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A. Assessment By Business License Coordinator: If any person subject to license under any ordinance of the city fails, refuses, or neglects to file his application for the license and to pay the license fee or tax provided by ordinance within the time prescribed by ordinance, or fails to pay any other amount determined to be delinquent under the provisions of this title, the business license coordinator is authorized and directed to determine the amount of the license fees due from any information which may be available to him, and such information shall be prima facie correct. The business license coordinator shall thereupon proceed to collect such tax or fee by all lawful means.
B. Remedies: Every license fee imposed by any ordinance of the city and all interest accruing thereon after the date of delinquency and all penalties levied or assessed thereon by any ordinance of the city for failure to pay the same within the time required constitutes a debt to the city, and the city may maintain an action to recover the same in any court of competent jurisdiction, which remedy shall be in addition to any and all other remedies which may be provided.
(1979 Code § 5.04.150; Ord. 88-49, 12-28-1988; amd. Ord. 97-94, 12-16-1997; Ord. 2007-5, 1-16-2007)
No rebate shall be allowed upon any license fee, unless the licensed premises has been damaged by fire or other unavoidable accident. Rebates may also be allowed upon disruption of the business due to the use of the city's power of eminent domain. In all such cases the business license coordinator shall determine whether the request for rebate is authorized under this section. Any rebate shall be prorated using the number of days of business disruption in relation to the remainder of the calendar year.
(1979 Code § 5.04.170; amd. Ord. 88-49, 12-28-1988; Ord. 92-22, 3-24-1992; Ord. 97-94, 12-16-1997)
A. Appointment Of Hearing Officer; Authority: The mayor shall appoint a hearing officer who shall have the authority to hear appeals of any decision of the business license coordinator regarding the assessment of any fee or penalty imposed or rebate determination pursuant to the provisions of this title. The hearing officer shall have the authority to make adjustments in any license assessment found to be illegally imposed. In regards to penalties assessed under subsection 5-1A-14A of this article, the hearing officer may set aside all or a part of said penalty imposed for an untimely renewal, if the failure to pay the license fees on a timely basis was found to be a matter of excusable neglect based upon circumstances beyond the control of the licensee.
B. Time Limit For Filing: Appeals of the assessment as determined by the business license coordinator shall be made by filing a written notice of appeal with the business license coordinator setting forth with specificity the reasons for which the appeal is taken. All appeals pertaining to licenses due on January 2 must be filed prior to the first day of March, and all appeals pertaining to licenses due at any other time must be filed within sixty (60) days from the date such licenses are due. All appeals pertaining to the assessment of penalties must be filed within thirty (30) days of notification of the penalty assessment. All appeals not filed before such deadlines shall be barred.
C. Notice; Evidence, Witnesses: The hearing officer shall fix a reasonable time for the hearing and give notice to appellant and the business license coordinator of the time, date and place. Both the business license coordinator and the appellant may present evidence and the hearing officer shall have the authority to call and swear witnesses.
D. Decision Of Hearing Officer; Appeal: The hearing officer's decision shall be made in writing within ten (10) days after the hearing and filed in the office of the business license coordinator. A copy shall be mailed to the applicant. The decision may be appealed to the district court within thirty (30) days from when the written decision is filed.
E. Fee: All appeals filed pursuant to this section shall be accompanied by a fee of twenty five dollars ($25.00). Such fee may be refunded by the hearing officer if it is determined that the fees or penalties were illegally imposed.
(1979 Code § 5.04.180; amd. Ord. 88-49, 12-28-1988; Ord. 90-46, 9-20-1990; Ord. 92-22, 3-24-1992; Ord. 97-94, 12-16-1997; Ord. 2005-56, 10-18-2005)
A. Authority: Authorized officers, including peace officers, code enforcement officers, and any other "authorized officer" as defined in section 5-1A-1 of this article, shall be permitted to make an inspection to enforce any of the provisions of this title or any other applicable statute or ordinance, and may enter any building or may enter upon any premises during regular business hours; or, if there are no regular business hours, the officers or their authorized representatives shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
B. Refusal Prohibited: No owner, occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after public request is made as herein provided, to properly permit entry therein by the authorized officer or his representative(s) for the purpose of inspection and examination to ensure compliance with this title.
(Ord. 2011-51, 10-25-2011)
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