(a) All taxes imposed and all monies withheld or required to be withheld by employers under the provisions of this Chapter and remaining unpaid after they become due shall bear interest at the rate of one percent a month (12% a year).
(b) Penalties on Unpaid Tax; Penalties on Failure to File Return. In addition to interest as provided in Section 189.11(a) penalties are hereby imposed and shall be assessed as follow:
(1) For failure to pay taxes due: ten percent (10%) of unpaid tax, but not less than fifty dollars ($50.00).
(c) Exceptions. A penalty shall not be assessed on an additional tax assessment made by the Administrator when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Administrator. In the absence of fraud, neither penalty nor interest shall be assessed on any additional tax assessment resulting from a federal audit, providing an amended return is filed and the additional tax is paid within 3 months after final determination of the federal tax liability.
(d) On the recommendation of the City Auditor, the Board of Review may abate penalty or interest or both, or on an appeal from the refusal of the City Auditor to recommend abatement of penalty and interest, the Board may nevertheless abate penalty or interest or both.
(e) Any person required to withhold the tax who knowingly fails to withhold the tax or pay over the tax, or knowingly attempts in any manner to evade or defeat the tax or the payment thereof, shall, in addition to other penalties provided by law, be liable to a penalty equal to the total amount of the tax evaded, not withheld, or not paid over. No other penalty under this section shall be applied to any offense to which this penalty is applied.
(Ord. 2004-26. Approved by voters 5-25-04.)