1991-062-Denying Appeal Of Licensee Regarding Penalty Fees Imposed Upon Business License For ApartmentsRESOLUTION 1991 - 62
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF LICENSEE REGARDING PENALTY FEES IMPOSED
UPON BUSINESS LICENSE FOR APARTMENTS
(109 CARLTON AVENUE/ALBERT AND BARBARA METZLER)
WHEREAS:
A. Albert and Barbara Metzler, owner and applicant, have appealed the decision
of the License Collector that imposed a penalty on the 1990 business license fee that was
not paid by the business in a timely manner per Town Code Section 15-14;
B. A courtesy renewal notice was mailed in December 1989. Said renewal
notice was returned with a notation that the business had sold on December 27, 1989. The
50 percent penalty letter was mailed to the owner and applicant on May 23, 1990; and,
C. A public hearing was held on April 1, 1991.
BE IT RESOLVED:
A. The Town Council hereby finds that the business license for the year 1990 of
Albert and Barbara Metzler was past due and that the penalty of $218 had accrued.
B. The Town Council hereby finds that the 1990 business license in the amount
of $92 was paid on January 15, 1991 and that Albert and Barbara Metzler have not paid
the $198 1990 rental mediation penalty fee and the $20 1990 business license penalty fee
for a total penalty of $218.
C. The Town Council hereby finds that the sale of the apartments at 109 Carlton
Avenue includes the assumption of trade payables and that the owner of the building is
responsible for ascertaining applicable fees.
D. Based on the foregoing findings the appeal is denied and $218, which is the
1990 penalty fee, is hereby due and payable by Albert and Barbara Metzler.
Pursuant to Los Gatos Town Code Section 1-15, the time for seeking judicial review
for the Town Council decision is governed by California Code of Civil Procedure Section
1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 15th day of April, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Mayor Brent N. Ventura
NAYS: None
ABSENT: None
ABSTAIN: Joanne Benjamin, Eric D. Carlson
SIGNED: /3 19 V
ATTEST:
(Li;{_,,
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS -GATOS
LOS GATOS, CALIFORNIA