§ 33.46 PENALTIES AND INTEREST.
   (A)   Delinquency. Any operator who fails to remit any tax imposed by this subchapter within the time required shall pay a penalty equal to 10% of the amount of the tax, in addition to the tax.
   (B)   Continued delinquency. Any operator who fails to pay any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty equal to 10% of the amount of the tax and previous penalty in addition to the tax and the 10% penalty first imposed. An additional penalty equal to 10% of the total tax and penalty of the previous 30-day period shall be added for each successive 30-day period that the account remains delinquent.
   (C)   Fraud. If the Director determines that the nonpayment of any remittance due under this subchapter is due to fraud, a penalty equal to 25% of the amount of the tax shall be added thereto in addition to the penalties stated in division (A) above.
   (D)   Interest. In addition to the previous penalties imposed, any operator who fails to remit any tax imposed by this subchapter shall pay interest at the rate of 1% per month, or fraction thereof, on the amount of the tax exclusive of penalties, from the date on which the remittance first became delinquent until paid.
   (E)   Penalties during pendency of hearing or appeal. No penalty provided under the terms of this subchapter shall be imposed during the pendency of any hearing provided for in § 33.47, nor during the pendency of any appeal to the Board of Review provided for in § 33.48.
   (F)   Abatement of interest and penalty. In cases where a return had been filed in good faith, and an assessment had been paid within the time prescribed by the Director, the Director may abate any charge of penalty or interest, or both.
(Ord. 2547, passed 8-15-2013)