, Pan 6, Chapter 16OA of the General Statutes of North Carolii.

This dinaace shall become effective upon its adoption. A

I, Brenda Freeze, City Clerk of the City of Charlotte, North Carolina, DO HEREBY CERTIN that the foregoing is a true and exact copy of an Ordinance adopted by the City Council of the City of Charlotte, North Carolina, in regular session convened on the 2 6 t h day of

June , --a, the reference having been made in Minute Book &, and recorded in full in Ordinance Book 50 , at Page@) 390

WITNESS my hand and the corporate seal of the City of Charlotte, North Carolina, this the 29th day of June , 2 0.

BaENDA FREEZE, CITY CLERK


AN ORDINANCE ORDERING THE DEMOLITION AND RWlIOVAL OF THE DWELLING AT 208 AKA 216 YEOMAN RD.PURSUANT TO THE HOUSING CODE OF THE CITY OF CHARLO'ITE AND ARTICLE 19, PART 6, CHAPTER 160A OF THE (BNF&% STATUTES OF NORTH CAROLINA, SAID BUILDING BEING 1?IE PROPERTY OF ANNIE BELL PRICE RESIDING AT 208 AKA 216 YEOMAN MI. CHARLOTTE, NC 28217

WJBRJMS, the dwelbg located at 208 aka 216 Yeoman Rd. in the City of Charlotte has been found by the Code Enforeemnt Official of the City of Charlotte to be in violatio~ of the Housing Code of the City of Charlotte and the owners thereof have been ordered to demolish and remove said dwelling, all pwsuatlt to the H a ~ ~ h g Cnde of fhe City of Charlotte and Article 19, Part 6, Chapter 160A of the General Stahltes of North Carow, and

WHEREAS, said owner(s) have failed to comply with said order served by advertisement in the Charlotte Poat 9/2/1999 aad on 4/20/2000.

NOW, TEEREFORE, BE IT ORDAINED by the City Council of the City of Charlotte, North Caroh, tbal the Code EnFo-nt Dfficial of tbe City of Charlotte is bmby ordered to cause the demolition and removal of the dwe- located at 208 aka 216 Yearnan Rd. in the City of Char10tce in awmlmce with the Housing Code of the C3ty of Charlotte and Article 19, Part 6, Chapter 160A of the b r a 1 Statutes of North Carolina.

Thi~ 0 w f W shall become effective upon its adoption. 1

CERTIFICATION

I, Brenda Freeze, City Clerk af the City of C h a r m , North CaroM, DO WEREBY CERTIFY that tbR foregob i9 a me and a c t copy of an .Ordinance adopted by h e City Council of the City of Charbm, North !Z~QUW, ia regyku .-s4ssitdg conveBed on the Z6th &y of

June , .2-, the reference havhg been made in Mite Book 1115, and racerded in I11 in Ordinance Book 50 , at Page(s) 391

WITNESS my hand 4 the corporate seal of &e Ciiy of Charlotte, North Carolina, this the 29th day of June , 2 0 C L .

BRENDA FREEZE, CITY CLERK

June 26, 2000 Ordinance Book 50. 92

ORDINANCE NUMBER: 1567-X

AN ORDINANCE TO AMEND ORDINANCE NUMBER 1493-X SUBSTITUTING SOURCES OF REVENUE FOR TRANSIT CORRIDOR PLANNING AND ENGINEERING.

BE IT ORDAINED, by the City Council of the City of Charlotte; -

Section 1. That the sum of sources of revenue of Ordinance No. 1493-X are hereby amended as follows:

Source Original Revised Federal Transportation Administration $ 5,300,000 $ 5,300,000 NC Department of Transportation 3,466,600 3,466,600 Transfer from Fund 7801; 814.00 3,466,600 3,436,600 Contribution from Iredell County 0 10,000 Contribution from Town of Mooresville 0 20,000 Total $ 12,233,200 $ 12,233,200

Section 2. All ordinances in conflict with this ordinance are hereby repealed.

Section 3. This ordinance shall be effective immediately.

Approved as to Form:

m s hand sgd the Egwstc s d of the City of Chsrlottc, North C m k , this the 2ethday d h 2000.


