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2864ORDINANCE NO.2864 AN ORDINANCE AMENDING CHAPTER 5.04 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "LICENSING REGULATIONS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS: Section 1.Chapter 5.04 of the Moses Lake Municipal Code entitled "Licensing Regulations"is amended as follows: 5.04.100 Payment of Fee -Time Limit: A. All persons,copartnerships,companies,associations,or corporations who are engaged in business or in practice of their trades or professions in the city shall procure their license to operate on or before the thirty-firstday of each and every January.In the event the license is not procured on or before January thirty-firstof each year,the following penalties shall apply: 1.If the renewed license fee is not paid before February first,the sum of twenty percent (20%) of the required license fee shall be assessed as a penalty; 2.The sum of forty percent (40%) of the required renewed license fee shall be assessed as a penalty ifthe license fee is not paid before March first; 3.Ifa business license is not renewed byMarch31,enforcement will be taken as provided for in this section. B.All persons, copartnerships, companies, associations, or corporations who commence businessor practice oftheirtrades or professions in the city afterthe thirty-first dayofJanuary ofeach and every year,shall within one month from the commencement date procure their license to operate for the current yearand if the license to operate is not procured within the month,then penalties shall apply and be imposed on the basisofa twenty percent (20%) penalty oftherequired license fee for the first month the business license is delinquent and an additional twenty percent (20%)for thesecond month the businesslicense is delinquent. If a businesslicense isnotprocured after thesixty (60)daydelinquent period,enforcement will be taken as provided for in this section. C. Whenthe Finance Director determines thata violation ofthischapter exists,he orshe may proceed against that violator using the procedures provided in this section. D.Notice of Violation and Order to Pay. Ifthe Finance Director determines that any person, copartnerships,company,association,orcorporation has engaged in any business orpractice of their trade orprofession in violation of this chapter,he or she may issue a Notice ofViolation and Orderto Pay.This Notice will specifically indicate the following: 1.The name and address ofthe person(s)charged with the violation. 2.The street address ordescription ofthelocation ofthe site on which the violation hasbeen determined to exist. 3.The amount necessary tocure the violation,including purchase ofa business license. 4. Thedate bywhich the payment isto be made. 5.Astatement that the civil penalties established in Section 1.20 shall be assessed against the person(s)cited if the payment is not made within the specified time. ORDINANCE NO.2864 Page 2 May 9,2017 E.Appeals:Any Notice of Violation and Order to Pay issued by the Finance Director shall be appealable to the Hearing ExaminerunderChapter 20.03. F.Penalties: 1.Any violation for which a Notice ofViolation and Order to Pay has beenissued but which has notbeen paid within the time specified shall incur a civil penalty oftwo hundred fifty dollars ($250)perdayuptoa sumof five thousanddollars ($5,000),beginning ontheday the payment was tobe made.The cumulative penalty provided for in this paragraphshall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to bar further operation ofa business,trade,or occupation in violation of this chapter. 2.If a penalty has been assessed pursuanttoSection 1.20,a courtshallassess that penalty andany additional penalty thecourt considers appropriate plus court costsandattorney's fees. G. Compromise. Settlement, and Disposition ofDisputes or Litigation.The Finance Directorand the City Attorney maynegotiate asettlementorcompromise,orotherwise disposeofadispute or litigation when todo so would be in the best interestsofthe 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 9, 2017. odd Votja^vlayor APPROVED AS TO FORM: iMMUL Katharine L.Kenison,(City