§ 2-423.5 — Audit; estimate of fees, penalty, and interest; notice; assessment

Sec. 2-423.5. - Audit; estimate of fees, penalty, and interest; notice; assessment.

(a) The executive director is authorized to examine, inspect and audit the books, invoices, accounts and other records kept or maintained by the store for the collection of the fees imposed by this article. If the executive director determines that any store neglects or refuses to make a timely return in payment of the fees or to pay or to correctly account for any fees as required by this article, the executive director shall make an estimate, based upon such information as may be available, with or without employing investigative powers vested in the executive director by this article, of the amount of the fees due for the period or periods for which the store is delinquent; and upon the basis of such estimated amount, compute and assess in addition thereto a penalty equal to fifteen (15) percent thereof, together with the interest on such delinquent taxes at the rate of one (1) percent each month, or a fraction thereof, from the date when due until the date paid. (b) Promptly thereafter the executive director shall notify the delinquent store in writing and demand payment thereof of such estimated fees, penalty and interest. (c) Such estimated amounts shall thereupon become an assessment, and such assessment shall be final and due and payable from the store to the city thirty (30) days from the date of the notice and demand; provided, however, that within said thirty-day period the delinquent taxpayer may petition the executive director in writing for review of the assessment in the manner provided in section 2-424 of this article. The filing of a petition shall not toll the accrual of interest and applicable penalties on the amount of fees due.

(Ord. No. 1545-22, § 1, 12-19-22)