ORDINANCE NO. -l,f& AMENDING CHAPTER 10

AN ORDINANCE AMENDING CHAPTER 10, ARTICLE I~I , OF THE CITY CODE, ENTITLED REMOVAL AND DISPOSITION OF ABANDONED VEHICLES, HAZARDOUS VEHICLES AND JUNKED MOTOR VEHICLES

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHARLOTTE, NORTH CAROLINA THAT:

Saotion 1, Chapter 10, M c l e 111, Section 10-1 37, of the City Code is amended by re-numbering the ciment subsections (7). (81, and (9) as subsections (S), (9) and (lo), respectively, and by adding a new subsection (7) providing as follows:

(7) Highway is defined, pursuant to G.S. 20-4.01(13), as the entire width between property or ~ight-&way lines ef every way or place of whatever nature, when any part thereof is open to the use of the pubfic as a matter of right for the purposes of vehicular traffic. The terms "highway" and "street" and their cognates are synonymoue.

Section 2. This ordinance shall become effective upon ita adoption.

Approved as to farm:

& f r \ e ~ Sara Smith Holderness Assistant City Attorney

I, Brenda R. Fmze, City Clak of tho Clty of Wotte, NorPfi G d b , W HEREBY CERTIFY that tho fomping is a t r u e l r n d e ~ a c t ~ ~ ~ m ~ r d i n a n c e ~ t s d b y t h a ~ l ~ ~ ~ m c i l o f t h e ~ ~ o f Chadotte,NorthC~m&~redar session convened on tho* day of-, 2004 the r&fasaw baviag been made ia Minute Book and recorded

in full in Ordinram Book Page@) 393 . WITNESS my hand and the e a p a b scaI of the City ofCbarlc&, North Cmlins. the =day of* 2000.



AN ORDINANCE TO AMEND ORDINANCE NUMBER 1313-X, THE 1999-2000 BUDGET ORDINANCE. APPROPRIATING U.S DEPARTMENT OF JUSTICE GRANT MONIES FOR TERRORISM PREPAREDNESS

BE IT ORDAINED, by the City Council of the City of CharloEe;

Sectron 1. That the sum of $2$9,493 is hereby estimated to be available f m a grant from the US. Department of Justice for terrorism pqaredness.

Section 2. That the sum of $299,493 is hereby appropriated to the Emergency Management - Terrorism Grant account (530.12) in the General Fund (0101).

Section 3. That the existence of the project may extend beyond the end of the fiscal year. Therefore, thig orelinanw will remain in effect for the duration of the project and funds are to be canied forward to subsequent fiscal years until all funds are expended or the project is officially closed.

Section 4. All ordinances in conflict with this ordinance are hereby repealed.

Section 5. This ordinance shall be effective upon adoption.

I, Brenda R Fnczo, City C2d o f thc Ci$r o f QsrbW, N& Camlinq IM HEiW3Y CERTIFY Ulat tbo fmgohg is a true mrdndourct~ofrm~aQptcdby~Cir-y~1loftbeCityofCharlotttc,Nolth Carolina,inredar sessim~~~~caodontha~~of~,2000.tbc~bsviagbacnmrdainMinutP~ 115 mdreoorded in in Ordinance. Book SO. Pads) 394 . WITNESS my haad mrd the m p m t e seal of tho City of Cdtarlotte, Nodh Carolioq this tho aet4day d h ~ 2000.


ORDINANCE NO. 1570 AMENDING CHAPTER 23

AN ORDINANCE STATING THE APPLICATION OF THE PROVISIONS OF CHAPTER 23 OF THE cm CODE

BE IT ORDAINED by the City Cowdl of t6e City of Charlotte, North Carolina that:

Section 1. Chapter 23 of the' City Code shall be amended by the addition of a new seetion entitled Sec. 23-13 to r&& follows:

SEC. 23-13. APPLICATION OF THTS CHAPTER

The provisions of this C h a p shall w l y to all customers and users of and to all portions of the City's water intake wd treatment facilities, water distribution system, sewage treatment and disposal facilities and sewage collection system wherever located, both within and outside the corporate limits afthe City.

Section. 2. This ordinance s M l become effective as foliows:

(a) Upon adoption, within the carpemte limits of the City of Charlotte;

(b) Upon adaption, within the unincorporated pottions of Mecklankg County;

(c) July 2,2000 at 1201 AM Eastern Daylight Time, within the Towns of Cornelius, Davidson, Huntermille, Matthews, Mint Hill and Pineville, unless such date and time is modified for a Town by express agreement be-een the City and such Town, such agreement being approved by the City Council and the governing body for such Town; and

(d) Upon adoption, in all other areas in which is located any portion of the following faeilities of the City's water intake and tmtawntfacilities, water distribution system, sewage tteatment and disposal facilities and sewage collection system.

