If any article, section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter or any part thereof is for any reason held to be invalid, unlawful or unconstitutional, such decision, and the decision not to enforce such, shall not affect the validity of the remaining portion of this Chapter or any part thereof. The City Council declares that it would have passed each article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one (1) or more articles, sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid, unlawful or unconstitutional.
(Formerly 8-8.317; Ord. 395 § 1 (part), 2004; Ord. 475 § 1 (part), 2013)
Unless specifically provided otherwise, any reference to a State or Federal statute in this Chapter shall mean such statute as it may be amended from time to time; provided, that such reference to a statute herein shall not include any subsequent amendment thereto, or to any subsequent change of interpretation thereto by a State or Federal agency or court of law with the duty to interpret such law, to the extent that such amendment or change of interpretation would require voter approval under California law, or to the extent that such change would result in a tax decrease (as a result of excluding all or a part of a utility service, or charge therefor, from taxation). Only to the extent voter approval would otherwise be required or a tax decrease would result, the prior version of the statute (or interpretation) shall remain applicable; for any application or situation that would not require voter approval or result in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be applicable to the maximum possible extent.
To the extent that the City's authorization to collect or impose any tax imposed under this Chapter is expanded or limited as a result of changes in State or Federal law, no amendment or modification of this Chapter shall be required to conform the tax to those changes, and the tax shall be imposed and collected to the full extent of the authorization up to the full amount of the tax imposed under this Chapter.
(Formerly 8-8.318; Ord. 395 § 1 (part), 2004; Ord. 475 § 1 (part), 2013)
The validity of the ordinance codified in this Chapter or of any tax levied pursuant to the ordinance codified in this Chapter shall not be contested in any action or proceeding or defense unless such action or proceeding or defense shall have been brought or raised in a court of competent jurisdiction within sixty (60) days from the date of the adoption of the ordinance codified in this Chapter. Unless an action or proceeding is commenced or such defense raised within said period, the ordinance codified in this Chapter and any tax levied pursuant to the ordinance codified in this Chapter shall be held valid and in every respect legal and incontestable.
(Formerly 8-8.319; Ord. 395 § 1 (part), 2004; Ord. 475 § 1 (part), 2013)