2765ORDINANCE NO.2765
^AN ORDINANCE AMENDING CHAPTER 5.04 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "LICENSING REGULATIONS"
THE CITY COUNCILOFTHE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 5.40 ofthe Moses Lake Municipal Code entitled "Licensing Regulations"isamended as
follows:
5.04.100 Payment of Fee -Time Limit:
A.All persons,copartnerships,companies,associations,orcorporations who are engaged in
business or in practice of their trades or professions in the city shall procure their licenseto
operate onorbefore thethirty-first day ofeachand everyJanuary.In theeventthe license is
notprocured onor before January thirty-first ofeach year,the following penalties shall apply:
1. Ifthe renewed license fee is not paid before February first,the sum of twenty percent
(20%) of the requiredlicense fee shall be assessed as a penalty;
2. The sum of forty percent (40%)ofthe required renewed license fee shall be assessed as
a penalty ifthe license fee is not paidbefore March first;
3.If a business license is not renewed by March 31,enforcement will be taken as provided
for in this section.
B. All persons,copartnerships,companies,associations,or corporations who commence
t J business or practiceoftheirtrades orprofessions inthe cityafterthe thirty-first day of January
^^^ofeach and every year,shall within one month from the commencement date procure their
license to operate forthe current year and ifthe license to operate is not procured withinthe
month, then penalties shall apply and be imposed on the basis of a twenty percent (20%)
penalty of the required license fee forthe first month the business license is delinquent and
an additionaltwenty percent (20%) forthe second month the business license is delinquent.
Ifa business license is not procured after the sixty (60) day delinquent period,enforcementwill
be taken as provided for in this section.
C.When the Finance Director determines that a violation of this chapter exists,he or she may
proceed against that violator using the procedures provided in this section.
D.Notice of Violation and Order to Pay.If the Finance Director determines that any person,
copartnerships,company,association,orcorporation has engaged inany business or practice
of their trade or profession inviolation of this chapter,he or she may issue a Notice ofViolation
and Order to Pay.This Notice willspecifically indicate the following:
1.The name and address of the person(s)charged with the violation.
2.The streetaddress or description ofthe location ofthe site on which the violation has been
determined to exist.
3.The amount necessary to cure the violation,including purchase of a business license.
4.The date by which the payment is to be made.
5. A statement that the civil penalties established in Section 1.20 shall be assessed against[^J the person(s)cited if the payment is not made within the specified time.
E.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.
ORDINANCE NO.2765
PAGE 2 May 12,2015
F.Penalties:
1.Any violation for which a Notice of Violation and Order to Pay has been issued but which
has not been paid within the time specified shall incura civil penalty of two hundred fifty
dollars ($250) per day uptoa sum of five thousand dollars ($5,000), beginningon the day
the payment was to be made.The cumulative penalty provided for inthis 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 of this chapter.
2.If a penalty has been assessed pursuanttoSection 1.20,a courtshall assess that penalty
and any additional penalty the courtconsiders appropriatepluscourtcosts and attorney's
fees.
G.Ifthe Finance Directordetermines that the violator continues to operate a business, trade, or
professionafter the Notice ofViolation and Order to Pay has been issued and payment has
not been received within the 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 without a business license and payment of any penalties imposed pursuant to this
chapter.Such notice oftermination of utility service shall be issued pursuant to Chapter 13.12
and the procedures therein shall be followed. The Finance Director may refer the matter to the
CityAttorney for civil enforcement by injunction or other appropriate action.
H.Compromise,Settlement,and Disposition of Disputes or Litigation.The Finance Director and
the CityAttorneymay negotiate a settlementor compromise,or otherwise dispose ofa dispute
or litigation when to do so would be in the best interests of the city.
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.
£^WCSW
Dick Deane,Mayor
ATTEST:
APPROVED AS TO FORM:
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