Professional Documents
Culture Documents
SUMMONS
(CITAC/ON JUDICIAL} !!fi!ED BY
Superior Court of California,
NOTICETODEFENDANT: Stoffer Jozef Wagelaar and Anna County of Monterey
(AVISO AL DE~NDADO): de Pasquale Wagelaar, as Co-Trustees On 6/7/2017 8:25:51 AM
of the .",fosef. Wagelaar Revocable Trust Established by By: Jessica Ray, Deputy
De~~aration of Trust dated January 31, 2007, as Restated
4
f80'Aaalalft2~ 4\li&eiY~NTIFF: Cit)' of Carmel-by-the-Sea
(LO ESTA ~1/RANDANDO I!L DEIIAANDANTE):
The name, lldchu, lllld telephone number of plalntltre attorney, or plaintiff without an allorneV,Is:
(EI nombre, 111 dlreocl6n y 11/llllmeiO ds lel4frlno dsl /lboglldo del dsmlmdante, o del dematrdllnl& que no liiiM abogtldo, er}:
Donald G. Freeman, P.O. Box 80S, Carmel, CA 93921 (831)624-5339 Ext. 11
G.R. Mozingo, P.O. Box 805, Carmel, CA 93921 (831)624-5339 Ext. 11
. Deputy
DATE:
(Facha)
6/7/2017 Clark, by
(iklct8terioJ
Isf Jesstca
. Ray (Adjunto)
(For PfOO( of~ ilflllillsummons, , . PiiiOI of Servlca of Summana (fonn POSOOtO).)
(Pare proe/Ja de anl1flga llfltstB citatf6n usa e1 folmuJafio PRJOf of Slivioe of Summons, (POS-DfO)}.
NOTICE TO THE PERSON SERVED: You 818 aeM!d
1. CXI aa an Individual defendant
2. D as the pa11011aued undar the ficlitioua nama of (specifY):
3. D on behalf of (fl*/fY}:
under. 0 CCP 418.10 (CO/PMIIIOn) CJ CCP 418.80 (minor)
D CCP418.20(daf'Unctcorp0111llon) D CCP418.70(~)
CJ CCP 418.40 (ssaoc:illllon or paMelslilp) CJ CCP 418.80 (au111oril.ed peraonJ
DO Olhet(l!PecifY): City - Municipal Corporation
4. D by peraonal deliYIIIY on (lifllll):
SUIWVIONS
SUPERIOR COURT OF MONTEREY COUNTY
Monterey Branch. 1200 Aguallto Road Monterey, CA 93940
CASE NUMBER
City Of Cannel by the Sea 17CV002052
ve.
Stoffer JozefWagelaar, Co- Truetfta of the
Joaet'Wqelaar Revocable Truat Eatabllahed By Caaa Management Conference
Declaration Of trust dated January 31,2007 aa
raatated Julv 24 2014 at al.
This notk;e and AltemaHve Dispute Resolution (ADR) Information packet !l!liJI be served together with the
SUmmons and Complaint pursuant to California Rule of Court 3.221. Patties 8ffl required to follow the
case management I'Uiea as outUnad In CBI/fomia Rule of Court 3.722 and Chapter 6 of the Local Rutas of
Court found on the court webslta at www.monteraycgurt.es.oov . A case management statement from
each party or joint statement shall be filed prior to the conference as outlined In California Rule of Court
3.725.
Pursuant to statutes of the Stele of California, It Is the responslbUity of the court to establish procedures
for the timely and effective disposition of civil cases.
The court Is charged with the responsibility ot ensuring all parties a fair and timely resolution of their
disputes, and the court Is In the best posiUon to establish neutral rules and policies without adversely
atrecHng an parties' right to a fair trial. Etrecllve management of the judicial system will build continuing
respect by the community of government, minimize the costs to the parties and the public, and maximize
the probabBity that cases will ba timely resolved.
The goals of the Monterey County clvfl case end trial management system are:
1. To provide an effective and fair procedure for the timely disposition of civil cases;
2. To provide a mechanism to gather needed case lnformaHcn In order to make appropriate judicial
management decisions; and
3. To establish reasonable rules and policies to require that cases reporting 'reedy" for trial may be
tried without unnecessary delay& or Interruptions.
11 17CV002052
12
CITY OF CARMEL-BY-THE-SEA )
)
13 Plaintiff, ) VERIJFIEID COMPLAINT
)
14 v. ) COMPLAINT FOR CIVIL PENALTIES,
15
) PERMANENT INJUNCTION AND OTHER
STOFFER JOZEF WAGELAAR AND ANNA ) EQUITABLE RELJIEF FOR VIOLATIONS
16 DEPASQUALEWAGELAAR,ASCO- ) OF CARMEL-BY-THE-sEA CMC: 17.08.flfi0
TRUSTEES OF THE JOSEF WAGELAAR ) PROHIBITED USES ORDINANCE 89-17
17 ) (PROPERTY OWNER UTILIZING
REVOCABLE TRUST ESTABLISHED BY
18 DECLARATION OF TRUST DATED ) PROPERTY FOR TRANSIENT LODGING
JANUARY31,2007 AS RESTATED JULY 24, ) USES FOR REMUNERATION IN A
19 2014; DOES 1-25. ) RESIDENTIAL DISTRICT).
)
20
Defendants. ) ILLEGAL COMMERCIAL USE OF A
_ _ _ _ _ _ _ _ _ _ _ _ _ ) SINGLE-FAMILY RESIDENCEINTHER-1
21 1
) DISTRICT.
22
REQUEST !FORAN ACCOUNTING OF
23
ILLEGAL RENTAL OF A SINGLE-FAMILY
24 RESIDENCE WITHIN THE R-1 DISTIUCT.
3 INTRODUCTION
5 I. . In the month of May 1989, the Carmel-by-the-Sea City Council unanimously adopted
6 City Ordinance (89-17) of the Carmel-by-the-Sea Municipal Code (hereinafter referred to as C.M.C.)
7 Section 17.08.060. The Ordinance prohibits the "Transient Commercial use of Residential Property for
B Remuneration ... in the R-1 District."
9 2. This Ordinance defines the "Transient Commercial use of Residential Property'' as
10 "The commercial use, by any person, of Residential Property for bed and breakfast, hostel, hotel, inn,
11 lodging, motel, resort, or other transient lodging uses where the term of occupancy, possession or
12 tenancy of the property by the person entitled to such occupancy, possession or tenancy is for less than
13 thirty (30) consecutive calendar days." The Ordinance defmes remuneration as "compensation, money,
14 rent, or other bargained for consideration given in return for occupancy, possession or use of real
15 property."
