A. If any operator shall fail or refuse to collect such tax, and to make, within the time provided in this chapter, any report and remittance of said tax or any portion thereof required by this chapter, the finance director shall proceed in such manner as the finance director may deem best to obtain facts and information on which to base an estimate of the tax due. As soon as the finance director shall procure such facts and information able to be obtained upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, the finance director shall proceed to determine and assess against such operator the tax, interest, and penalties provided for by this chapter.
B. In case such determination is made, the finance director shall give a notice of the amount assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the operator’s last known place of address. Such operator may, within 10 days after the serving or mailing of such notice, make application in writing to the city manager for a hearing on the amount assessed.
1. If application by the operator for a hearing is not made within the time prescribed, the tax, interest, and penalties, if any, determined by the finance director shall become final and conclusive, and immediately due and payable.
2. If such application is made, the city manager shall give not less than five days’ written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in such notice why such amount specified therein should not be fixed for such tax, interest, and penalties.
a. At such hearing, the operator may appear and offer evidence why such specified tax, interest, and penalties should not be so fixed.
b. After such hearing, the city manager shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein, of such determination and the amount of such tax, interest, and penalties.
c. The amount determined to be due shall be payable after 15 days, unless an appeal is taken as provided in this chapter.
(Prior code § 25.83 (Ord. 849 §1 (part), Ord. 2113 §1), Ord. 2268)