Approved as to form: - C

Senior Deputy cityhttorney #zmuwmN 1,BrendaR~rsaq C i l y ~ l a k o f t l i E C i t y o f ~ ~ ~ W ~ Y CFRTIPY thatti-sforegoingis atrueeadexect wpy of an oniiaguxsdoptcdbytbsCi~Camcilfftbo~dQlPlottqNd~inm~~~sessionamvrmedmthe~ dayol~2000,~ref-bsrringbcanlndem~Bmlt~mdrsordedin~inin0rdinglaBodcI9.Page(s)~.



AN ORDINANCE TO AMEND ORDINANCE NUMBER 1313-X, THE 1999-2000 BUDGET ORDINANCE, PROVIDING A SUPPLEMENTAL APPROPRIATION FOR MCDOWELL CREEK WWTP ADDITIONS

BE IT ORDAINED, by the City Council of the Ci of Charlotte;

Section 1. That the sum of $131.000 Is hereby estimated to be available from Prior Sewer Revenue Bonds (44202).

Section 2. That the sum of $131,000 is hereby appropriated to the McDowell Creek WWTP Additions a m n t (633.69) m the Water and Sewer Capital Project Fund (2071).

Section 3. That the existenee of the project may extend beyond the end of the fiscal year. Therefore, this ordinance will remain in e f W for the duration of me project and funds are to be carried foward to subsequent fiscal years until all funds are expended or the project is officially closed.

Section 4. 41 ordinances in conflict with this ordinam are hereby repealed.


I, B r d a R Freeze, City Clerk of the City of Charlotte, Nortb Cmlitia, DO HEI(EBY CBRTIFY that the foregoing is a true and exaot wpy of en ordinanffi adopted by the City C o ~ o i l o f the City of Charlotte, North C a r o h , in regular s e s s i m ~ 0 f l ~ ~ 1 l e d m ~ ~ d a y o f J u n e . 2 0 0 0 , t h e ~ ~ ~ ~ m a d t t i a M i o u t c B o o k ~ a n d r e c 0 r d ~ i n fdI in Ordinance Book 54, Pa&) 2%.

WITNESS my hand and the corporate seal o f tbe City of Charlotte, North Caroh, this the =dsy of Jym- 2000.



AN ORDINANCE TO AMAMEND ORDINANCE MUMBER 7313-X, THE 1999-2000 BUDGET QRDINANCE, PROVIDING A SUPPLEMENTAL APPROPRIATION FOR MCALPINE CREEK WVTP EXPANStQN

BE IT ORDAINED, by the City Council of the City of Charlotte;

Section 1. That the sum of $1,210,000 is hereby estimated to be available from Prior Sewer Revenue Bonds (44202).

*

Section 2. That th sum of $1,210,000 is hereby appropriated to the McAlpine Creek WWTP Expansion a c m t (533.25) in the Water and Sewer Capital Project Fund (2071).

Section 3. That the existence of the project may extend beyond the end of the R w l year. Therefore, this ordinance will remain in effect for the duration of the prow and funds are to be camtad forwaid to subsequent fmal years unM all funds am expended or the profact Is officiiIiy closed.

-

section 4. All ordinances in comfid with thle ordinanoe are hereby repealed.


Approved as to form:

/&JAT 4%G City Attorney

CERTIFICATION

I; Brenda R Fmm, City Clerk of the City of Charlotte, North Cm&, DO HEREBY CERTIFY k t the foregoing is a true and exact copy of an Ordinance adopted by the City C d of the City of Charlotte, Nor& Carolina, in regular ~ o n c a n v e n e d ~ i b e ~ d a y ~ ~ 2 0 0 0 , t b s ~ ~ 0 h ~ b e a n m a $ o i a M i m r t o B o o k ~ , a n d ~ h full in CMnanoe BookS9, Pugds) x. WiTHBSS my hand and the corporrttc d o f the City of Charlotte, North Carolina, this the =clay af1IBFk. 2000.


ORDINANCE NO. 1573 AMENDING CHAPTER 23

AN ORDINANCE AUTHORIZING THE CITY MANAGER TO IMPOSE MANDATORY RESTRICTIONS ON THE USAGE OF WATER OBTAINED FROM THE CITY'S DISTRIBUTION SYSTEM BY DECLAR~MG A WATER DISTRIBUTION CRISIS.