16 3. The Ordinance further provides that "[a]ny Person acting as agent, real estate broker,
17 real estate sales agent, property manager, reservation service or otherwise who arranges or negotiates for
1e the nse of Residential property... " and "[a]ny Person who uses, or allows the use of, Residential
19 Property in violation [of the ordinance] is guilty of an infraction for each day in which such Residential
2o Property is used, or allowed to be used ... "
21 4. The Ordinance provides that in order to enforce the Ordinance, "[t]he City Attorney
22 may seek legal, itijunctive or other equitable relief... "
23 5. The purpose of the Residential Zoning Districts is to maintain the residential village
24 character of the City and encourage originality, flexibility, and diversity in residential design that
25 respects the forest setting, the constraints of each site, and the surrounding neighborhood. Further, the
26 R-1 Single-family Residential District is designed to provide an appropriate land area for permanent
27 single-family residential uses and structures and to enhance and maintain the residential character of the
28 City. These goals have been set out in the approved General Plan.
COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION
AND OTIIER EQUITABLE RELIEF
2
1 6. On May 181\ 1992, the United States Supreme Court let stand the decision of the
2 California State Appeals Court upholding the validity of Carmel-by-the-Sea City Ordinance (89-17)
3 which prohibits the rental of single-family residences for periods of less than thirty (30) days in the
4 (R-1) Residential District.
5 7. Plaintiff is informed and believes and on that basis, alleges that Defendants and each o
6 them during the period from 2015 through the present date, have continually violated Carmel-by-the-Se
7 City Ordinance (89-17), despite numerous warnings and admonitions, and their written recognition that
8 they have. been advised of the prohibition of their continuing conduct, as set out in Carmel-by-the-Sea
9 City Ordinance (89-17).
10 8. Plaintiff is informed and believes and on that basis, allege that Defendants and each of
11 them during the period from 2015 through the present date, have retained the services of a public
12 website that offers their residence for occupancy for a period of as little as three (3) days in the (R-1)
13 Residential District in further violation of Carmel-by-the-Sea City Ordinance (89-17.)
14 9. Plaintiff is informed and believes and on that basis, allege that Defendants and each of
15 them, have received and continue to receive remuneration for the renting of their single-family residence
16 through the payment program known as "PayPal" and other sources when offering their property for ren
11 for durations of less than thirty (30) days in violation of Carmel-by-the-Sea City Ordinance (89-17).
18 I0. Defendants, through their refusal to comply with the Carmel-by-the-Sea City Ordinanc
19 (89-17), have displayed their contempt for the law and their intention to violate Carmel-by-the-Sea City
20 Ordinance (89-17), to the detriment of the community and citizens of Carmel-by-the-Sea.
21
24 II. Plaintiff, City of Carmel-by-the-Sea, is a general law city and municipal corporation
25 organized and existing pursuant to California law and the California Constitution.
26 12. Plaintiff is informed and believes and on that basis, allege that Defendants and each of
21 them are the owners of a single-family, residential property held under a Revocable Living Trust. The
28
21 16. On December 291h, 2015, Contract Code Compliance Officer, AI Fasulo, mailed a
22 notice of violation letter to Defendants addressed to Josef Wagelaar, a trustee ofthe Josef Wagelaar
23 Revocable Trust, (hereinafter referred to as Defendants), informing him that he was in violation of
24 Section 17.08.060 of the Carmel-by-the-Sea Municipal Code City Ordinance (89-17), "Transient
2s lodging uses for remuneration prohibited in the residential districts ... " Defendants were also informed
26 of the VRBO website listing them as the owners of the subject property, as evidence ofthe prohibited
21 activity.
28
26 Ill
27
26 III
27
20 Ill
21
22 Ill
23
24 Ill
25
26 !II
27
5 June 5,
Dated: _::.==-::..!.--_ _ _ _ _,2017
6 Respectfully Submitted,
7
12
13
14
15
16
19
20
21
22
23
24
25
26
27
28
COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION
AND OTHER EQUITABLE RELIEF
12
1 VERIFICATION
2
3 STATE OF CALIFORNIA )
)
4
COUNTY OF MONTEREY )
5
17
18
Marc Wiener
20
21
22
23
24
25
26
27
28
Josef Wagelaar
567 Touriga Ct.
Pleasanton, CA 94566
It has been called to the attention of the City of Carmel-by-the-Sea that you are the owners of the
above-noted property and that you may be renting a residential unit on the property in violation of the
CitY's 30day minimum requirement for non-transient rentals. On December 14, 2015 the residence
located at Guadalupe between 3'0 and 4'" was observed on the "Vacation Rentals by Owners,"
, / www.vrbo.com website as listing #273380.
The City's Municipal Code, in Section 17.08.060 (Ordinance 89-17), states that "transient lodging uses
for remuneration are prohibited in the residential districts..." A copy of that section of the Municipal
Code is attached for your reference. The definition of "tr<~nsient" is set forth in Municipal Code Section
17.70.020 as "a period of time less than 30 consecutive days."
On May 18, 1992, the United States Supreme Court let stand the decision of the california State Appeals
Court upholding the validity of Carmel-by-the-Sea's City Ordinance 89-17 which prohibits the rental of
single-family residences for periods of less than thirty calendar days in the (R-1) residential district. A
copy of the ordinance is enclosed for your reference.
The City realizes that you may not have had prior knowledge of this prohibition; however we are
bringing this to your attention and the City also requires that you cancel any active or pending rental
contracts that are not in compliance with these regulations and return any deposits you may have
received.
EXHIBIT A
-
/ 9~'- -'b
..
Please sign the enclosed copy of this letter acknowledging that you are now aware of Ordinance 89-17.
The statement also confirms that you will cancel rental contracts, if any, and return deposits you have
received, if any, which are prohibited by this ordinance. Please return the executed copy of this letter in
the envelope provided no later than January 8, 2016.
Please also understand that this letter serves as a formal notice to you that any violations of Ordinance
89-17 by you or your rental agent acting on your behalf will result in the City taking immediate legal
action.
Your cooperation is greatly appreciated. If you have any questions or comment about this matter please
contact me.
Sincerely,
AI Fasulo
Contract Code Compliance Officer
cc: Donald Freeman, City Attorney
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htips://www.vrbo.cxxn/273380 EXHIBIT B
,4/412p16 Dream Vacation In Your Own Uttle Dutch Casetta- VRBO
., !
l:. ... . . .i ... :;,
iI . .
VRBO checkout, your
booking is backed by our
Book with Confidence
Guarantee
Minimum stay: ......... 3-30 nights Learn more
Internet: ....... . Yes
Pets considered: ... Yes
Save to my favorites
Wheel chair accessible: .. .. N/A
Reviews ~ 26
Sleeps 6
Property description Bedrooms 2 ;
Bathrooms 2
Intimate and private Dutch casetta, walking distance (3 blocks)
Property type House
to downtown Carmel-by-the-Sea and 12 blocks from the world
renowned Carmel Beach. Our home is surrounded by trees with
two bedrooms (2 queen), two full baths and vaulted ceilings
with skylights throughout.
There are two wood fireplaces and a private dining room with
seating for 6. French Doors lead to a private patio equipped
with a gas grill and outdoor dining furniture. The kitchen is fully ; Owner
equipped with tiled counters, gas range, dishwasher, disposal, i Member since: 2009
--.and-microwave.A-washer.and-dryer are also available in the j-S~ks:.E_ngllsh - ----~-----;--.
