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Xenia Overview
Xenia, OH Code of Ordinances
CITY OF XENIA, OHIO CODE OF ORDINANCES
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE
XENIA CITY CHARTER
PART TWO - CITY GOVERNMENT CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - LAND DEVELOPMENT CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE CODE
TABLE OF SPECIAL LEGISLATION
PARALLEL REFERENCES
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§ 881.08 ROUNDING OF AMOUNTS.
   A person may round to the nearest whole dollar all amounts the person is required to enter on any return, report, voucher, or other document required under this Chapter. Any fractional part of a dollar that equals or exceeds fifty cents ($0.50) shall be rounded to the next whole dollar, and any fractional part of a dollar that is less than fifty cents ($0.50) shall be dropped, rounding down to the nearest whole dollar. If a person chooses to round amounts entered on a document, the person shall round all amounts entered on the document.
(Source: ORC 718.25)
(Ord. 2020-10. Adopted 04/23/20)
§ 881.09 REQUESTS FOR REFUNDS.
   (a)   Definitions. As used in this section, "withholding tax" has the same meaning as in Section 881.18.
   (b)   Request for Refund. Upon receipt of a request for a refund, the Tax Administrator, in accordance with this section, shall refund to employers, agents of employers, other payers or taxpayers with respect to any income or withholding tax levied by the City:
      (1)   Overpayments of more than ten dollars ($10);
      (2)   Amounts paid erroneously if the refund requested exceeds ten dollars ($10).
   (c)   Filing Request.
      (1)   Except as otherwise provided in this Chapter, requests for refund shall be filed with the Tax Administrator, on the form prescribed by the Tax Administrator, within three (3) years after the tax was due or paid, whichever is later. The Tax Administrator may require the requestor to file with the request any documentation that substantiates the requestor's claim for a refund.
      (2)   On filing of the refund request, the Tax Administrator shall determine the amount of refund due and certify such amount to the Finance Director for payment. Except as provided in division (c)(3) of this section, the Tax Administrator shall issue an Assessment to any taxpayer whose request for refund is fully or partially denied. The Assessment shall state the amount of the refund that was denied, the reasons for the denial, and instructions for appealing the Assessment.
      (3)   If the Tax Administrator denies in whole or in part a refund request included within the taxpayer's originally filed annual income tax return, the Tax Administrator shall notify the taxpayer, in writing, of the amount of the refund that was denied, the reasons for the denial, and instructions for requesting an Assessment that may be appealed under Section 881.21 of this Chapter.
   (d)   Timely Filing. A request for a refund that is received after the last day for filing specified in division (c) of this section shall be considered to have been filed in a timely manner if any of the following situations exist:
      (1)   The request is delivered by the postal service, and the earliest postal service postmark on the cover in which the request is enclosed is not later than the last day for filing the request;
      (2)   The request is delivered by the postal service, the only postmark on the cover in which the request is enclosed was affixed by a private postal meter, the date of that postmark is not later than the last day for filing the request, and the request is received within seven days (7) of such last day;
      (3)   The request is delivered by the postal service, no postmark date was affixed to the cover in which the request is enclosed or the date of the postmark so affixed is not legible, and the request is received within seven (7) days of the last day for making the request.
         (Source: ORC 718.19)
   (e)   Limitation. A claim for a refund shall be brought within the time limitations provided in this section.
(Source: ORC 719.12(C))
   (f)   Interest on Refunds. Interest shall be allowed and paid on any overpayment by a taxpayer of any City income tax obligation from the date of the overpayment until the date of the refund of the overpayment, except that if any overpayment is refunded within ninety (90) days after the final filing date of the annual City income tax return or ninety days (90) after the completed return is filed, whichever is later, no interest shall be allowed on the refund. For the purpose of computing the payment of interest on amounts overpaid, no amount of tax for any taxable year shall be considered to have been paid before the date on which the City income tax return on which the tax is reported is due, without regard to any extension of time for filing that return. Interest shall be paid at the interest rate described in Section 881.18 (a)(4) of this Chapter.
(Source: ORC 718.12(D))
(Ord. 15-33. Adopted 07/23/15; Ord. 2018-08. Adopted 02/22/18; Ord. 20-10. Adopted 04/23/20; Ord. 2023-31. Adopted 11/21/23)
§ 881.10 AMENDED RETURNS.