BE IT ORDAINED by the City Council of the City of Charlotte, North Carolina that:

Section 1. Chapter 23 of the City Code shall be amended by the addition of a new section entitled Sec. 23-96 to read as follows:

SEC. 23-96. IMPOSITION OF MANDATORY WATER CONSERVATION RESTRICTIONS

(a) The City Manager is authorized to impose mandatory restrictions as set forth in this section on the usage of water obtained directly or indirectly from the CMUD water distribution system by declaring a Water Distribution Crisis. After receiving written recommendations from CMUD, the City Manager may impose such restrictions, upon consideration of each of the following factors:

(I) Pressure at monitoring locations of the CMUD water distribution system;

(2) Ability to re-fill water storage tanks of the CMUD water distribution system;

(3) A b i l i to maintain an amount of water in the ground level storage tanks at CMUD's water treatment plants which is adequate for fire protection purposes; and

(4) Ability to maintain adequate water pressure in every portion of the CMUD water d'iribulion system.

(b) A Declared Water Dkhitioion Crisis may be implemented by the Cky Manager by signing a Notice of Declared Water Distribution Crisis. The W a r e d Water Distribution Crisis will commence on the effective date and time specifled in said Notlce and the restrictions imposed thereby will apply as set forth in Section 23- 96 (c).

(c) During a Declared Water Distribution Crisis, each of the following acts are prohibited during the times specified in the Notice of a Declared Water Distribution


Crisis (or any modification thereof), using water obtained directly or indirectly from a portion of the CMUD water distributiin svstem located within an area specifled in the Notice of a Declared Water Distribution crisis (or any modification thereof):

(1) Watering any exterior vegetation, including without limitation any grass, shrubbery, trees, Rowers, or garden; pro'vided, hawevet, that any person or entity regularly engaged in the business of the sale of plants shall be permitted at any time to waw such plants as are being gmwn for the sole purpose of sale or, pursuant to a license issued by CMUD, 6ueh phnts for which the licensee has issued a guarantee of survival as part of the sate of such plants;

(2) Filling, re-fllling or otherwise adding water to any swimming pool;

(3) Washing, cleaning, rinsing or otherwise applying water to any exterior surface, including without l imi tah any wall, Awr or paved area;

(4) Washing, cleaning, rinsing or otherwise applying water to the exterior surface of any rnotor vehicle or trailer; provided, however, that any person or entity regularly engaged En the business of washing rnotor vehicles or trailers shall be permitted at any time to use water for such purposes; and

(5) Filling, re-filling or othefwise adding water to any container for the purpose of using such watef at a Eater tSme a purpase prohibited by this section.

(d) CMUD may issue a permit to any person or entb to uee water during a ~eclared Water ~istflbution ~ h s i s for any purpose that is reasonably necessa6 to enable such Derson or entitv to com~lv with audcaMe law or to eliminate or reduce unsanitary kndiiions that pose a sl;b&antial hkk of injury or disease. Such permit may authorize water to be used for one or more purposes otherwise prohibited by Section 23-96 (c) so long as all conditions or limitations upon such use are satisfled that are set forth in such pennit.

(e) (1) In any Declared Water Distribution Water Crisis, the City Manager may impose the restricribns set forth in Section 23-86 (c) during such times and to such portions of the CMUD water distribution system as are located with such area or areas as the City Manager shall determine to be appropriate. The times during which such restrictions are applicable and the area or areas containing portions of the CMUD water distribution svstm which are subiect to such restrictions shall be set fo* in the Notice of ~edared Waaer ~istributi6n Crisis.

(2) After imposing restrictions on the use of water from the CMUD water distribution system, the City Manager may modify the times duhg which such restri&ons are appl\mbb or the potYilons of the M U D watef diiZfIbyZ10n system to whiih such restriit'mns apply by signtng an Amended Notic@ of a bolaration d Water Distribution Crisis. Such Amended Ndce shall describe dearly each modiFicatiion that is being made and shall take effect to modify any prior restrictions at the date and

June 26. 2000 Ordinance Book 50, Page 400

time specified in such Amended Notice. If a modification is made to the portions of the CMUD water distribution system to which such restrictions apply, the Amended Notice shall mi forth the area pr areas contaiqtng such modified portions of the CMUD water distribution system.

