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ORDINANCE NO.2764
AN ORDINANCE AMENDING CHAPTER 3.18 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "GAMBLING TAX"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 3.18 of the Moses Lake Municipal Code entitled"GamblingTax" is amended as follows:
3.18.450 Notice ofViolation and Order to Pay to Correct:
A. General. Ifthe Finance Directordetermines that any person is violating any of the provisions
of this Chapter including but not limited to payment of taxes with the office of the Finance
Director,he or she may issue a Notice of Violation and Order to Pay or Correct. This Notice
will specifically indicate the following:
1.The name and address of the person(s)charged with the violation.
2.The street address or description of the location of the site on which theviolation has been
determined to exist.
3.The amount necessary to cure the violation, including payment of taxes and penalties,
4.The date by which the payment is to be made.
5. A statement that the civil penalties established in 1.20.050(5)shall be assessed against
the person(s)cited ifthe payment is not madewithin the specified time or the violation is
not cured.
B.Appeals:Any Notice of Violation and Order to Pay issued by the Finance Director shall be
appealable to the Hearing Examiner under Chapter 20.03.
C.Penalties:
1.Any violation forwhich a Notice of Violation and Order to Pay or Correct has been issued
but which has not been paidor corrected within the time specified shall incura civilpenalty
of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5,000),
beginning on the day the payment was to be made.The cumulative penalty provided for
in this paragraph shall not accrue while an appeal is pending, nor shall the penalty
preclude the initiation of appropriate legal action to bar further operation of a business,
trade,or occupation in violation ofthis chapter.
2. Ifa penaltyhas been assessed pursuantto 1.20,aCourtshallassessthat penaltyand any
additional penalty the Court considers appropriate plus court costs and attorney's fees.
D. Ifthe Finance Director determines that the violator continues to operate a business,trade, or
profession after the Notice of Violation and Order to Pay or Correct has been issued and
payment has not been received withinthe time specified, the Finance Director shall issue a
notice of termination of utility service to any property permitting such business,trade, or
profession to operate inviolationof this chapter. Such notice of termination of utility service
shall be issued pursuant to Chapter 13.12 and the procedures therein shall be followed.The
Finance Directormay refer the matter to the CityAttorney forcivil enforcement by injunction
or other appropriate action.
E.Compromise.Settlement,and Disposition of Disputes or Litigation:The Finance Directorand
{^)the City Attorney may negotiate asettlement or compromise,or otherwise dispose ofadispute
or litigation when to do so would be in the best interests of the city.
ORDINANCE NO.2764
PAGE 2 lay 12.2015
Section 2. This ordinance shall take effect and be in force five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on May 12,2015.
ATTEST:
Dick Deane,Mayor
Robert Taylor,finance Director
APPROVED AS TO FORM:
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Katherlne L.Kenison,City Attorney
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