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NS-2841
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Last modified
9/30/2013 12:35:48 PM
Creation date
2/20/2013 11:37:45 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2841
Date
2/4/2013
Destruction Year
P
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notice to the person requesting the hearing in the manner prescribed <br />herein of such determination and the amount of such tax. <br />(f) Hearing officer's decision. After considering all of the testimony and evidence <br />submitted at the hearing, the hearing officer may immediately issue a verbal decision or may <br />issue a written decision within fifteen (15) days of the hearing. The decision shall include <br />the reasons for the decision and such decision shall be final. <br />(g) If the hearing officer fixes the amount of the tax, penalty, interest, charges, service <br />fees or the tax classification in accordance with the original written determination of the <br />collector, then the amount as finally determined shall be immediately due and payable <br />and/or the classification shall be immediately applicable, and the hearing service fee shall be <br />forfeit. If the hearing officer determines the amount of the tax, penalty, interest, charges, <br />service fees or the tax classification to be applicable in accordance with the original <br />statement of the person requesting the hearing then the amount due and payable and/or the <br />classification applicable shall be as set forth in such person's original statement and the <br />collector shall refund the hearing service fee deposit. If the hearing officer fixes the amount <br />of the tax, penalty, interest, charges, service fees and/or the tax classification to be applied <br />in some other manner the hearing officer shall also make a written determination as to fixing <br />the amount of tax, penalty, interest, charges, service fees and/or the tax classification <br />applicable and shall indicate the disposition of the hearing service fee deposit. <br />(h) Any person who is aggrieved by the decision of the hearing officer may obtain <br />judicial review of such decision in the manner provided under section 1-21.9 of this code. <br />(i) In the event no application for a hearing is filed within the time prescribed, the <br />decision of the collector shall become final and conclusive on expiration of the time herein <br />fixed for hearing and shall render any subsequent appeal null and void and shall further act <br />as a waiver against future action. <br />(j) Notwithstanding any other provision contained in this chapter or any other <br />provision contained in this code to the contrary, any person voluntarily tendering payment of <br />any license tax, interest, or penalties to the city pursuant to any provision of this chapter <br />shall for all purposes thereafter be precluded and barred from appealing, contesting or <br />otherwise challenging the validity or amount of any such tax, interest or penalties pursuant <br />to any otherwise available procedure set forth in this chapter, or otherwise available by law, <br />unless said payment is made under written protest to the city. Said written protest shall be <br />deemed made for the purposes of this chapter only by one of the following methods: (1) a <br />written notation set forth on the check, draft, money order, or other negotiable instrument by <br />which payment is tendered, indicating that such payment is made under protest; or (2) a <br />written notice addressed and delivered to the collector at the time of payment indicating that <br />such payment is made under protest. Provided, however, that this subsection shall not bar <br />a request for refunds authorized pursuant to section 21-87 of this chapter. <br />Sec. 21-43. Collector; extension of time for filing - compromise of claims; waiver of <br />claims. <br />Ordinance No. NS-2841 <br />Page 16 of 29
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