§ 34.99  PENALTY.
   (A)   Generally.  Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
   (B)   Utility Tax Code; §§ 34.01 through 34.08.
      (1)   No penalty shall be assessed against a seller, unless the Mayor determines the existence of willful neglect, willful negligence or fraud. The determination may be appealed to the Town Council, if the appeal is filed within 30 days of the date of the Mayor’s determination.  Penalties may be assessed at a rate of 5% per month of the delinquent tax, not to exceed a total penalty of 25%, except that in no event shall the penalty for failure to file a return be less $15. In the case of a fraudulent return or a willful intent to evade payment of the tax, the seller making the fraudulent return or willfully attempting to evade payment of the tax, shall be liable for a specific penalty of 100% of the tax.
      (2)   Interest may be charged at a rate of 1% per month of the delinquent tax from the date that the tax was due until paid.
      (3)   Interest and penalties shall be computed on the net tax due after application of any overpayments, and shall be subject to compromise as provided by law.
(Ord. 81-10, passed 8-11-1981; Ord. 2001-03, passed 8-26-2001)