I
kitchen area. Send email
;~
There is space to park 1 car in the garage and additional space
for 1 car in the driveway. Parking on the street is also available. : Response Within 12 .
time hours i
No smoking please. j
Keywords:
Property Type
House
Accommodation Type
Vacation Rental
Meals
Guests Provide
Their Own Meals
Bathrooms: 2 Bathrooms
Bathroom 1
Bathroom 2 advertisement
Entertainment
DVD Player Satellite I Cable Stereo
VCR
hllos:llwww.vrlncanl273380
~1412,016 ' Dream Vacafion In Your Own Utile Dutch Casella VRBO
Attra~lons
Museums Restaurants
Leisure Activities
Antiquing Shopping Wildlife Viewing
Horseback Riding Sight Seeing
Dining
Dining Area
Kitchen
Cooking Utensils Kitchen Refrigerator
Dishwasher Microwave
Outside
Deck/ Patio Outdoor Grill
Reviews
5~from Write a review
26 traveler reviews
JII1A
Dream Vacation in Your OWn UHie Dutch Casetla VRBO
Owner response:
Thank you for the note,please Jet us know I
what are the minor updatesr
Thanks Anna Joe
I
Was this review helpful? 0 . Yes 0 No ,
. .
tt!fl:::. We (2 couples) rented this lovely cottage for three
nights. It is perfect for a trip/visit to Carmel
ED (which we have been doing for over 30 years). Joe
and Ana, the owner's are very friendly and
accomodating. The house is very well equipped
with virtually everything you will need. Extremely
roomy with wonderful outdoor patio and lots of
windows doors, and skylights. One bathroom is en
suite and the second just outside the door of the
other bedroom. The location Is very quiet in
contrast from many of the motels/hotels that are
closer to the beach, but the cottage is still within
walking village of main Carmel attractions. We
highly recommend it as an alternative to local
hotels. You will need to provide your own
breakfast, but you have the ability to cook full
meals (nice kitchen), and the local Safeway is
about a mile or so away. In response to one of the
comments on this website, the owner has installed
a new wide screen HD TV in the living room.
hllns11www.vrlnr.om1273.'lRO Af1A
Dream 14lcalion In Your Own Ultle Dutch Casella VRBO
1'-14~~-:;;,
Getaway with Friends
~
Marcie we really liked the property. Very Comfortable. Lots
SF, Cal of windows/light. About .7 mile to town.
Since we hike most of the day and eat in at night,
we usually watch movies. Would be nice to have an
updated flat-screen TV in Living Room.
Owner response:
Next time you come I make sure you have a
flat screen Tv
- - - " -- ----Tilankyouforyoo for your comments and
review
Oates
' Nightly
1
Weekend Night Weekly Monthly * Event
41412016 Dream Vaoalion in Y<lJf Own Uttle Dutch Cesetle. VRBO
REGULAR
Jan 2 Jan
2, 2017 $325 $2,200 $7,000
3 night min
stay
My
Standard
Rate $7,000
30 night
min stay
*Approximate Monthly rates, actual rate will depend on the days of the month you stay
Fees:
Cleaning Fee .$150
Pet Fee $50
Taxes. Not included
April2016
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' 41412016 Dream 1/acaUon In Y<U Own UIUe Dutch Casella- VRBO
.
Location
Owner info
Year Purchased: 1988
Contact us
Speaks: English
1411R
' 41412016 Dream Vacation in Your Own UHie Dutch Ceselta- VRBO
.Photos
VRBO #273380
Partner Offers
Car rentals -Search, Compare & Save
Pick up location
10 v 30 10 v 30 v
Driver's age ?
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City of CQrmef...by. .fthe . .sea
COMMUNITY PLANNING AND BUILDING DEPARTMENT
POSTOFFICfDRAIIIIBG
GARMEI-BY-TH&SEA, CA 93921
(831)62~010 OFFICii
Josef Wagefaar
567 Touriga Ct.
Pleasanton, CA 94566
The City's Municipal Code, In Section 17.08.060 (Ordinance 89-17), states that "transient lodging uses
for remuneration are prohibited In the residential districts ..." A copy of that section of the Municipal
Code Is attached for your reference. The definition of "transient" Is set forth In Municipal Code Section
17.70.020 as "a period of time less than 30 consecutive days."
On May 18, 1992, the United States Suprem!! Court let stand the decision of the California State Appeals
Court upholding the validity of carmel-by-the-Sea's City Ordinance 89-17 which prohibits the rental of
single-family residences for periods of less than thirty calendar days in the (R-1) residential district. A
copy of the ordinance Is enclosed for your reference.
The City realizes that you may not have had prior knowledge of this prohibition; however we are
bringing this to your attention and the City also ~quires that you cancel any active or pending rental
contracts that are not in compliance with these regulations and return any deposits you may have
receiVed.
EXHIBIT C
.. '
Please sign the endosed copy of this fetter acknowledging that you are now aware of Ordinance 89-17.
The statement also confirms that you will cancel rental contracts, If any, and return deposits you have
received, if any, which are prohibited by this ordinance. Please return the executed copy of this letter in
the envelope provided no later than May 13, 2016.
Please also understand that this letter serves as a formal notice to you that any violations of Ordinance
8917 by you or your rental agent acting on your behalf will result in the City taking immediate legal
action.
Your cooperation is greatly appreciated. If you have any questions or comment about this matter please
contact me.
---------------------
- ---- ------
City of CDrmel..foy-the-Sea
COMMI.INITY PLANNING AND BUilDING DEPARTMENT
PO.ITOI'JIICE DRAW!ItG
CARMEt-8YTH.SEA. CA 93921
(8JI)620-2010 OFFICE
To: AI Fasulo
I hereby acknowledge that 1/we have received a copy of Carmel-by-the-Sea Municipal Code Section
17.08.060 (Ordinance 89-17) prohibiting rental of single-family residences in the (Rl) District for
periods of less than thirty consecutive calendar days. I also acknowledge that I have cancelled any rental
agreements, returned any deposits that may have been received in reference to short-term or transient
rentals specifically regarding, but not limited to, the residence located at Guadalupe between 3"' and 41h _________
and that I wftl modify all internet lfstlng{s) to reflect no less than thirty-day rentafan!IOi:li: 41, I.Ot: 16;
-- -- -- ----Al'N:olb.:oi3:018_____ -- -
Print Name: ______________________
Signature:-----------------
Signature: _ _ _ _ _ _ _ _ _ _ _ __
Date:----------
Mailing Address: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Property Information
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C][TI' OF CARMEL-BY-TJ8IE-SEA
C]['fY COTUNCKL
OlllD][NANCJE NO. 89~17
-
AMENDING AND RESTATING ORDINANCE 88-24 RELATING TO TRANSmNT
COMMBRICAL USB OF Rl!SIDENTIALPROPERTY IN THE R-1 DISTRICTS.
