(A) In addition to other penalties that may be applicable under this article, if any vendor makes a return as required by this article without paying the occupancy tax then due, he shall be liable for the tax and a penalty equal to 10% thereof or $100, whichever is greater. Promptly after receipt of such return, the city shall give the delinquent vendor written notice of the tax and penalty.
(B) If any vendor neglects or refuses to make a return and pay the occupancy tax as required by this article, the Mayor shall make an estimate based upon an examination of the vendor's books and records, or upon any information in its possession or that may come into its possession, of the amount of the rent of the delinquent vendor for the period in respect to which he has failed to make a return, and upon the basis of said estimated amount shall compute and assess the tax payable by the delinquent vendor, adding to this amount a penalty equal to 10% thereof or $100, whichever is greater. Promptly thereafter the city shall give the delinquent vendor written notice of the estimated tax and penalty.
(C) If payment is not made by the vendor within 15 days of the date of the notice that the occupancy tax is delinquent, the Mayor may bring an action in law or equity in the district court for the collection of any amounts due, including without limitation penalties thereon, interest on the unpaid principal at a rate of not exceeding 1% a month, the costs of collection and reasonable attorneys' fees incurred in connection therewith.
(D) A Continuous Surety Bond naming the city as beneficiary in the amount of $3,000 plus $60 per room or individual sleeping accommodation available for use by the public shall be posted and filed with the City Clerk upon vendor's failure to remit occupancy tax for two consecutive months. If payment or posting Continuous Surety Bond is not made by the vendor within 15 days of the date of notice that the occupancy tax is delinquent, the Mayor may bring an action in law or equity in the district court for the collection of any amount due, including without limitation penalties thereon, interest on the unpaid principal at a rate not exceeding 1% a month, the costs of collection and reasonable attorney's fees incurred in connection therewith. Continuous Surety Bond shall remain in force three years from date of issuances per arrear incident applicable. Surety Bond may be augmented or applied to any succeeding arrear Lodger's Tax payments due the City of Albuquerque.
(E) A vendor who disputes the assessment of any occupancy tax or related penalties and interest may, within 15 working days of the date of the notice from the city that the tax is delinquent, appeal the Mayor's decision to the Independent Hearing Officer as set forth in Chapter 2, Article 7, Part 8.
('74 Code, § 4-2-9) (Ord. 80- 1969; Am. Ord. 50-1982; Am. Ord. 56-1993; Am. Ord. 24-2001; Am. Ord. 2019-024; Am. Ord. 2023-015) Penalty, see §4-4-99