   (a)   Time for Filing. Within sixty (60) days after the final determination of any federal or state tax liability affecting the taxpayer's City income tax liability, that taxpayer shall make and file an amended City return showing income subject to City income tax based upon such final determination of federal or state tax liability. The taxpayer shall pay any additional City income tax shown due thereon or make a claim for refund of any overpayment, unless the tax or overpayment is less than ten dollars ($10).
(Source: ORC 718.12(E))
   (b)   Amended Return. A taxpayer shall file an amended return with the Tax Administrator in such form as the Tax Administrator requires if any of the facts, figures, computations, or attachments required in the taxpayer's annual return to determine the tax due levied by the City in accordance with this Chapter must be altered as a result of an adjustment to the taxpayer's federal income tax return, whether initiated by the taxpayer or the Internal Revenue Service, and such alteration affects the taxpayer's tax liability under this Chapter. If a taxpayer intends to file an amended consolidated municipal income tax return, or to amend its type of return from a separate return to a consolidated return, based on the taxpayer's consolidated federal income tax return, the taxpayer shall notify the Tax Administrator before filing the amended return.
   (c)   Underpayment.
      (1)   In the case of an underpayment, the amended return shall be accompanied by payment of any combined additional tax due together with any penalty and interest thereon. If the combined tax shown to be due is ten dollars ($10) or less, no payment need be made. Except as provided in division (c)(2) of this section, the amended return shall not reopen those facts, figures, computations, or attachments from a previously filed return that are not affected, either directly or indirectly, by the adjustment to the taxpayer's federal or state income tax return unless the applicable statute of limitations for civil actions or prosecutions under Section 881.12 of this Chapter has not expired for a previously filed return.
      (2)   The additional tax to be paid shall not exceed the amount of tax that would be due if all facts, figures, computations, and attachments were reopened.
   (d)   Overpayment.
      (1)   In the case of an overpayment, a request for refund may be filed under this division within the period prescribed by division (a) of this section for filing the amended return even if it is filed beyond the period prescribed in that division if it otherwise conforms to the requirements of that division. If the amount of the refund is ten dollars ($10) or less, no refund need be paid by the City to the taxpayer. Except as set forth in division (d)(2) of this section, a request filed under this division shall claim refund of overpayments resulting from alterations to only those facts, figures, computations or attachments required in the taxpayer's annual income tax return that are affected, either directly or indirectly, by the adjustment to the taxpayer's federal or state income tax return and provided it is also filed within the time prescribed in Section 881.09 of this Chapter. Except as provided in division (d)(2) of this section, the request shall not reopen those facts, figures, computations, or attachments that are not affected, either directly or indirectly, by the adjustment to the taxpayer's federal or state income tax return.
      (2)   The amount to be refunded shall not exceed the amount of refund that would be due if all facts, figures, computations, and attachments were reopened.
         (Source: ORC 718.41)
(Ord. 2020-10. Adopted 04/23/20; Ord. 2023-31. Adopted 11/21/23)
§ 881.11 ELECTRONIC AVAILABILITY OF RULES AND FORMS.
   The Tax Administrator shall make electronic versions of any rules or ordinances governing the tax available to the public through the internet including, but not limited to, ordinances or rules governing the rate of tax; payment and withholding of taxes; filing any prescribed returns, reports, or other documents; dates for filing or paying taxes, including estimated taxes; penalties, interest, assessment, and other collection remedies; rights of taxpayers to appeal; procedures for filing appeals; and a summary of taxpayers' rights and responsibilities. The Tax Administrator shall make blanks of any prescribed returns, reports, or documents, and any instructions pertaining thereto, available to the public electronically through the internet. Electronic versions of rules, ordinances, blanks, and instructions shall be made available by posting them on the electronic site established by the State Tax Commissioner under ORC 5703.49 and, if the City or Tax Administrator maintains an electronic site for the posting of such documents that is accessible through the internet, by posting them on that electronic site. If the City or Tax Administrator establishes such an electronic site, the City shall incorporate an electronic link between that site and the site established pursuant to ORC 5703.49 and shall provide to the State Tax Commissioner the uniform resource locator of the site established pursuant to this division.
(Source: ORC 718.07)
(Ord. 2023-31. Adopted 11/21/23)
§ 881.12 LIMITATIONS.
   (a)   Civil Actions.
      (1)   A.   Civil actions to recover municipal income taxes and penalties and interest on municipal income taxes shall be brought within the later of:
            (i)   Three (3) years after the tax was due or the return was filed, whichever is later; or
            (ii)   One (1) year after the conclusion of the qualifying deferral period, if any.