(3) After imposing r e s t W i on the use d water from the CMUD water distribution system, the City Manager may terminate such restrictions by signing a Notice of Termination of Deolared Water Distribution Crisis. Such Notice shall take e W immediately upon posting.

(4) Any Notice of Declared Water Distribution Crisis or amendment or termmation thereof mwst be publidy pasted in the Charlotte-Meckfenburg Government Center, 600 East Fourth Street, Charlotte, North Carolina or at any other place desi@mted by law or the City Council for the posting of public notbs. Any Notice or Amended Uotiae of Declared Water Dlstiiutian Crisis must be posted for twelve (1 2) hours befare taking effect.

(5) All Notices posted pursuant to Section 23-96(d) shall stab the date and time of posting.

(9 (1) The direct or indirect use of water from the CMUD water distribution system in vioktion of S e t i i 23-Wcj is hweby prohibited. Any water customer of the CMUD watw distdbution system who violates Section 23-96(c) or permits the violation thereof shall be subject to a penalty for each such violation according to the following schedule of penalties:

Size of Wise Conmction P&

% inch $30.00 1 inoh 40.00 I % inches - - ... . 50.00 2 inches 60.00 3 inches 75.00 4 inches and larger 1DO.00

(2) The diiect or indirect use of water from the CMUD water slistribution system in violation of a permit issrned p w w n t to Section 23-96 (d) is hereby prohibited. Any watar custarner of the CMUD water distribution system who violates Section 23-96 (d) or permits the violation thereof shall bs subject to a penaity tor each such violation in the amount of $100.

(3) Each penalty assessed against a water oustomer pursuant to this section shaU be added to said cuskmef's water bill and shall be paid in the same manner as set forth in this Chapter for the payment of water bills. Failure to pay all or any portion of a water bill, including any penab assessed pursuant to this section, in a timely manner may result k the terminati~n of water service from CMUD.


(4) Each day that a violation of this section occurs shall be considered to be a separate violation.

(g) CMUD shall be responsible for enforcing any restrictions imposed pursuant to this section.

Sec. 2. This ordinance shall become effective upon adoption. -

Approved as to form:

- -

Senior Deputy City Morney

I, Brenda it Fmze.Cl@ Ckk of the City g f w Nortk C& a0 ~REBYCERllFY thatthe is a hueaodxacf~~pyof anOihceaaOptedbytheCity~~Bf&€@dC~,NarthC~ ~~PL-&BT

- d o n convened on ths- day of- 2000, the refemm h h g baen made in Mlmtte Beek 115, id reoorded in full in Ordiaam;c Book p.lykes) 39841.

WITNESS my Bsnd and the coqof~te d ofthe CiQ of charfottc, North Carolina, tdis the =day of & 2000.

June 26, 2000 O~dinqnce &oak 50, Page 402

ORDINMGE MO. 1574-X AN ORDINANCE LEVYING A TAX ON OROSS RECEIPTS DERNED

-$, t h ~ N.Q& CBWW':G~D@ &mblpb mtiFrwi S e w - £38 1076, which has bem designated as Session Law 2080-2 (the "Act") and ma& e-&"eehe for axable years beginning on or after July 1,2000, and

WHEREBS, the Act repealed the propex@ tax on certain vehicles leased or rented & retail short-term leases or rentals and authorized municipalities to replace the lost tax revenue thmugh enac&nt of a local tax on p s s receipts dwived from retail short-tm l e w or rent&.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Charlotte, .. North Carolina thai:

Section I. Definitions. Whm used in this o r d i m e (unless the context requires a differeat m d n g ) :

(a) "Customer" shall mean any personthat leases or rents a vehicle on a short-termlease or rental basis.

@) "General Statutes" shall refer to the North Carolina General Statufes and any refefen~e to a pa&cular section thereof &all inelude the same as may be finin time to time amended, modified, supplemented, revised or superseded.

(c) " G m s meipts" shall meanthe total Eease or rents1 prim charged to a customer for the short term lease or rental at retail ofvehicles, ex&udiig sales taxes and excluding the taxes imposed by this Ordinance. 1 _ _ .

(&) "-.& *nt#" &@ &ia,nia,nia,n&w&,, &:o.&~MO, ofthe uebut net the aw-p of pmpmty to .&a Ewa period +MI@..

I / , ' ' , ! ,

(e) "Pwn* ' shall mean any individual, t~stw, exmtarI:othe~ fiWery, wqmwtitq unincorpomted 8ssociation, parwdip., file proptietowhip, companyY firm, sr other legal entity.