B. The use of single-family residential property for bed and breakfast, hostel, hotel, inn,
lodging, resort, or other transient lodging p11rp08es is found to be a commercial use and is
thus inconsistent with theplil'posei; and objectives of the R-1 District.
D. Prohibiting such oommercial use of single-family residentiBI property in the R-1 District,
and restricting such uses to sites authorized or pennitted by the Carmel Municipal Code
is necessary to maintain the integrity of the R-1 District.
E. This ordinsnce implements 1988 Revised General Plan Objective 01-12 which provides:
"Intensify enforcement of zoning oodes to maintain the residential character of the city."
.. . .
F. This Ordinance implements 1988 Revised General Plan Policy P1-37 which provides:
"Review and develop measure to restrict commercial short term rental of single family
residences in the R1 district."
G. This Ordinance implements 1988 .Revised General Plan Policy P3-l2 which provides:
"Pre~rve existil!g permanent housing and maintain the vital residential character of
Cannel-by-the-Sea. Prohibit c:xpansion of visitor oriented commercial uses such liS
transient rentals."
H. This Ordinance implements 1988 Revised General Plan Policy P3-18 which provides:
"Encourage the conversion of commercial transient housing to housing for permanent
residents."
L Government Code S!.lion 65860 provides: "Zoning ordinances shall be consistent with
the General Plan."
J. In relation to the size ofthe R I District, the City provides sufficient accommodations for
transi!lDt visitors in the commereially zoned districts where approximately 950 transient
units exist.
~- -. ------------
K. After considerstion of alternative means of achieving the objectives and intent of this
On:linance, it is determined that no effective means of achieving the objectives herein
enumerated exists except by enactment of this Ordinance.
"Transient" means a period of time less than thirty (30) consecutive days.
2. Promote the public health, safety and general welfare of the City.
___ __ 4. @pl~mt provisions of the General Plan, and advance the ptirposesliilif oli)eciives--
of Title 17 of the Cannel Municipal Code.
B. DEFINITIONS.
1. EXcept as otherwise defined or \Wlere the context otherwise indicates, the following
defined words shall have the following nteaning:
d. "Transient" means a period of time less than thirty (30) cooseeutive calendar
days.
.. ..
2. The definition herein includes the singular and plural meanings of each defined word.
I. Any Person acting as an agent, ~ estate broker, real estste sales agent, property
manager, reservation service or otherwise who arranges or negotiates for the use of
Residential Property in violation of the provisions of this--.Section
- - ''
is_8!1iJ_cy ofJn___ ..
--------
.. infraction fu~each day in which such Residential Property is used, or allowed to be
used, in violation ofthis Section.
2. Any Person who uses, or allowed tbe use of, Residential Property in violation of the
provisions of this Section is guilty of an infraction fur esch day in which such
Residential Property is used, or allowed to be used, in violation of this Section.
B. The City Attomey may seek legal, injunctive, or other equitable relief to enforce this
Section.
C. The mnedies and penalties provided in this Section are cumulative and not exclusive.
Seetion 7. SEWRAJ!LILIT.
A. If any provision of this Ordinance or the application thereof of to any person or
circumstance is held invalid, the l'liillaindet of the Ordinance, including the application of
such pl!rt ofprovision to other persons or circumstances, shall not be affected thereby and
shall continue in full force and effect. To this end, provisions of this Ordinance are
severable.
B. The City Council hereby declares that is .would have passed each -seotion,-subsectton;- - --
--- --subdiVision, -P~~ph, sentence, clause or phrase be held unconstitutional, invalid or
unenforceable.
- -n.--
&WB:
....,.l
~ ~' J'!ar:cber-1 1&1olC111 JfflJ.ee:, lltdg'ht, D's-ace
~n....,_..r~
' ..
City of Carmel-by-the-Sea
COMMUNITY PLANNING AND BUILDING DEPARTMENT
POST OfFICI DRAWIRG
CARMEWVTHE41iA. C\ !PJ!nl
CIIJI) 62NOIO OI'FIG
(BJI) 62Nin~ IWI.
A Liability and Enforcement. Any person acting as agent real estate broker, real estate sales agent, property
rnaneger, rese111allon service or othwlse who arranges or negoflalas for the use of rasidantlal properly In
vlolaUon of the provisions of lhls sacflon Is guilty or an Infraction for each day in which such mldential property
Is used, or allowed to be used, In violation of lhls section.
- - --------------- -----~-- ---~
-- --s:Jnfiilctions: AiiYi>eniOnwhoiiries, or allows lhe use of, residential property in vlolallon of the pro1rislons of
lhls secllon Is guilty of an lnflacUon for esch day In which auch rasldenDal property Is used, or allowed lobe
used, in violation oflhls section. (Ord.2004-02 1, 2004: Old. 2004-01 1, 2004).
Citty of CarmeJ...by,.tthe-Sea
COMMUNITY PLANNING AND BUILDING DEPARTMENT
POST OffiCE DRAWER G
CARMEL-BYTHUEA, CA 93921
(831)620.2010 OFFICE
To: AI Fasulo
I hereby acknowledge that 1/we have received a copy of Carmel-by-the-Sea Municipal Code Section
17.08.060 {Ordinance 89-17) prohibiting rental of single-family residences in the {Rl) District for
periods of less than thirty consecutive calendar days. I also acknowledge that I have cancelled any rental
agreements, returned any deposits that may have been received in reference to short-term or transient
rentals specifically regarding, but not limited to, the residence located at Guadalupe between 3'd and 4...
an~ _th~tJ.I.Villm()dify ~11 il'!te_rnet listlng{s) to reflect no less than thirty-day rental at Block:-41; lot~16;------ -- -
APN: 010-023-018
Signature:
Signature: _ _ _ _ _ _ _ _ _ _ __
Email addess:
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Avg. Nightly $325
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accurate pricing
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Read more about our Book with Confidence case of accidental damage.
Guarantee
Get it' : ,
; Feedback . .,
L .. ... ,, ~-,_ --~--- ._.,._!
Property Type
House
Accommodation Type
Vacation Rental
Meals
Guests Provide
Their Own Meals
Suitability l
Children Welcome Non Smoking Only Pets Considered
Entertainment
DVD Player Satellite I Cable Stereo
".:/Jwww.vrbo.com/273380
Dream llacationinYour OWnUIIleDutchC..etta VRBO
'****ff
I,
27 traveler from
5
reviews Write a review
Anonymous *****
The location worked perfect for a nice walk to town
or the beach during the day. Carmel has some
'feedback;
I!DS://www.vrbo.coml273380
Dream Vacatico In '!l>ur 0Nn Utile Duich Casella- VRBO
Recommended for: Pet owners, Sightseeing, Girls getaway,
Age 55+, Romantic getaway
owner response:
Next time you come I make sure you have a
flat screen Tv
Thank you for you for your comments and
review
httos:/lwww.vrbo.com/273380
..
