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HomeMy WebLinkAboutChapter 03 - FinanceCity of Oshkosh Municipal Codes Revised 02/27/24 City of Oshkosh Chapter 3 - Page 1 Municipal Codes CHAPTER 3 FINANCE ARTICLE I. FISCAL REGULATIONS 3-1 FISCAL YEAR 3-2 CITY MANAGER TO PREPARE ANNUAL BUDGET 3-3 BUDGET OVERDRAFTS 3-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY 3-5 MUNICIPAL DISBURSEMENTS 3-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES ARTICLE II. ROOM TAX 3-10 ROOM TAX AND PERMIT REGULATIONS ARTICLE III. VEHICLE REGISTRATION FEES 3-20 ARTICLE IV. NON-ISSUANCE OF LICENSES AND PERMITS 3-30 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES City of Oshkosh Municipal Codes Revised 02/27/24 City of Oshkosh Chapter 3 - Page 2 Municipal Codes ARTICLE I. FISCAL REGULATIONS SECTION 3-1 FISCAL YEAR The calendar year shall be the fiscal year. SECTION 3-2 CITY MANAGER TO PREPARE ANNUAL BUDGET The City Manager shall prepare, submit, and recommend to the Council a proposed annual budget on or before the 1st day of November of each year. SECTION 3-3 BUDGET OVERDRAFTS (A) Prohibited No City officer, employee, or agent, including the members of all boards and commissions, either acting individually as officers, employees, or agents, or acting in concert as a board or commission, shall overdraw the annual budget as adopted by the Common Council for the particular department or phase of City work with which such officer, employee, agent, board or commission is charged. Such prohibition against overdrafts is intended to apply to each particular item set out in the particular budget of each department, or devoted to some particular phase of City work, except as otherwise allowed pursuant to the following Subsections. (B) City Manager Action Required for Overdrafts of Accounts In the event that any overdraft of any divisional budget in the annual budget is to be made the department head, board or commission officer, agent, or employee requesting the same shall present his or her request to the City Manager in writing, setting forth the amount requested and the reason therefore. If the City Manager deems it necessary to permit an overdraft covering the divisional budget and if there are sufficient and available funds in the departmental budget, the City Manager may cause the necessary and appropriate transfer to be made by written executive order. (C) Council Action Required for Overdrafts of the Approved Annual Budget In the event that of an overdraft of any approved departmental budget is to be made, the department head, board or commission officer, agent, or employee requesting the overdraft shall present his or her request in writing to the City Manager, setting forth the amount requested and the reason(s) therefore. If the City Manager determines that it is necessary to permit the requested overdraft, the City Manager shall recommend approval of the overdraft to the Council, the Council may then cause the necessary and appropriate transfer to be made in such amount as the Council shall determine. SECTION 3-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY City of Oshkosh Municipal Codes Revised 02/27/24 City of Oshkosh Chapter 3 - Page 3 Municipal Codes See Section 65.10, Wisconsin Statutes. SECTION 3-5 MUNICIPAL DISBURSEMENTS (A) State Statutes Adopted All municipal disbursements shall be made in accordance with the provisions of Section 66.0607 of the Wisconsin State Statutes, except as hereafter provided. (B) Facsimile Signatures of Officials All order checks shall be signed by the City Manager, City Treasurer, and City Clerk. In lieu of the personal signatures of the City Manager, City Clerk, and City Treasurer, there may be affixed on all order checks drawn against a City Depository for all purposes the facsimile signatures of such persons as adopted by them and the Council. The use of such facsimile signature shall not relieve any municipal official from any liability to which he or she is otherwise subject, including the unauthorized use thereof. Any depository shall be fully warranted and protected in making payment on any check bearing such facsimile notwithstanding that the same may have been placed thereon without the authority of the designated persons. SECTION 3-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES Taxes, special assessments, and special charges shall be paid and collected in the City as provided in Chapter 74 of the Wisconsin Statutes, and as herein provided. (A) Full Payment Taxes and special assessments may be paid in one payment on or before five (5) working days after January 31. Special charges and other taxes must be paid in full on or before five (5) working days after January 31. (B) Installment Payments Taxpayers have the option of paying their real estate taxes and special assessments in four installments, each equal to twenty-five percent (25%) of the total. The due dates for the installments shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five (5) working days after its due date, the total unpaid balance shall become immediately due and payable and subject to penalty. (C) Minimum