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ORDINANCE NO. NS-1268.1 (EMERGENCY) <br />PAGE FOUR <br /> <br />Sec. 35-160. Duty to Collect - Procedures. <br /> <br /> The duty to collect and remit the taxes imposed by this <br />Code shall be performed as follows: <br /> <br /> (a) The tax shall be collected insofar as practicable <br />at the same time as and along with the charges made in accor- <br />dance with the regular billing practice. <br /> <br /> (b) The duty to collect tax from a service user shall <br />commence with the beginning of the first full regular billing <br />period applicable to that person which starts on or after the <br />operative date of this Code. Where a person receives more <br />than one billing, for different periods, the duty to collect <br />shall arise separately for each billing period. <br /> <br />Sec. 35-161. Additional Powers and Duties of Tax <br /> <br />Administrator, etc. <br /> <br /> (a) The Tax Administrator shall have the power and <br />duty, and is hereby directed to enforce each and all of the <br />provisions of this Code. <br /> <br />Sec. 35-162. Assessment - Administrative Remedy. <br /> <br /> (a) The Tax Administrator may make an assessment for <br />taxes not paid or remitted by a person required to pay. <br /> <br /> (b) Whenever the Tax Administrator determines that a <br />service user has deliberately withheld the amount of the <br />tax owed by him from the amounts remitted to a person required <br />to collect the tax, or that a service user has failed to pay <br />the amount of the tax to such person for a period of two or <br />more billing periods, or whenever the Tax Administrator deems <br />it in the best interest of the City, he shall relieve such person <br />of the obligation to collect taxes due under this Code from <br />such service users for specified billing periods. The Tax <br />Administrator shall notify the service user that he has <br />assumed responsibility to collect the taxes due for the stated <br />periods and demand payment of such taxes. The notice shall be <br />served on the service user by handing it to him personally <br />or by deposit of the notice in the United States mail, postage <br />prepaid thereon, addressed to the service user at the address <br />to which billing was made by the person required to collect <br />the tax; or, should the service user have changed his address, <br />to his last known address. If a service user fails to remit <br />the tax to the Tax Administrator within fifteen (15) days from <br />the date of the service of the notice upon him, which shall <br />be the date of mailing if service is not accomplished in <br />person, a penalty of twenty-five percent (25%) of the amount <br />of the tax set forth in the notice shall be imposed, but not <br />less than $5.00. The penalty shall become part of the tax <br />herein required to be paid. <br /> <br />Sec. 35-163. Records. <br /> <br /> It shall be the duty of every person required to collect <br />and remit to the City any tax imposed by this Code to keep and <br />preserve, for a period of three years, all records as may be <br />necessary to determine the amount of such tax as he may have <br />been liable for the collection of and remittance to the Tax <br />Administrator, which records the Tax Administrator shall have <br />the right to inspect at all reasonable times. <br /> <br />Sec. 35-164. Refunds. <br /> <br /> (a) <br />or paid more <br />collected or <br /> <br />Whenever the amount of any tax has been overpaid <br />than once or has been erroneously or illegally <br />received by the Tax Administrator under this Code <br /> <br /> <br />