(a) A jeopardy determination of tax, interest, or penalty is immediately due and payable upon the service of the notice of jeopardy determination on the taxpayer or other person determined to be liable therefor. A lien for the amount due in the notice of jeopardy determination may be recorded immediately notwithstanding the provisions of Sections 6.10-1 et seq., summary judgment pursuant to Sections 6.18-1 et seq. may be sought at once, and judicial proceedings for collection may be commenced at once. Prior to service of such notice, the Tax Collector may, notwithstanding the provisions of Sections 6.10-1 et seq., record a lien in the amount due as set forth in the notice of jeopardy determination. Immediately upon service of such notice, the Tax Collector may, notwithstanding the provisions of Sections 6.10-1 et seq., seek summary judgment pursuant to Sections 6.18 et seq., and may commence a collection action in any court having jurisdiction over the matter.
(b) The taxpayer may stay the enforcement of a jeopardy assessment by filing with the Tax Collector: (1) a bond in an amount equal to the amount of the assessment (together with interest thereon to the date of payment) payable on the Tax Collector’s certification of the amount of the assessment after the Tax Collector makes a final determination of the taxpayer’s petition, or (2) other security of a value as the Tax Collector deems necessary, but not exceeding double the amount of the assessment (together with interest thereon to the date of payment) together with a security agreement that authorizes the Tax Collector to use or dispose of the security to satisfy the amount of the assessment after the Tax Collector makes a final determination of the taxpayer’s petition. The taxpayer must also agree to pay the assessment; upon notice and demand by the Tax Collector, after the Tax Collector makes a final determination of the petition. If the penal amount of the bond is less than the assessment, the Tax Collector may collect the part of the as- sessment that exceeds that penal amount. If the value of other security is less than twice the as- sessment, the Tax Collector may collect the as- sessment until the unpaid balance is reduced to twice the value of the security. Any stay pursuant to this subsection shall be effective only against the person on whose behalf the bond or other security is provided.
(c) Upon filing of the bond or other security, the collection of so much of the jeopardy deter- mination amount as is covered by the bond or other security shall be stayed pending the exercise by the taxpayer or other person determined to be liable for the tax of his or her appeal rights. The person on whose behalf the bond or other security is submitted, shall have the right to waive such stay at any time in respect of the whole or any part of the amount covered by the bond or other security, and if as a result of such waiver any part of the amount covered by the bond or other secu- rity is paid, then the bond or other security shall, at the request of said person, be proportionately reduced. If any portion of the jeopardy determination is abated, the bond or other security shall be proportionately reduced, at the request of the person on whose behalf the bond or other security was provided.
(d) Where collection of the whole or any amount of a jeopardy determination has been stayed under this Section 6.12-2, the period of limitation on any action to collect from the person on whose behalf the bond or other security has been provided shall be tolled during the period of such stay.
(Added by Ord. 18-98, App. 1/16/98; Ord. 291-10, File No. 101099, App. 11/18/2010; Ord. 152-21, File No. 210828, App. 9/29/2021, Eff. 10/30/2021)