Either the Administrator hereunder or the Board of Review may abate a penalty or interest, or both, in accordance with the following guidelines:
(a) After consultation with the Mayor and Finance Committee Chairman, the Administrator may exercise reasonable judgment in compromising any interest and/or penalties due the Village. Such reasonable judgment shall include, but not be limited to consideration of the following factors.
(1) The clarity of the liability of the taxpayer. The more certain the liability of the taxpayer for the underlying tax, the lower the amount of any compromise by the Administrator should be.
(2) Any exculpatory reasons offered by the taxpayer for the liability. Tax liabilities created by good-faith mistakes and/or minimal negligence by the taxpayer may increase the amount of any compromise.
(3) The collectability of the taxpayer. The greater the taxpayer’s apparent collectability, the lower the amount of any compromise should be.
(4) The taxpaying history of the taxpayer. The greater the taxpayer’s history of compliance with the Village’s tax requirements, the greater the amount of the compromise may be.
(5) Any other relevant factor demonstrating good cause for a compromise.
(b) In no event shall the Administrator compromise the amount of interest owed to the Village by more than twenty-five percent (25%) of the total amount due up to a maximum of one thousand dollars ($1,000). In no event shall the Administrator compromise the amount of penalties due by more than twenty-five percent (25%) up to a maximum of one thousand dollars ($1,000).
(c) Any written offer of compromise not accepted by the taxpayer within fifteen (15) days after the date of such written offer shall expire and such offer of compromise by the Administrator shall not be binding upon the Village in any subsequent appeal.
(d) The Board of Review may abate a penalty or interest, or both, and shall also consider the factors set forth in subsections (a)(1), (2), (3), (4) and (5).
(Ord. 2007-41. Passed 11-26-07.)