Chapter 3-44


3-44-010    Short title.

3-44-020    Definitions.

3-44-030    User fee imposed.

3-44-040    User fee borne by lessee.

3-44-050    Collection.

3-44-060    Payment and penalty for nonpayment.

3-44-070    Records required.

3-44-080    Suspension or revocation of licenses.

3-44-090    Violation—Penalty.

3-44-010 Short title.

This chapter shall be known as, and may be cited as, the “Commercial Billboard User Fee,” for the city of Harvey. (Ord. 2846 § 1 (part), 1993)

3-44-020 Definitions.

For the purposes of this chapter, whenever any of the following words, or terms are used, they shall have the meanings ascribed to them in this section:

“Commercial billboard” means any leased or rented sign, building, banner or other means used for the purpose of advertising or informing the public of the products, services, ideals or viewpoints of any person, business, organization, state agency, political candidate or any other entity other than the rightful owner of such billboard.

“Owner” means any person having an ownership interest in or conducting the operation or rental of commercial billboard(s) in the city.

“Person” means any natural person, trustee, court-appointed representative, syndicate, association, partnership, firm, club, company, corporation, business, trust institution, agency, government corporation, district or other political subdivision, contractor, supplier, vendor, vendee, operator, user or owner, or any officers, agents, employees or other representative, acting either for himself or for any other person in any capacity, or any other entity recognized by law as the subject of rights and duties. (Ord. 2846 § 1 (part), 1993)

3-44-030 User fee imposed.

There is imposed and shall accrue and be collected a user fee upon the rental or leasing of any commercial billboard in the city to which this chapter applies at the rate of one dollar ($1.00) per square foot of billboard space. (Ord. 2846 § 1 (part), 1993)

3-44-040 User fee borne by lessee.

The ultimate incidence of and liability for the payment of the user fee imposed by this chapter shall be upon the lessee of any such commercial billboard. The user fee herein levied shall be in addition to any and all other fees and taxes. It shall be the duty of every owner, manager or operator of a commercial billboard to secure the user fee from the lessee of said billboard and pay over to the comptroller the user fee under such rules and regulations prescribed by the comptroller and as otherwise provided by this chapter. (Ord. 2846 § 1 (part), 1993)

3-44-050 Collection.

The user fee levied in this chapter shall be secured by the commercial billboard owner from the lessee when collecting the price, charge or rent to which it applies. Every lessee shall be given a bill, invoice, receipt or other statement or memorandum of the price, charge or rent payable, upon which the billboard user fee shall be paid to the comptroller or the authorized representative of his office on a monthly basis. The user fee shall be due on or before the fifteenth day of the succeeding month. (Ord. 2846 § 1 (part), 1993)

3-44-060 Payment and penalty for nonpayment.

A.    Every owner of a commercial billboard within the city shall file a sworn user fee statement on a monthly basis with the comptroller showing user fee receipts received and commercial billboard space rented or leased during the preceding monthly period, upon forms prescribed by the comptroller for that purpose. At the time of filing the user fee statement, the owner of a commercial billboard shall pay to the city all user fees due for the period to which the user fee statement applies.

B.    If for any reason any user fee is not paid when due, a penalty at the rate of two percent per month shall be imposed on the amount of user fee which remains unpaid and uncollected. Whenever any person shall fail to pay any user fee as herein provided, upon the request of the comptroller, the corporation counsel shall bring or cause to be brought an action to enforce the payment of the user fee on behalf of the city in any court of competent jurisdiction, with costs of such enforcement to be borne by the owner. (Ord. 2846 § 1 (part), 1993)

3-44-070 Records required.

Every owner of a commercial billboard in the city shall keep books and records showing the rents or charges made and subject to the user fee under this chapter. The comptroller or his designate shall at all reasonable times have full access to the books and records for purposes of insuring compliance with this chapter. (Ord. 2846 § 1 (part), 1993)

3-44-080 Suspension or revocation of licenses.

If the mayor, after hearing held by him, shall find that any person has wilfully avoided payment of the user fee imposed by this chapter, he may suspend or revoke all city licenses held by the evader. The owner of a commercial billboard shall have the opportunity to be heard, and such hearing shall not be held less than five days after notice of the time and place of the hearing, addressed to the owner at his last known place of business. The suspension or revocation of any license shall not release or discharge the owner from his civil liability for the payment of the user fee nor for prosecution of such offense. (Ord. 2846 § 1 (part), 1993)

3-44-090 Violation—Penalty.

Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the enforcement of any of the provisions of this chapter, except when otherwise specifically provided, upon conviction thereof shall be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than three hundred fifty dollars ($350.00) for the first conviction and not less than four hundred dollars ($400.00) nor more than five hundred dollars ($500.00) for the second and each subsequent conviction- in any one-hundred-eighty-day period. Each day that an offense continues may be considered a separate and distinct offense. (Ord. 2846 § 1 (part), 1993)