01'10/;tUlf:j
. . Dream \!lcatlon fn 'lhur OWn Ultle DU!ch Casella- VRBO
Notes:
A one time deaning fee of $150.00 Is required for each rental period.
August2016
httos:/Awlw.vrbo.com/273380 1111A
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January 2017
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Today ;.23 Selected dates
l '
lnbox Joe Wageltar Hello Rayne Thank you for the i Mar 14 at 12:46 PM -td
Drafts
I
Sent
r.,..,.,..,.hoo.com Good morning Joe, Mar 16 at 5:36 AM
*
Archive V 110\D \0. <I \E\\. YOHI\
Spam
Joe Wagel11r Yes you nn pay with PAY PALt Mar 16 at 11:05 AM
* /'t'ltlfll'ltl~ 1/w /Jt~ltui ( '111/,,Jhm
Trash V I'IYIItfalr&OO)'Ihoo.com Hello Joe, That milk Mar 17 at 8:15-AM 1< SHOPNOWt
,. smart Views
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Jn Wlgtllar You go to google wallet and th Mar 17 at 10:03 AM
* ll>
Click to ! .. i :or-.
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EXHIBIT F
l' On Flfday, Marcb 17, 2017 3:18AM, R @yahoo.cam < @@Jyahoo.com> wrote:
Hello Joe,
That makes It easier, thank you. What website do I go to pay with PayPal? Or Google?
Thanks,
R.
thank you
Joe
Thank you, I was finally able to make contact with the group. Did you say I can pay with Paypal? This would be much easier for all of us.
Rayne
Hollo Rayne
Thank you for the Inquire,
The house Js available from June 3 until June 12 that Is for 9 nights
Thoto1al cost wiD be $3,075.00
II you like to make a reservation 1need a $300.00 deposK to hold the reservation
tho balance is due 15 day"s bafore chock In
Carmel only allow me one reservation per month, so you will have to go to me directly
So these are the days each group has, we Mt not renting together, as I mentioned this Is due to our group being bigger than expected:
fst eroup: Ray Dlazleol Soluroay night fl/3117 through Wedliesday night fl/7117. 5 ntghto,
2nd group: Gregoty Griffith Thursday night 618117 through Tuesday morning 6/12/17, four nights.
My previous e-mail was slightly incorrect in lhe dates. Pleue give me a re-cap on the days for each and If we missed a day or two please lei me know as soon as possible
so we can adjust OUI" scfledure.
Thank you.
-Rayne
v' On Friday, March 24, 2017 8:05AM. Jo& Wagelaar . . . . .@yahoo.com> YII'Oie:
hetlo Rayne,
Yes evetythlng Is ok, as soon Jhave the deposit I Will send you the dlrettion to the house and how to gel in
Joe
So I just need to make sure we both have the dates correct and would we pay $150 each or how much each?:
We will be there on Saturday June 3rd through Wednesday June 7th, 2017. Raymundo Oiazleal will be paying through Paypal to Include the
addHional3%.
My friends will be there on Thursday June 6th through Monday June 12th, 2017. Gregory Griffith will be paying for those days.
Thank you and I apologize for calling you so early In the morning, but I have time usually on Fridays.
Rayne;)
Don~ Worry If by any reason you have to cancel I wiD refund your deposit
Thank you
Joe
Perfect! One more question and I think you've already told me by phone, but I forgot. If by some reason (due to work obligations) we need to
cancel, what Is your policy? And how In advance can we do this?.
Thank you,
Rayne
Joe Wagelaar
SLibJect: Re.: Dutch CaseHa
FrOm: RaYne Falrsom @:yahoo.com)
To: iYahoo.oom:
Date: Fri~ay, M- 24, 2017 8:14AM
Ok, sounds perfect Mr. Wagelaar. I am going to pay our $150. first. Then our friends will do the same, all today. If I have questions I will call
you.
Thank you,
-Rayne
hello Rayne,
Yes everything Is ok, as $OM I have the deposit I YAU send yoU the dlrectJon to the house and how to get In
Joe
So I just need to make sura we both have the dates correct and would we pay$150 each or how much eac
We will be there on Saturday June 3rd through Wednesday Juna 7th, 2017. Raymundo Di821eal will be p ng through Paypal to Include the
addlllonat3%.
My friends will be there on Thursday June 6th through Monday June 12th, 2017. Gregory Griffith will be
Thank you and I apologize for calling you so earty In the morning, bull have time usually on Fridays.
-Rayne;)
On Friday, March 17, 2017 11:33 AM, Joe Wagelaar l)'ahoo.com> wrote:
Don't Worry if by any reason you have to cancel f JNt" refund your deposit
Thankycu
Joe
Perfect! One more question and I think you've already told me by phone, but I forgot. If by some reason (due tow obligations) we nead to
cancel, what is your policy? And how In advance can we do this?.
Thank you,
Rayne
/
On Friday, Ms~h 17, 2017 10:03 AM, Joe wagelear yahoo.com> wrote:
,.,
Onlb
sent
Atdio,.e
Sj::im
Tr.uh
helloRayn..
V~ts e\'el)'lhing Is. ck 111 soon I tta.ve the dfposit I t-ill nnd y~ the dft:lion to Ute hous-e anti how 10 get in
Rt.~:l!l11 i.
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f-~-----------------------------------------~
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Gregory Griffith: Dutch Casetta Rental Home, Carmel, CA, to Mr. Joe Wagelaar: For short term rental stay on Thursday night 6/8/17 through
Tuesday morning 6/12/17, four nights
era~ x.
0
You'\<e sent $150.00 to joewagelaat@yalloo.<:om "'
~
1-1
el
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~ ~-}
: --~----co to Summlf)'
.
.. Fb mII!ID (I
~: Y~u sent a payment
From: "Greg Griffith" ~ge~gr.oom> 03/24/17 02:07 PM
To: ''Irma S. Gowin"
PayPal transaction
' ' Dutch Casetta Rental Home, Carmel, CA, to Mr. Joe ' '
Wagelaar: For short term rental stay on Thursday
night 6/8/17 through Tues morning 6/12/2017.
Thank you.
Transaction Details
If you do not receive your refund, you may be entitled to your money back plus a penalty of up to
$1000 and attorney's fees pursuant to Section 2102 of the California Financial Code.
PayPalls. committed to preventing fraudul~nt emalls. Emails from PayPal will always contain your
full name. Learn toldentitvnhishlng.
Please do not reply to thfs email. To get in touch with us, dick Hem & Cony ct.