Installment If the amount of either real estate taxes or special assessments is less than $100, the amount shall be paid in full on or before five (5) working days after January 31. (D) Personal Property Taxes (1) All taxpayers have the option of paying personal property taxes on improvements on leased land in four installments, each equal to 25% of the total. The due dates for the installments shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five City of Oshkosh Municipal Codes Revised 02/27/24 City of Oshkosh Chapter 3 - Page 4 Municipal Codes (5) working days after its due date, the total unpaid balance shall become immediately due and payable and subject to penalty. (2) Notwithstanding any other provision to the contrary, all personal property taxes not subject to paragraph (1) above shall be paid in full on or before five (5) working days after January 31. (E) Interest Penalty Any payment not received on or before five (5) working days after its due date shall have added thereto interest at the rate of one percent (1%) per month or fraction thereof until paid in full. Delinquent payments shall accrue interest as of February 1. ARTICLE II. ROOM TAX SECTION 3-10 ROOM TAX AND PERMIT REGULATIONS (A) Definitions. Except as otherwise specified, terms in this Article shall have the meaning as defined in Wisconsin Statutes Section 66.0615. (1) “Gross receipts" has the meaning as defined in Wisconsin Statutes, Section 77.51(11)(a)(b) and (c) insofar as applicable. (2) “Person” shall have the meaning as defined in Chapter 1 of this Municipal Code. (B) Room Tax Imposed and Distribution. Pursuant to Section 66.0615 of the Wisconsin Statutes, a tax is hereby imposed on the privilege and service of furnishing, at retail, of rooms or lodging to transients by hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for the use of the accommodations. Such tax shall be at the rate of ten percent (10%) of the gross receipts from such retail furnishing of rooms or lodging. Such tax shall not be subject to the selective sales tax imposed by Section 77.52(2) of the Wisconsin Statutes. The proceeds of such tax shall be remitted monthly to the City Treasurer. (1) The treasurer shall distribute the room tax receipts on a monthly basis, as follows: a. 2% of the room tax shall, as authorized by Wisconsin Statute 66.0615, be used for long term debt obligations associated with the Oshkosh Convention Center. b. 2% of the room tax shall be used for the purpose of fulfilling the City’s obligations towards operations and maintenance of the Oshkosh Convention Center, as well as other costs incurred by the City to support tourism in the City of Oshkosh. c. 6% of the room tax shall be paid to the Oshkosh Convention and Visitors Bureau, hereby designated as a tourism entity as that term is defined in section 66.0615 Wisconsin Statutes. City of Oshkosh Municipal Codes Revised 02/27/24 City of Oshkosh Chapter 3 - Page 5 Municipal Codes (C) Room Tax Permit. Every person furnishing rooms or lodging under Subsection (B) shall file with the City Treasurer an application for a permit for each place of business. Every application for a permit shall be made upon a form prescribed by the City Treasurer and shall set forth the name under which the applicant intends to transact business, the location of the place of business, and such other information as the City Treasurer requires. The application shall be signed by the owner if a sole proprietor and, if not a sole proprietor, by a person authorized to act on behalf of such applicant. At the time of making an application, the applicant shall pay such fee as may be established by the Council by Resolution. Upon submission of a completed application, and deposit of security if required under subsection H below by the applicant, the City Treasurer shall grant and issue to the applicant a separate permit for each place of business within the City. Such permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. It shall at all times be conspicuously displayed at the place for which issued. The permit shall remain valid so long as the permittee shall own and operate the permitted hotel, motel, short term rental or other lodging and only so long as permittee is in compliance with the provisions of this Article. Upon sale or other transfer of ownership of the premises or business such permit shall automatically expire. (D) Filing of Room Tax Returns. This Article shall be administered by the City Treasurer. The tax shall be payable monthly and shall be received by the City no later than the last business day of the month next succeeding the calendar month for which imposed. (1) Direct Filing. Except as provided below, a return shall be filed with the City Treasurer by persons furnishing at retail such rooms and lodging on or before the same date on which such tax is due and payable. Such return shall show the gross room receipts of the preceding calendar month from such retail furnishing of rooms or lodging, the amount of room taxes imposed for such period, and such other information as the City Treasurer deems necessary. The