Monterey Municipal Code § 35-22 Collection by court action

a.Any tax required to be paid by any transient under the provisions of this Article shall be deemed a debt owed by the transient to the City.

b.Failure of an operator to collect tax required to be paid by a transient shall not excuse the operator from the operator’s obligation under this Article. Any such tax collected by an operator that has not been paid to the City shall be deemed a debt owed by the operator to the City. Any tax required to be paid by any transient that is not collected by the operator is deemed a debt owed by the operator to the City.

c.Any person owing money to the City under the provisions of this Article shall be liable to an action brought in the name of the City of Monterey for the recovery of such amount.

d.If any amount required to be paid to the City under this Article is not paid when due, the Finance Director may, within four years after the amount is due, file an action to collect any unpaid amount and seek a judgment to enforce collection of the debt. All lawful means of judgment collection shall be available to the Director of Finance, including but not limited to a lien on real property. (Ord. 3659 § 8, 2023; Ord. 3636 § 12, 2021)

Any person violating any provision of this Article shall be subject to administrative citations as provided by Section 1-2.00, et seq. (Ord. 3636 § 13, 2021)

This Article may be repealed or amended by the City Council without a vote of the people except as required by law, and except for tax increases as that term is defined in Government Code Section 53750. (Ord. 3636 § 13, 2021; Ord. 3622 § 4, 2020. Formerly 35-22.1)