PayPal PPC000956:d9548d751dd39
FW: Dutch Casetta
From: "Greg Griffith" ~csgengr.com> 03/24/17 02:06 PM
To: "Irma S. Gowin" ._,csgengr.com>
HeRo Gregory,
I did receive ~ur 150.00 deposft for June 8 untlllhe 12111 Tank~
Joe Wagelaar
FW: Dutch Casetta
From: "Greg Griffith" 03/29/17 08:48AM
To: "Irma S. Gowin"
HI Gregory,,
Thank ,ou lor making a deposit by Pay Pal
The balance Ia due 15 Day,s before meek In
Hare Is the addresa.The address Is Guadalupe 2nd n/e off fourth ave Carmel by the see
there are no houae #In Carmel
Hare are the dlredion,
If you c:ome from Monterey on hwy 1 you make a right on Carpenter you stay left then ,ou make a right on Fourth ave
the next right Is Guadalupe K Is the 2nd house on the right
!hare Is alockbox by the door the combination Is 1027
dledkln tme Is 4 PM dleckoul tinols 11 />Jd
Please put the garbage In the small garbage can,
Please put altho bottles paper plsatlo "'"' In the reC)'t:le bin
don' put garbage in the~ bin THANK YOU
Please turn off all lights. and tum down the heater pleaea
To tum on the Heater plsaaa turn both lavors to the rlaht
Wyou uee the bafbeque plsaee tum off tho Gos otherwise Hleaks gas
Thonk,ou
Anny quastlon Emai or cal me any limo
..
Pleaee let me know that you got there ok
Thank you
Have a good tme
Helo Gregory,
I did receive your 150.00 daposK for Juno 8 until !he 12th Tank you
Joe Wagalaar
Transaction History
Mar 18, 20171hrough Mar 25, 2017 /P IP'ayPal
Diazlea~ndo
Email:~gmail.oom
3125/2017 Payment Sent: Dutch CaseHo Completed USD 150.00 -4.65 154.65
i0:2LVV65264/URB14892!)
312512017 Challlod PayPol Completed USD 154.65 0.00 154.65
MasterCord<sup>®</sup>: PayPal
MasletCanl
10: 04P881411P838&54M
........................................................................................................................................................................................................................................
3/24/2017 Chargod PayPal Denied USD 154.65 o.oo 154.65
MaslerCard<sup>®</sup>: PayPal
MasterCanl
10:8S52038&SG108181P
3/2412017 CflaiTlad PayPal Danlod USD 154.65 0.00 154.65
Maet..Card<sup>&fl174;</sup>: PayPal
MasterCan!
ID: 9VA71365305725258
........................................................................................................................................................................................................................................
312412017 Chalved PayPal Daniod USD 154.65 0.00 154.65
MasletCardcsup>&fl174;</sup>: PayPal
MaslerCanl
10: 5U126801E81508425
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PayPal Transaction Mar 18, 2017 through Mar 25, 2017 Page1
EXHIBIT H
PayPal Payment: Dutch Casetta Rental Home, Carmel, CA, to Mr. Joe Wagelaar: For short term rental stay on Saturday night 6/3/17 througtt
Wednesday night 6/7/2017, five nights.
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- - - - - - - - - - - - -..- - - - - - - - - -
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YoU've sent $15t\OO to J""'vogelur@Yalloo.com
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Go to Attivlty
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Page 3 of3
PayPal Payment: Dutch Casetta Rental Home, carmel, CA, to Mr. Joe Wagelaar: For short term rental stay on Saturday night 6/3/17 through
Wednesday night 6/7/2017, five nights.
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Page2 of3
From: "Ray 03/31/17 12:46 PM
To: Mom
Thank you,
-Ray
' ' Dutch Casetta Rental Home, Carmel, CA, ' '
to Mr. Joe Wagelaar: For short term
rental stay on Saturday night 6/3/17
'Fwd:~utch Casetta
From: ~lazleal" ~gmail.com> 03/26/17 04:30 PM
To: -csgengr.com
Thank you,
-Ray
Hi Raymundo,.
Thank you for making a deposit by Pay Pal
You are staying 5 nights starting june 3 2017
The balance is due 15 Day,s before check in
Here is the address.The address Is Guadalupe 2nd nle off fourth ave Carmel by the see
there are no house # In Carmel
Here are the direction,
if you come from Monterey on hwy 1 you make a right on Carpenter you stay left then you make a right on
Fourth ave
the next right is Guadalupe It Is the 2nd house on the right
there Is a lockbox by the door the combination Is 1027
check in time Is 4 PM checkout time is 11 AM
Please put the gadlage In the small gartJage can,
Please put all the bottles paper plastic axe. in the recycle bin
don't put garbege In the recycle bin THANK YOU
Please tum off all lights, and tum down the heeler please
To tum on the Heater please tum both levers to the right
If you use the barbeque please tum off the Gas otheJWise It leaks gas
Thank you
Anny question Email or call me any time
Please fat me know that you got there ok
......
Thank you
Have a good time
t~~jj
'\.:__ ...
RIGHTTO REFUNO
You, the customer, are entitled to a refund of the money to be transmitted as a result of this
agreement if PayPal, Inc. does not forward the money received from you within 10 days of the date of
its receipt, or does not give Instructions committing an equivalent amount of money to the person
designated by you within 10 days of the date of the receipt of the funds from you unless otherwise
Instructed by you.
If your instructions as to when the money shall be forwarded or transmitted are not complied with
and the money has not yet been forwarded or transmitted, you have a right to a refund of your
money. If you want a refund, you must mall or deliver your written request to PayPal, Inc. at P.O. Box
45950, Omaha, N 68145-0950.
If you do not receive your refund, you may be entitled to your money back plus a penalty of up to
$1000 and attorney's fees pursuant to Section 2102 of the California Financial Code.
PayPal is committed to preventing fraudulent emalls. Emails from PayPal will always contain your full
name. l.earn to Identify phishing.
Please do not reply to this email. To get In touch with us, click Help & Contact.
PayPal PPC000956:e288ba:6a262a
~hapter 1.16 UbNERAL PbNALTY http://www.codepublishing.com/CA/CarmelbytlteSealhtml/CarmelO 1...
Chapter1.16
GENERAL PENALTY*
Sections:
1.16.010 Violation- Penalties.
For statutory provisions authorizing cities to impose fines up to $500.00 or imprisonment up to six months,
or both, see Government Code ~; for provisions authorizing the reduction of City ordinance violations
to infractions, see Government Code ~.
B. Each day, or portion of a day, that a person violates, or continues to violate a provision of the Carmel-
by-the-Sea Municipal Code shall constitute a separate violation for which a person may be charged and
punished separately without awaiting conviction on any prior violation.
a. Chapter .11AQ CMC regarding signs and display cases, the violation of which shall be an
infraction; and
b. CMC 17.08.060 relating to transient rentals, the violation of which shall be an infraction.
D. A pedestrian convicted of an infraction for a violation of any section of this code adopted pursuant to
the California Vehicle Code shall be punished by a fine not exceeding $50.00.
E. In the event applicable provisions of State law specify a conflicting penalty for a violation of this code
or any section of this code enacted pursuant to State law, then the State law provisions shall supersede
the penalties provided for in this code for such violation.
F. Every person convicted of a violation of this code determined to be an infraction shall be punished as
follows:
2. For a second infraction occurring wfthin one year of a prior infraction which resulted in a
conviction, a fine not exceeding $200.00 for each violation; and
3. For a third and any subsequent infraction occurring within one year of two or more infractions
EXHIBIT I
1 of2 6/2117,3:25 PM
Chapter 1.16 GENERAL PENALTY* http://www.codepublishing.com/CAICannelbytheSea/html/CannetO 1...
which resulted in convictions, a fine not exceeding $500.00 for each violation.