. ' I , , (f) "Short-term lease or rental" shall mean any lease ~r ren€al of a vehicle, whether made

under a written or verbal contract or agreement, made to the same person for a period of less than 365 continueus dt?ys.

(g) "Tax Administrator'? shall mean the Mecklenburg County Tax Administrator, as selected by the City Council, pursuant: to GS. 105-349, to collect taxes on behalf of the CCity 5f Charlotte.

(h) "Taxpayer" means any person liable for the taxes imposed by this Ordinance.

(i) "Vehicle" &dl mean any ofthe following:


[i) a motor prehicb of the private v q e r type, induding a passenger van, minivan, or sport utilrty vehicle.

(ii) a mot~vehicle of the cargo type, inchding a wg0 wm, pic+ truck, or a c k with a gross vehicle weight ht26diOOO pmads or lea q.9e.d predomimntiy in the transportation of property for other than mmrned &eight, and that dws not raquira the operator to possess a commeroial drivers license. -

(iii) a trailer or wmhiler with a gross v&ele weight of 6 , m poUads or less.

&tion 2. L ~ w of Tax. A tax is M y im& and levied in an ammmt equal to one and one-Mprceat el .5%) ofthe grass meipks as &fined in S d o n 1. This tax on gross receipts is in addition to the privilege l h m e taxes wthorid by 0.6.5 1 @A-21 1.

Section 3. Admhktration. The Tax .4dmh&atar %laall administer and mllect the taxw levied herein from every person engaed in the business of short term laming or rental of vehieies, and tke Tax Admhhtmbr may p ~ w l ~ additional rules awl regulations nwessary for implawmtatian ofthe bms. In a&Wan to the pvrwovi&mi herein, the levy arrd collmtioz~ of tha taxes herah hpwd shall be ofherwise W & = d m the samg manner ae the Sales and Use Taxas provided in M c b s 5 abd 9, SUM- 1, Cbpter 105 of theG- Bpatufw.

Section 4. CoUection of the Tax. Every parson engaged in the business of the shart-term lease or mhd of veMoles at retail to s u a r t o m ~ ~ ~ wlleot 8t the tiBb~ of tk leasem rmbl the tax her& levid> plaae the t a ~ so mcollected in a wgrepatd mcsurrt, d themafter remit %uch tax to the Tax Administrator in accordance with the provisions sf this o r b c e . The taxpayer shatl incIude a provision in each retail short-term l e a or rental agreement stating that one and one- half p e m t (1.5%) offhe btd 1- or mtal@w, exet*.h tax, b & i && as a tax on gmm mxipts. The amount ofthe trux &aU be $Wed sepamtdy &om tbe leme or rentaI aad shown separately on the tqsy-er's recards. The cu$towr shall pay the tax to tlrc taxpayer as tnrstee for aad on a c a d of* City o f . c h ~ ~ W . The taxpayer SM be iiabb for t t ~ xheltection thereof and Eos kts ~~t to &e Tax A,~BI&&&oT and the taxpayer's f & r e to w e or to callect said tax from the customer shall not &t Such li&i&y.

The tax= c o U d under this ordhanoe alte not subject to sales tax. Thc tams wllected under tbls asdinrutor: belong to the City of Charlotte and are not mbject to caeditor l i m rugahst the taxpayer.

Smrien 5. Ramt and Pameat of Tax, Taxes levied under this ordimce are due and payable when B return is requid to be filed. Every taxpayer sMl, wWn tht time specified, sdtsmt a rehlrn to the Tax Ac4rnhhator an the&tm p m m k d by bye Tax Administrator. The taxpayer m the taxpayer's agent m a t sign the fhe Fb%mm of trappers an: h e to the Tax A d m M ~ t m each month on mr Mare tke Silken& (1%) day ofrhe month f~1iiaUine; the month in which the tax acCNes. A s m a in 6. S. $16Qh-208.1, a ra;W shall tlot be considered a public record and information contained in ~1 return may be disclosed only in acmdawe therewith.


The r e W may be filed by personal delivery to the Tax Administrator or by United States mail. Returns submitted by mail shall be deemed to be filed as of the date shown on the postmark f i e d by the United States Postal Service. lfno date is shown on the postmark, or if the postrnank is not &%xed by the United States Postal Smiee, the return W be deemed to be fled when received in tbe offbce af the Tax Athhishtgr. The bur& of pmof shall be on the taxpayer to showtbat the retmwas tinzely filed.

