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" ~ D O CITY OF N ORTH OLMSTED ORDINANCE NO. 72- ~~ AN ORDINANCE AMENDING PART 15, CHAPTER 1501.07, SECTION 1501.0704 (NOR7fI OLMSTED CODIFIED ORDINANCES) ENTITLED, "RENTALS ". WHEREAS, the Legislative Committee of Council has reported to Council that it is necessary to have a complete list of tenants who reside in rental property fn order to assess the Municipal Income Tax to all persons residing in North Olmsted ; and WHEREAS, the Legislative Committee of Council wishes to recommend to Council that it be mandatory for managers or owners of rental property to furnish the Municipal Income Tax Administration with a current and complete list of all tenants in rental property in the City of North Olmsted ;and WHEREAS, Council concurs with the Legislative Committee of Council ,and wishes to implement the Income Tax Ordinance and to require a complete list of tenants, as aforesaid, from all managers or owners of rental property within the City of North Olmsted. NOW, THEREFOit£, BE IT ORDAINED by the Council of the City of North Olmsted, State of Ohio : Section 1. That Part 15, Chapter 1501.07, Section 1501.0704 (North Olmsted Codified Ordinances) entitled "Rentals "now reading as follows : CHAPTER 7, DETERMINATION OF ALLOCATION OF TAX Section 1501.0704 RENTALS " Rental income received by a taxpayer shall be included in the computation of net profits from business activities under Sub paragraphs 3, 4 and 5 of Section 1501.0501, only if and to the extent that the rental, ownership, management of operations of the real estate from which such rentals are derived (whether so rented, managed, or operated by a taxpayer individually or through agents or other representatives) constitutes a business activity of the taxpayer in whole or in part. Where the gross monthly rental of any and all real properties , regardl(~ss of number and value, aggregates in excess of TWO HUNDRED FIFTY DOLLARS ($250.00) per month, it shall be prima facia evidence that the rental, owner- ship, management or operation of such properties is a busness activity of such taxpayer, and the net income of such rental property shall be subject to tax ; provided that in the case of commercial property, theowner shall be considered engaged in a business activity when the rental is based on a fixed or fluctuating percentage of gross or net sales, receipts or profits of the lessee, whether or not such rental exceeds TWO HUNDRED FIFTY DOLLARS ($250.00) per month ;provided further that in the case of farm property, the owner shall be considered engaged in a business activity when he shares in crops or when the rental is based on~ a percentage of the gross or net receipts derived from the farms, whether or not the gross income exceeds said TWO HUNDRED FIFTY DOLLARS ($250.00) per month ;and provided further that the person who operates a licensed rooming house shall be considered in business whether or not the gross income exceeds TWO HUNDRED FIFTY DOLLARS ($250.00) per month. be and the same is hereby amended to read as follows :