G. Every person convicted of a violation of this code determined to be a misdemeanor shall be punished
as follows:
H. The City shall be entitled to recover all costs of enforcement of violations of these chapters. When
applications for retroactive approval of design or use changes are filed as a remedy for violations of
CMC Title 17, the design change shall be eliminated and/or the change in use terminated until final
approval by the City. The applicant shall reimburse the City for all costs of enforcement related to the
specific application. Costs of enforcement shall include: all personnel time and material costs involved
in:
2. Performance of investigations;
I. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this code.
J. The penalties and civil remedies provided for in this section and in Chapter 17.!;2 CMC are cumulative
and not exclusive. (Ord. 2016-05 1, 2016; Ord. 95-17 1 (Exh. A), 1995; Ord. 93-30 1, 1993; Ord.
93-14 1, 1993; Ord. 92-18 2, 1992; Ord. 79-21 27, 1979; Ord. 78--9 1, 1978; Code 1975 30).
2of2 6/2/17,3:25 PM
FROM CARMEL-BY-THE-SEA MUNICIPAL CODE:
17.08.060 Prohibited Uses.
E.l{HIBIT J
Chapter 3.32 TKAN:SJI:iNT OCCUPANCY TAX* http://www.codepublishing.com/CA/CarmelbytheSealhtmVCannel03...
lA
Chapter 3.32
TRANSIENT OCCUPANCY TAX*
Sections:
3.32.010 Definitions.
3.32 020 Tax Imposed.
3 32.030 Exemptions.
3.32.040 Duties of Operator.
3 32 050 Registration.
3 32.060 Reporting and Remitting.
3 32.070 Penalties and Interest.
3.32.080 Failure to Collect and Report Tax- Determination of Tax by Assistant City Administrator.
3 32.090 Appeal.
3 32 100 Records.
3.32.110 Refunds.
3.32.120 Actions to Collect.
3 32.130 DisposHion of Proceeds.
3.32.140Disclosure of Business of Operators -limHation on Rule.
3 32.150 Violation - Penalty.
* For statutory provisions authorizing local transient occupancy taxes, see Revenue and Taxalion Code
7280 and 7281 .
3.32.01 0 Definitions.
-----------------------------------
Except where the context otherwise requires, the definitions given in this section govern the construction
of this chapter:
A "Hostelry" means any structure, or any portion of any structure, which is occupied or intended or
designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel,
inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment
house, dormitory, public or private club, mobile home or house trailer at a fixed location; provided, the
mobile home or house trailer is not located within a mobile home park and the tenant is not an employee
of the owner or operator of the mobile home or house trailer, or other similar structure or portion thereof.
B. "Occupancy" means the use or possession, or the right to the use or possession of any room or
rooms or portion thereof, in any hostelry for dwelling, lodging or sleeping purposes.
C. "Operator" means the person who is proprietor of the hostelry, whether in the capacity of owner,
lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator
performs her/his functions through a managing agent of any type or character other than an employee,
the managing agent shall also be deemed an operator for the purpose of this chapter and shall have the
same duties and liabilities as her/his principal. Compliance with the provisions of this chapter by eHher
the principal or the managing agent shall, however, be considered to be compliance by both.
D. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal
organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate,
EXHIBIT K
I of7 6/2/17, 3:26PM
Chapter 3.32 TRANSIENT OCCUPANCY TAX* http://www.codepublishing.com/CA/CarmelbytheSea/htmVCarmel03 ...
E. "Rent" means the consideration charged, whether or not received, for the occupancy of space in a
hostelry valued in money, whether to be received in money, goods, labor or otherwise, including all
receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom
whatsoever.
F. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of
concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar
days or less, counting portions of calendar days as full days. Any such person so occupying space in a
hostelry shall be deemed to be a transient until the period of 30 days has expired unless there is an
agreement in writing between the operator and the occupant providing for a longer period of occupancy.
In determining whether a person is a transient, uninterrupted periods oftime extending both prior and
subsequent to the effective date of the ordinance codified in this chapter may be considered. (Ord. 79-21
7, 1979; Ord. 95 C.S. 1, 1964; Code 1975 450).
3.~~~~_!!__!~~~-!f'PO!:~:~----- -------------------------------------~---
A. For the privilege of occupancy in any hostelry, each transient is subject to and shall pay a tax in the
amount of 10 percent of the rent charged by the operator. The tax constitutes a debt owed by the
transient to the City which is extinguished only by payment to the operator or to the City.
B. The transient shall pay the tax to the operator of the hostelry at the time the rent Is paid. If the rent is
paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax
shalf be due upon the transient's ceasing to occupy space in the hostelry. If for any reason the tax due is
not paid to the operator of the hostelry, the City Clerk may require that such tax shall be paid directly to
the City Clerk. (Ord. 98-1 1,1998; Ord. 95-2 1,1995; Ond. 83-22 1, 1983; Ord. 78-13 1,1978;
Ord. 95 C.S. 1, 1964; Code 1975 451).
1. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to
impose the tax provided in this chapter;
3. Any officer or employee of a foreign government who is exempt by reason of express provision
of Federal law or international treaty.
B. No exemption shall be granted except upon a claim therefor made at the time rent is collected and
under penalty of perjury upon a form prescribed by the Assistant City Administrator. (Ord. 94-8 1,
1994; Ond. 95 C.S. 1, 1964; Code 1975 452).
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Chapter 3.32 TRANSIENT OCCUPANCY TAX* http://www.codepublishing.com/CA/CarmelbytheSealhtml/Carmei03 ...
of a hostelry shall advertise or state in any manner, whether directly or Indirectly, that the tax or any part
thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if
added, any part will be refunded except in the manner provided in this chapter. (Ord. 95 C.S. 1, 1964:
Code 1975 453).
3.32.050 Registration.
Within 30 days after the effective date of the ordinance codified in this chapter, or within 30 days after
commencing business, whichever is later, each operator of any hostelry renting occupancy to transients
shall register the hostelry with the Department of Administrative Services and obtain from it a "Transient
Occupancy Registration Certificate" to be at all times posted in a conspicuous place on the premises.
The certificate shall, among other things, state the following:
D. "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof
has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance by registering with the
Department of Administrative Services for the purpose of collecting from transients the Transient
Occupancy Tax and remitting said tax to the Department of Administrative Services. This certificate does
not authorize any person to conduct any unlawful business or to conduct any lawful business in an
unlawful manner, nor to operate a hostelry without strictly complying with all local applicable laws,
including, but not limited to, those requiring a permit from any board, commission, department or office
of this City. This certificate does not constitute a permit." (Ord. 94-8 1, 1994; Ord. 95 C.S. 1, 1964;
Code 1975 454) .