Section 6. Taxpayer to Keep Records. The taxpayer shall keep and preserve suitable records of the gross receipts received by such taxpayer in the conduct of business and such other books or accounts as may be necePsary to determine the amount of the tax for which such taxpayer is liableunde~ the pvis'ions of this dinatwe. It shall be the duty ofthe taxpayer to keep and preserve for a period of three years al l such records of grow receipts Bind other books and accounts described. All remds, boob and aocmmts Berein described shall be for examination at all reasonable hours during the day by the Tax Administrator or his duly authorized agent.

Section 7. Tax AdmhisWr tQ Provide Famus. The Tax Administrator shall desigp, prepare, print and make available to dl taxpayers operating within the municipal boundaries of the C* of Charlotte fom and iastructims for filiag returos to inswe a full m l l e c h of and an accounting fw Wes due. The failure of any taspayeb to obtain or ~eceive hnns shaU not relieve such taxpayer froin the payment of the tax at the time and in the manner provided.

Section & m. The trimmetion @ving rise to the hx hemh levied shall be desmed to have occurred at the h t i o n of the person from whom the customer takes delivery of the

Section 9. Penalties and Remedies. The provisions with respect to remedies and penalties applicable to Subchapter VIII (Local Government Sales and Use Tax) of Chapter 105 of the General Statues, as contrained in Article 5 and M c l e 9, Subekapter 1, C h a m 105 thereof, and the sethedies of levy, attachment, and gdshment provided in G.S. pl6OA-207 shall be applicable in lie manner to the tax hid and collected under this ardinan4e, to the extent that the same are not inconsistent with the previsions breof.

Without M t i n g the foregoing, aad subject to any changes in the General S~ tu te s with respact to ped&s and remedies, the fallowing penalties and r e d e s shall be appkic&le with respect to the levy and collection of the taxes imposed herein:

4. b y taxpayer who fails to file a rema on the date it Is due, determimi with regazd to any extension of time for fib&, shall pay apenalty equal to five percent (5%) of the %m(wu~t of the tax if the failure to fi is for not more than one month, with an additional five w e n t (5%) for each additional monrh, or fraction thenof, during which the Mhm conitEnues, not exceeding twenty-five percent (25%) of the tax in the aggregate, or $5.00, whichever is greater.


b. Any kqmyem who fails to pay the tax levied herein when due, without intent to evade the shall pay a ptzoialty equal to ten pemenS (10%) ofthe tax, except that the pe&@ &dl in no event be less than $5.00.

c. Tmes be payable at or face amount if paid m or befbte the G h g date as set forth in Section 5. Taxes paid after the filing date will be delinquent and shall be subject to interest charges. Interest &all accrue at the rate of three-fourths of one per cent (W4%) a lnogth er fratdion &ereof until the prinditsal amount of the t i , the the.& htmst, and arty penalties ate paid.

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d. =witha up~a which any M f i e d cheek tentered to the "Tax Adm&bWx in payment oft@@, pedtbs oi intWst, reham? &e cheak becsnrse of bf&$eant-o~ & ~t~neIristenc& o f a a ~ c o m t ~fofthetkrtll~eri the T& A ~ s t r a t ~ ,sb&aSse:8$ a m y q w e l tu ten pe-scent (IWA) &the b k , .subject to m i . n & ~ of one &lk@ ($1 .@I) and ammimum crfaie. t h o d dollm~($I,Qf)0!80).

a Any taxpayer who wilhllp attempts, or my peram who aids or abets any bxpBpr to attempt in any manner to evade or defeat a tax imposed herein or its payment, shall, in addition to other penalties p~ovided by law, be guilty of a Class

E Any taxpayer reqfdred to collect, withhold, account for, and pay ever any tax A o willfully fails to colleot or fruthfdly account for a d pay over the tax shall, in ad&* to other @ties pmided by law, be $uilty of a Class 1 misdemeanor.

R Any t@xpayw required to pay any tax, to make a retum, to keep any records, or to qp1y any hfanndi~n, who willftllly f d s ta pay the hc, rnake the return, keep the wmuds, or supply the information, at the time or t ima as mepired by law, or rules issued pursuant thereto, shall, inaddition to other penalties provided by law, be guilty of a Class 1 misdem~or .

