(A) If any operator required by this chapter to file a return shall fail to do so in the time prescribed, or shall make, willfully or otherwise, an incorrect, false, or fraudulent return, the operator shall, upon written notice and demand, file such return or corrected return within five days of the receipt of such written notice and shall at the same time pay any tax due on the basis thereof. If such person shall fail to file a return or corrected return, the city shall make a return or corrected return, for such person from such knowledge and information as the city can obtain, and assess a tax on the basis thereof, which tax (less any payments theretofore made on account of the tax for the taxable period covered by such return) shall be paid within five days of the receipt of written notice and demand for such payment. Any such return or assessment made by the city shall be prima facie correct and valid, and such person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto.
(B) If any portion of the tax imposed by this chapter, including penalties thereon, is not paid within 30 days after it is required to be paid, the city attorney may institute such legal action as may be necessary to recover the amount plus interest, penalties and the costs and disbursements of any action.
(Ord. 2023-05, passed 6-5-2023) Penalty, see § 116.99