§ 35.99 PENALTY.
   (A)   If any tax imposed by this chapter is not paid within the time herein specified for the payment, or an extension thereof, there shall be added thereto a specific penalty equal to 10% of the amount remaining unpaid.
   (B)   In case of any failure to make and file a return within the time prescribed by this chapter, unless it is shown that the failure is not due to willful neglect, there shall be added to the tax, in lieu of the 10% specific penalty provided in division (A) of this section, 10% if the failure is not for more than 30 days, with an additional 5% for each additional 30 days or fraction thereof during which the failure continues, not exceeding 25% aggregate. If the penalty as computed does not exceed $10, a minimum penalty of $10 shall be assessed. The amount so added to any tax shall be collected at the same time and in the same manner as a part of the tax, unless the tax has been paid before the discovery of the negligence, in which case the amount so added shall be collected in the same manner as the tax.
   (C)   If any person willfully fails to file any return or make any payment required by this chapter, or willfully files a false or fraudulent return or willfully attempts in any manner to evade or defeat any tax or payment thereof, there shall also be imposed a penalty an amount equal to 50% of any tax (less any amounts paid on the basis of the false or fraudulent return) found due for the period to which the return related. The penalty imposed by this division shall be collected as part of the tax, and shall be in addition to any other penalties provided by this chapter.
   (D)   All payment received shall be credited first to penalties, next to interest and then to the tax due.
   (E)   The amount of tax not timely paid, together with any penalty provided by this section, shall bear interest at the rate of 8% per annum from the time the tax should have been paid until the tax is paid. Any interest and penalty shall be added to the tax and be collected as part thereof.
(Ord. 209, passed 4-6-1993)