City Treasurer may, for good cause, extend the time of filing of any return, but in no event longer than one month from the scheduled filing date. (2) Filing through a Lodging Marketplace registered with the State of Wisconsin Department of Revenue. If a short term rental is rented through a lodging marketplace that is registered with the State Department of Revenue, the lodging marketplace may collect the room tax as provided in Section 66.0615(5) of the Wisconsin Statutes and pay the required room tax directly to the City. The owner of the short term rental shall submit a monthly return which shall indicate which rentals have been made and that room taxes have been collected through the registered lodging marketplace. Room taxes shall be submitted for any rentals where room tax is not collected and submitted through the lodging marketplace. Subject to City of Oshkosh Municipal Codes Revised 02/27/24 City of Oshkosh Chapter 3 - Page 6 Municipal Codes the provisions of Section 66.0615 of the Wisconsin Statutes, Owner shall remain responsible for any room tax payments not submitted through the Lodging Marketplace. (E) Liability for Tax on Sale or Transfer of Business. If any person liable for any amount of tax under this section sells the business or stock of goods or quits the business, such person’s successors or assigns shall withhold sufficient of the purchase price to cover such amount until the former owner produces a receipt from the City Treasurer that it has been paid or a certificate stating that no amount is due. If a person subject to the tax imposed by this section fails to withhold such amount from the purchase price as required, that person shall become personally liable for payment of the amount required to be withheld to the extent of the price of the accommodations valued in money. (F) Records and Audits. Every person liable for the tax imposed by this section shall keep or cause to be kept such records, receipts, invoices and other pertinent papers in such form as the City Treasurer requires. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the City Treasurer may, by office or field audit, determine the tax required to be paid to the City or the refund due to any person under this section. This determination may be made upon the basis of the facts contained in the return being audited or on the basis of any other information within the City Treasurer's possession. The City Treasurer is authorized to examine and inspect the books, records, memoranda, and property of any person in order to verify the tax liability of that person or another person. The permit of any person who is subject to the tax imposed by this section who fails or refuses to permit the inspection of his records by the City Treasurer after such inspection has been duly requested by the City Treasurer may be revoked as provided under paragraph (G)(6) below. (G) Remedies and Penalties for Failure to Obtain Required Permits, for Delinquent Filing or Failure to File Returns. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the following Remedies and Penalties shall apply to violations of this Article: (1) Failure to Obtain Permit. Any person in violation of the terms of this section by failing to obtain and/or maintain a permit, when such permit is required, shall be subject to a penalty of seventy-five dollars ($75.00) plus the costs of prosecution per day for each violation. Each room or unit separately rented or offered for rent, and each day of such rental or offer for rental of such unit, shall be a separate violation. In addition, the City may obtain an appropriate order for injunctive relief to discontinue violation of this section. (2) Delinquent Tax Returns. City of Oshkosh Municipal Codes Revised 02/27/24 City of Oshkosh Chapter 3 - Page 7 Municipal Codes Delinquent tax returns shall be assessed a $10.00 late filing fee. Upon filing of a delinquent return, the entire tax finally determined shall be subject to a penalty of 25 percent of the tax, exclusive of any interest or other penalties; or $5000 whichever is less. The City Treasurer shall determine the amount required to be paid and shall notify the person submitting the return, together with the permit holder if that is a different person, of the assessment of the penalty. (3) Failure to File Return, Failure to Pay Tax Due. If any person fails to file a return as required by this section, fails to pay the tax due upon the return or files an incomplete, incorrect or fraudulent return, the City Treasurer shall make an estimate of the amount of the gross receipts. Such estimate shall be based upon any information which is in the City Treasurer's possession or may come into his/her possession. On the basis of this estimate, the City Treasurer shall compute and determine the amount required to be paid to the City, adding to the sum arrived at a penalty equal to 25 percent thereof or $5000 whichever is less. (4) Penalties – When Due. Any Penalty assessed by the City Treasurer under this section shall be due in full within 30 days from the date of the notice and invoice of the penalty