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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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thereof required by this code, the tax administrator shall make a determination of the tax due (tax, <br />interest and penalties hereinafter "amount assessed" in this subsection). The tax administrator shall <br />give a written notice of the amount assessed by personal service or by depositing it in the United States <br />mail, addressed to the service supplier at the service supplier's last known address. The service supplier <br />may, within ten (10) days after the serving or mailing of such notice, make application in writing to the <br />tax administrator for a hearing on the amount assessed in accordance with section 35-173 of this code. <br />If application by the service supplier for a hearing is not made within the time prescribed, the amount <br />assessed shall become final and immediately due and payable. <br />(b) Service user —failure to pay tax. Whenever the tax administrator determines that a service user has <br />deliberately withheld the amount of the tax owed by him or her from the amounts remitted to a <br />service supplier required to collect the tax, or that a service user has failed to pay the amount of the <br />tax to such service supplier for a period of two (2) or more billing periods, or whenever the tax <br />administrator deems it in the best interest of the city, he or she may relieve such service supplier of the <br />obligation to collect taxes due under this code from such service users for specified billing periods. The <br />service supplier shall provide the city with the names, account numbers, billing and service addresses, <br />and other required information of such non-paying service users together with the amounts owed <br />under the provisions of this code and the specified billing periods for which they are owed. The tax <br />administrator shall give written notice to the non-paying service user that he or she has assumed <br />responsibility to collect the taxes due for the stated periods and demand payment of such taxes. The <br />notice shall be served on the service user by personal service or by deposit of the notice in the United <br />States mail, addressed to the service user at the address to which billing was made by the person <br />required to collect the tax; or, should the service user have changed his address, to his last known <br />address. If a service user fails to remit the tax to the tax administrator within fifteen (15) days from the <br />date of the service of the notice, which shall be the date of mailing if service is not accomplished in <br />person, a penalty of twenty-five (25) percent of the amount of the tax set forth in the notice shall be <br />imposed, but not less than five dollars ($5.00), along with interest at the rate of three-quarters of one <br />percent (%) per month, or any fraction thereof, on the amount of the tax, exclusive of penalties, from <br />the date on which the remittance first became delinquent until paid. <br />(Ord. No. NS-2436, § 2, 8-4-00) <br />Sec. 35-168. Records. <br />(a) It shall be the duty of every person required to collect and/or remit to the city any tax imposed by this code <br />to keep and preserve, for a period of three (3) years, all records as may be necessary to determine the <br />amount of such tax as he may have been liable for the collection of and remittance to the tax administrator, <br />which records the tax administrator shall have the right to inspect at all reasonable times. The city may issue <br />an administrative subpoena to compel a person to deliver, to the tax administrator, copies of all records <br />deemed necessary by the tax administrator to establish compliance with this code, including the delivery of <br />records in a common electronic format on readily available media if such records are kept electronically by <br />the person in the usual and ordinary course of business. The tax administrator is authorized to execute a <br />non -disclosure agreement approved by the city attorney to protect the confidentiality of customer <br />information pursuant to state Revenue and Taxation Code Sections 7284.6 and 7284.7, as amended from <br />time to time. <br />(b) The tax administrator may request from any person providing transportation or distribution services of gas <br />or electricity to service users within the city, a list of the names, billing and service addresses, quantities of <br />gas or electricity delivered, and other pertinent information, of its transportation customers within the city <br />pursuant to section 6354(e) of the state Public Utilities Code, as amended from time to time. <br />City PiNaPPAKil RFP No. 23-%-5 202 PaN@/?*§ 196 <br />
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