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Agenda Packet_2025-05-06
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Agenda Packet_2025-05-06
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Clerk of the Council
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5/6/2025
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nonliability of the operator for payment of hotel visitors tax. If the transferor does not present a receipt or <br />notice of nonliability within thirty (30) days after such sale or transfer after such assignee or successor <br />commences to conduct business, the assignee or successor shall deposit the withheld amount with the <br />finance director pending settlement of the account of the transferor. <br />(e) Successor's liability. If the assignee or successor in interest fails to withhold the amount required to satisfy <br />the tax liability, he shall become personally liable for the payment of the amount required to be withheld by <br />him and shall be subject to penalty and interest charges as set forth in section 35-132. <br />(f) Certificate of nonliability. Within thirty (30) days from the receipt of the application of any operator for a <br />certificate of nonliability for the payment of hotel visitors taxes, the finance director after conducting an <br />audit therefore shall issue the certificate if the operator's tax liability has been satisfied to the date of the <br />application. If tax has accrued to that date, the finance director shall give notice to the operator of the <br />amount which must be paid as a condition of issuing the certificate. <br />(Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 10, 4-5-04) <br />Sec. 35-141. Additional powers and duties of tax administrator, etc. <br />(a) The finance director shall have the power and duty to enforce this article and shall have the power to adopt <br />rules and regulations not inconsistent with the provisions of this article for the purpose of carrying out and <br />enforcing the payment, collection and remittance of the taxes herein imposed. A copy of all such rules and <br />regulations adopted by the finance director shall be maintained on file in the offices of the finance director. <br />Where uncertainty exists regarding the interpretation of any provision of this article or its application to a <br />specific hotel, operator or hotel visitors, the finance director shall determine the intent of the provision. Such <br />determination shall take the form of a written memorandum of intent. A copy of all such memoranda issued <br />by the finance director shall be maintained on file in the offices of the finance director. <br />(b) The finance director shall have the further power, for good cause shown, to extend the time for filing any <br />required report and remitting any taxes collected for thirty (30) days; and shall have the further power, for <br />good cause shown, to waive or release any cash deposit, bond, bankshare, lien, or other security required <br />and to compromise any claim as to any penalty imposed or charge demanded. <br />(c) The finance director may with the consent and approval of the city attorney enter into written agreements <br />with persons liable for the payment of delinquent taxes, penalties and interest, in monthly installments, or <br />more often, extending over a period not exceeding one (1) year. In any agreement so entered into, such <br />person shall acknowledge the obligation owed the city and agree that, in the event of failure to make timely <br />payment of any installment, the whole amount unpaid, principal together with interest, shall become <br />immediately due and payable. In the event legal action is brought by the city to enforce collection of any <br />amount included in the agreement, such person shall pay all costs of suit incurred by the city or its assignee, <br />including attorney fees. The execution of such an agreement shall not prevent the prior accrual of penalties <br />and interest on unpaid balances at the rate provided hereinabove, but no penalties or additional interest <br />shall accrue as hereinafter provided on account of taxes included in the agreement after the execution of the <br />agreement and the payment of the first installment and during such time as such operator shall not be in <br />breach of the agreement. The execution of such an agreement shall render any subsequent appeal null and <br />void and shall constitute a waiver against future action. <br />(d) In addition to all other authority conferred upon him, the finance director, upon the concurrence of the city <br />attorney, shall have the authority to discontinue the collection of any claim if it appears that further <br />proceedings would be without merit. <br />(Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 10, 4-5-04) <br />City PiNaPPAKil RFP No. 23-%-5 188 Pa �� 196 <br />
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