B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a
period of 30 days following the date on which the remittance first became delinquent shall pay a second
delinquency penalty of 10 percent of the amount of the tax in addition to the amount of the tax and the
10 percent penalty first imposed.
C. Fraud. If the Assistant City Administrator determines that the nonpayment of any remittance due
under this chapter is due to fraud, a penalty of 25 percent of the amount of the tax shall be added
thereto in addition to the penalties stated in subsections (A) and (B) of this section.
D. Interest. In addition to the penalties imposed, any operator who tails to remit any tax imposed by this
chapter shall pay interest at the rate of onehalf of one percent per month or fraction thereof on the
amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent
until paid.
E. Penalties Merged With Tax. Every penalty imposed and such interest as accrues under the provisions
ofthis section shall become a part of the tax required to be paid in this chapter.
F. Monthly Payments. Any operator who fails to remit the full amount of quarterly tax due by the required
deadline shall thereafter be obligated to remit monthly revenue statements and taxes owed. Such
monthly remittance shall continue for a period of six consecutive months following the operator's most
recent infraction. Nonpayment of a monthly remittance will cause the operator to be subject to penalties
and interest described within this section. Monthly revenue statements and taxes owed are due on or
before the tenth calendar day of every month for the preceding month. (Ord. 94-8 1, 1994; Ord. 95
C.S. 1, 1964; Code 1975 456).
3.32.080 Failure to Collect and Report Tax - Determination of Tax by Assistant City
Administrator.
If any operator shall fail or refuse to collect the tax and to make, within the time provided in this chapter,
any report and remittance of the tax or any portion thereof required by this chapter, the Assistant City
Administrator shall proceed in such manner as may be deemed best to obtain facts and information on
which to base an estimate of the tax due. As soon as the Assistant Cily Administrator shall procure such
facts and information as slhe is able to obtain upon which to base the assessment of any tax imposed by
this chapter and payable by any operator who has failed or refused to collect the same and to make
such report and remittance, slhe shall proceed to determine and assess against such operator the tax,
interest and penalties provided for by this chapter. In case such determination is made, the Assistant
Cily Administrator shall give a notice of the amount so assessed by serving it personally or by deposning
it in the United States mail, postage prepaid, addressed to the operator so assessed at the operator's
last known place of address. Such operator may, within 10 days after the serving or mailing of such
notice, make application in writing to the Assistant City Administrator for a hearing on the amount
assessed. If application by the operator for a hearing is not made wnhin the time prescribed, the tax,
interest and penaKies, if any, determined by the Assistant City Administrator shall become final and
conclusive and immediately due and payable. If such application is made, the Assistant City
Administrator shall give not less than fiVe days' written notice, in the manner prescribed in this chapter,
to the operator to show cause at a time and place fixed in the notice why the amount specified therein
should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and
offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing.
the Assistant City Administrator shall determine the proper tax to be remitted and shall thereafter give
written nolice to the person in the manner prescribed in this chapter of such determination and the
amount of such tax. inlerest and penalties. The amount determined to be due shall be payable after 15
days unless an appeal Is taken as provided in CMC 3.32.090. (Ord. 94-8 1. 1994; Ord. 95 C.S. 1,
1964; Code 1975 457).
3.32.090 Appeal.
Any operator aggrieved by any decision of the Assistant City Administrator with respect to the amount of
such lax, interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with
the City Clerk within 15 days of the serving or mailing of the determination of tax dOe. The City Council
shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such
operator at the operator's last known place of address. The findings of the City Council shall be final and
conclusive and shall be served upon the appellant in the manner prescribed above for service of notice
of hearing. Any amount found to be due shall be immediately due and payable upon the service of
notice. (Ord. 94-8 1, 1994; Ord. 95 C.S. 1, 1964; Code 1975 458).
3.32.1 00 Records.
It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed
by this chapter to keep and preserve, for a period of three years, all records as may be necessary to
determine the amount of such tax as the operator may have been liable for the collection and payment
to the City, which records the Assistant City Administrator shall have the right to inspect at all reasonable
times. (Ord. 94-8 1, 1994; Ord. 95 C.S. 1, 1964; Code 1975 459).
3.32.110 Refunds.
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A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or
has been erroneously or illegally collected or received by the City under this chapter, it may be refunded
as provided in subsections (B) and (C) of this section; provided, a claim in writing therefor, stating under
penalty of perjury the specific grounds upon which the claim is founded, is filed with the Assistant Clly
Administrator within three years of the date of payment. The claim shall be on forms furnished by the
Assistant City Administrator.
B. An operator may claim a refund or take as credit against taxes collected and remnted the amount
overpaid, paid more than once or erroneously or illegally collected or received when it is established in a
manner prescribed by the Assistant City Administrator that the person from whom the tax has been
collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed
unless the amount of the tax so collected has either been refunded to the transient or credited to rent
subsequently payable by the transient to the operator.
C. A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally
collected or received by the City by filing a claim in the manner provided in subsection (A) of this section,
but only when the tax was paid by the transient directly to the Assistant City Administrator, or when the
transient, having paid the tax to the operator, establishes to the satisfaction of the Assistant CUy
Administrator that the transient has been unable to obtain a refund from the operator who collected the
tax.
D. No refund shall be paid under the provisions of this section unless the claimant establishes a right
thereto by written records showing entitlement thereto. (Ord. 94-8 1, 1994; Ord. 95 C.S. 1, 1964;
Code 1975 460).
1. That amount necessary to fund the portion of the municipal budget covering community and
cultural and recreation activities including but not limited to Sunset Center and the Forest Theater,
parks, public facilities and municipal structures, and parking lots;
2. The remainder to be distributed to fund such acquisition and improvement of parks, recreation
land and other municipal purposes as determined from time to time by the City Council; provided,
that all such uses shall be in accordance with the General Plan of the City, as it is now or may be
hereafter constituted;
B. The remainder of the firstsix percent, the additional two percent added by Ordinance No. 78-13, and
the additional two percent added by Ordinance No. 83-22 shall be ~dded to the General Fund for usual
and current expenses. (Ord. 98-1 2, 1998; Ord. 95-2 2, 1995; Ord. 94-8 1, 1994; Ord. 83-22 2,
1983; Ord. 78-13 2, 1978; Ord. 267 C.S. 1, 1972; Ord. 240 C.S. 1, 1971; Ord. 217 C.S. 1, 1970;
Ord. 199 C.S. 1, 1969; Ord. 95 C.S. 1, 1964; Code 1975 462).
B. Any operator or other person who fails or refuses to register as required in this chapter, or to furnish
any return required to be made, or who fails or refuses to furnish a supplemental return or other data
required by the Assistant City Administrator or who renders a false or fraudulent return or claim, is guilty
of a misdemeanor. Any person required to make, render, sign or verify any report or claim who makes
any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due
required by this chapter to be made is guilty of a misdemeanor. (Ord. 94-8 1, 1994; Ord. 95 C.S. 1,
1964; Code 1975 464).
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