Section 10. Assessme~t Procedure. If the Tax AdnMstrator discovers thad any mtumor tax is due from a taxpayer, the taxpayer shall be notified in writing of the failure to file and of the proposed 8s~-t, if known by the Tax Administrator. The asmmnent may be ma& on the bmi infDmx&on of the Tax Adminkator. A proposed assessment is premm&@be corn&. The notice &ail be delivered e i b r in Denon or bv Unites States mail sent to thr: taxoam's lrta knownaddress. The notice Ee presumed to have b&a received by the l a xpy i t ~d& & taxpayer makes an &davit to the ooatrary within 90 days &er the norice was mailed. If the taxpayer makes tbis affidavit, the time Kt&ons hr a request for hearing as b:er&br provided apply as if the notice had b h d e l i v d orl& date the taxpayer makes the &davit.

A tpdxpayer who obj- to the prcposed assessment or to the r q u t to fife a return is atitled to a h e a r b epon %%&en request within 3Q daya after the dataz the notice was mailed, or within 30 days after the date of personal delivery. If na pquest for a heaxing is timely made, the proposed assessment becaones final without W e r notice.

June 26, 2000 Ordinance Book 50, Pags 406

If a taxp@jner files timely mqu@ ibr hemin& the Tax Ahinis- shall set a hewing &e witkin 90 day% &wt@ the taxpayer kemt 10 &ys pdw to hearihg date. Within 90 days &r the baring, the Tax A d m h W h P 1 meti@ tire: texpayer of* fin& deoision. The taxpayer may then appeal the decision as set f6rth in Secrion 1 1 of this Ordhmw. The Tax Ad&&ratar shall have no tmth(Kitp to waive op eornmmise any k b m s I ot penalty imposed by thip W W e .

S&D I I.., &p&. %City Cmwi1 fm the ofCkEdom, exwising the powers of the Secretary of Revenue in colkothtg Hes and Um Tams, delegates to the ~ i t y ~ a & ~ e r , or her designee, its authority to comppornise or fwgive for mod cause shown any penalty or additiod tax im@ & . , . P u r d t a d ~ t ; & he&&$ met &deeisia&-to de&e the validity @$a tax impasedtby tlae Tea AdiaM-w. IE6;bmpayer ckbw W t a w, additional tax, pp&y or iirtaestis 'e~oessive, ~ .m~~$appgal~m~st~bif i led by tlw @%payer within 30 days afaer the A d tl~tim:BEthe Trw z%&histrrrtpn $g d1d or Iy~ d @ l i v d to the taxmya as pt9vi& in &,&m [email protected] && w. The final-,&&i@n oofW:city h g e r ~ r her designee shall be mailed or d e f i ~ ~ d to the. taxpayer within Wd8y8 after )the hearing. The taxpayer shall pay the tax, additional kax, pa&y or interest without prejudice to any defense the taxpayer bas. The tapaye may filesuit;.f~z a a . ~ im Phc S~paior C~urt of MecIdenburg Courrty pursuant te the povi&m of Sw6hd 267 aflrapter 10'5 ofthe General Statutes.

Section 12. Sererability. Ifany section, clause, or provision of this m c e shall be found to be invalid, the validity of the remining sechons, clauses or provisions shall not be affected h b y .

SeGtioa 13. Authority. This ordbms is ebacted p w t to the pmvisions of G.S. 0160A-215.1.

Section 14. Effective Date. This rn&ant.e and the Ws thareby levied and imposed shall become effe%tiue Jdy 1,2000.

Adopted this the 26th day of June 2000.

Sara Smith Ho-s Assistant City pAdt0111ey

I, Brenda R. F-, City Clerk of tbe City ofcharlottc, North CBTolinq DO HEREBY CEKTIFY that tbe foregoing is a t m e m d ~ c ~ o f m ~ a d o p t c a b y t f b t C i ~ ~ o f t b p C i t y o f C h a r t o t t l , E f a r t h ~ ~ i n ~ ~ a r s e s s i o n c a n v e n e d o n t h t ~ ~ o f ~ , 2 8 0 0 , t h e ~ h a ~ b e c o ~ n & i n ~ B o o k & . a n d d c d in full in Ordinance Book 50, Bee@) 402406 . WITNESS my hand and the empm& seal of the City of Chdottc, No& Caroh, this the -day of &!L, 2000.

CAC Brenda It, F-, CMC, City C1&

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