amount. (5) Interest. All unpaid taxes or assessments under this section shall bear interest at the rate of 1 percent per month from the due date of the return until the first day of the month following the month in which the tax is paid or deposited with the City Treasurer. An extension of time within which to file a return shall not operate to extend the due date of the return for purposes of interest computation. No interest shall accrue on any over-payment of the tax due. Penalties shall bear interest at the rate of 1 percent per month from the due date of the penalty until paid. (6) Suspension or Revocation of Permit. The City elects not to be strictly bound by Chapter 68, Wisconsin Statutes, with respect to administrative procedure in regard to revocation or suspension proceedings under this Article. When any person fails to comply with this section, the City Treasurer may, upon 10 days notification and after affording such person the opportunity to show cause why their permit should not be revoked, revoke or suspend any or all of the permits held by such person. The City Treasurer shall give to such person a written determination regarding the suspension or revocation of any permits. The permit holder or their authorized representative may request a review of such decision by filing a request for review with City Treasurer within ten (10) calendar days of mailing of the original determination of the City Treasurer. The request shall state the basis for the request and additional information may be presented at that time. The City Treasurer shall schedule a hearing for requests for review and within 20 days of the date of hearing shall City of Oshkosh Municipal Codes Revised 02/27/24 City of Oshkosh Chapter 3 - Page 8 Municipal Codes make a determination in writing which shall be mailed to the permit holder and their authorized representative, if applicable. Such determination shall be a final determination subject to judicial review as provided in Section 68.13 of the Wisconsin Statutes. The City Treasurer shall not issue a new permit after the revocation of a permit unless he/she is satisfied that the holder of the permit will comply with the provisions of this section. The fee for renewal or issuance of a permit which has been previously suspended or revoked shall be the same as for a new permit and shall be established by resolution of the Council. (H) Security may be Required. In order to protect the revenue of the City, the City Treasurer may require any person liable for the tax imposed by this section to place with the City, before or after a permit is issued, such security, not in excess of $5,000 as the City Treasurer determines. If any taxpayer fails or refuses to place such security, the City Treasurer may refuse to issue or may revoke any permit issued under this section. If any taxpayer is delinquent in the payment of the taxes imposed by this section, the City Treasurer may, upon 10 days notice, recover the taxes, interest and penalties from the security placed with the City Treasurer by such taxpayer. No interest shall be paid or allowed by the City to any person for the deposit of such security. (I) Confidentiality. All tax returns, schedules, exhibits, writings or audit reports relating to such returns, on file with the City Treasurer, are deemed to be confidential, except the City Treasurer may divulge their contents to the following, and no others: (1) The person who filed the return. (2) Officers, agents, or employees of the Federal Internal Revenue Service or the State Department of Revenue. (3) Officers, employees, or agents of the City of Oshkosh as may be necessary to administer this Article and/or to enforce collection. Statistics and other information may be disclosed or published provided that the information does not disclose the identity of particular individuals or businesses. No person having an administrative duty under this section shall make known in any manner the business affairs, operations or information obtained by an investigation of records of any person on whom a tax is imposed by this section, or the amount or source of income, profits, losses, expenditures, or any particular thereof set forth or disclosed in any return, or to permit any return or copy thereof to be seen or examined by any person, except as provided in this sub-section. Any person who shall violate the provisions of this subsections shall be subject to a forfeiture not to exceed $200. (J) Separability and Conflict If any section, subsection, paragraph, sub-paragraph, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall City of Oshkosh Municipal Codes Revised 02/27/24 City of Oshkosh Chapter 3 - Page 9 Municipal Codes not affect the validity of the remaining portions of this ordinance. All ordinances or parts of ordinances which are inconsistent or contrary to this ordinance are repealed. ARTICLE III. VEHICLE REGISTRATION FEES SECTION 3-20 (A) AUTHORITY AND PURPOSE. The City of Oshkosh under the authority provided within Section 341.35 of the Wisconsin Statutes hereby finds, determines and declares the necessity of providing a source of revenue to provide for the improvement of the city’s streets and related facilities within the right-of-way, including street resurfacing and reconstruction and sidewalk reconstruction and rehabilitation. In addition, the Common Council finds that the traditional method for partially funding street resurfacing, street and sidewalk reconstruction through special assessments may place an undue financial burden on property owners adjacent to the improvements and is not on its own a sustainable source of funding necessary improvements. Improvement includes such activities as are necessary in order that streets and related facilities may be properly operated and maintained to safeguard the health, safety, and welfare of the city and its inhabitants and visitors. (B) IMPOSITION OF VEHICLE REGISTRATION FEE. There is hereby imposed an annual city registration fee in the amount of thirty-five dollars ($35.00) on all motor vehicles registered in the state which are customarily kept in the City of Oshkosh except those vehicles which are exempt from this fee as provided in Section 341.35 Wisconsin Statutes. The city registration fee shall be paid at the time a motor vehicle is first registered or at the time of registration renewal and is in addition to any state registration fees. (C) ADMINISTRATIVE COSTS. The Wisconsin Department of Transportation shall retain a portion of the city registration fee collected equal to the administrative costs related to the collection of these fees which shall be computed by the Department of Transportation as provided in Section 341.35 of the Wisconsin Statutes. (D) DEPOSIT OF FEE REVENUES. All monies received pursuant to this ordinance shall be deposited into a capital projects fund to be used solely for transportation related purposes as required by Section 341.35 of the Wisconsin Statutes. (E) USE OF FUNDS FOR TRANSPORTATION RELATED PURPOSES. The Vehicle Registration Fee shall exclusively be used for transportation related purposes including costs of administering construction projects for pavement overlays including minor widening, street reconstruction, reconstruction and rehabilitation of sidewalks, repairing and installing curb and gutter, and directly related operations of the public works department on city streets and intersections. The Common City of Oshkosh Municipal Codes Revised 02/27/24 City of Oshkosh Chapter 3 - Page 10 Municipal Codes Council further finds that bicycle and pedestrian facilities, including access for the disabled or handicapped, are an integral part of the transportation network. A portion of funds may be used for installation of bicycle and pedestrian facilities within public right of way. ARTICLE IV. NON-ISSUANCE OF LICENSES AND PERMITS SECTION 3-30 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES (A) Unless otherwise specifically provided within this municipal code, licenses and permits required for the carrying on of a trade or business within the City may be granted or renewed but shall not be issued: 1) Premises. For any premises for which taxes, assessments, or special charges are delinquent and unpaid. a. This subsection 1) shall not apply to prohibit the issuance of a license for any premises if: i. the unpaid taxes, assessments or special charges were levied against the premises; and ii. the license is necessary for the conduct of business on the premises by a lessee of the premises; and iii. the licensee and owner have no immediate or extended family, business, or financial relationship with one another other than as landlord and tenant. 2) Persons. To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. (B) Appeal. Alleged errors in the determination of non-issuance of the license may be appealed to the Finance Director within 5 days of notice of the non-issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the Finance Director is unable to so act, a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk City of Oshkosh Municipal Codes Revised 02/27/24 City of Oshkosh Chapter 3 - Page 11 Municipal Codes by the decision maker. The written decision shall specify the reasons for the decision made. Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal. Any party to the proceeding as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented, the council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affirm, or modify the decision of the Finance Director or other decision maker appealed from, and to this end may direct issuance or non-issuance of any license or permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief as may be available. (C) Filing Vouchers Prior to the issuance of any disbursement, a proper voucher containing the name of the claimant and the address and amount and nature of the claim shall be filed with the City Treasurer either by the claimant or by the board or commission which authorized the expenditure, who will prepare a list of the same to be filed with the City Clerk. (D) Issuance of Orders Upon the filing of such vouchers, the City Clerk shall issue orders to the City Treasurer in accordance with said Section 66.0607.