         B.   The time limit described in division (a)(1)A. of this section may be extended at any time if both the Tax Administrator and the employer, agent of the employer, other payer or taxpayer consent in writing to the extension. Any extension shall also extend for the same period of time the time limit described in Section 881.09(e) of this Chapter.
      (2)   As used in this section, "qualifying deferral period" means a period of time beginning and ending as follows:
         A.   Beginning on the date a person who is aggrieved by an Assessment files with the Board of Tax Review the request described in Section 881.21 of this Chapter. That date shall not be affected by any subsequent decision, finding or holding by any administrative body or court that the Board of Tax Review with which the aggrieved person filed the request did not have jurisdiction to affirm, reverse or modify the Assessment or any part of that Assessment.
         B.   Ending the later of the sixtieth (60th) day after the date on which the final determination of the Board of Tax Review becomes final or, if any party appeals from the determination of the Board of Tax Review, the sixtieth (60th) day after the date on which the final determination of the Board of Tax Review is either ultimately affirmed in whole or in part or ultimately reversed and no further appeal of either that affirmation, in whole or in part, or that reversal is available or taken.
(Source: ORC 718.12(A))
   (b)   Criminal Actions. Prosecutions for an offense made punishable under this Chapter shall be commenced within three (3) years after the commission of the offense; provided, however, that in the case of fraud, failure to file a return or the omission of twenty-five percent (25%) or more of income required to be reported, prosecutions may be commenced within six (6) years after the commission of the offense.
(Source: ORC 718.12(B))
   (c)   Effect of Pending Appeal.
      (1)   Notwithstanding the fact that an appeal is pending, the petitioner may pay all or a portion of the Assessment that is the subject of the appeal. The acceptance of a payment by the City does not prejudice any claim for refund upon final determination of the appeal.
      (2)   If, upon final determination of the appeal, an error in the Assessment is corrected by the Tax Administrator, upon an appeal so filed or pursuant to a final determination of the Board of Tax Review, of the Ohio Board of Tax Appeals or any court to which the decision of the Ohio Board of Tax Appeals has been appealed, so that the amount due from the party assessed under the corrected assessment is less than the amount paid, there shall be issued to the appellant or to the appellant's assigns or legal representative a refund in the amount of the overpayment as provided by Section 881.09 of this Chapter, with interest on that amount as provided by 881.09(f).
         (Source: ORC 718.12(F))
   (d)   Limitation on Civil Actions. No civil action to recover municipal income tax or related penalties or interest shall be brought during either of the following time periods:
      (1)   The period during which a taxpayer has a right to appeal the imposition of that tax or interest or those penalties;
      (2)   The period during which an appeal related to the imposition of that tax or interest or those penalties is pending.
         (Source: ORC 718.12(G))
(Ord. 2020-10. Adopted 04/23/20; Ord. 2023-31. Adopted 11/21/23)
§ 881.13 AUDITS.
   (a)   Notice to Taxpayer. At or before the commencement of an audit, the Tax Administrator shall provide to the taxpayer a written description of the roles of the Tax Administrator and of the taxpayer during an audit and a statement of the taxpayer's rights, including any right to obtain a refund of an overpayment of tax. At or before the commencement of an audit, the Tax Administrator shall inform the taxpayer when the audit is considered to have commenced.
   (b)   Audit. Except in cases involving suspected criminal activity, the Tax Administrator shall conduct an audit of a taxpayer during regular business hours and after providing reasonable notice to the taxpayer. A taxpayer who is unable to comply with a proposed time for an audit on the grounds that the proposed time would cause inconvenience or hardship must offer reasonable alternative dates for the audit.
   (c)   Authorized Representative of the Taxpayer.
      (1)   At all stages of an audit by the Tax Administrator, a taxpayer is entitled to be assisted or represented by an attorney, accountant, bookkeeper, or other tax practitioner. The Tax Administrator shall prescribe a form by which a taxpayer may designate such a person to assist or represent the taxpayer in the conduct of any proceedings resulting from actions by the Tax Administrator. If a taxpayer has not submitted such a form, the Tax Administrator may accept other evidence, as the Tax Administrator considers appropriate, that a person is the authorized representative of a taxpayer.
      (2)   A taxpayer may refuse to answer any questions asked by Tax Administrator or other authorized person conducting an audit until the taxpayer has an opportunity to consult with the taxpayer's attorney, accountant, bookkeeper, or other tax practitioner. This division does not authorize the practice of law by a person who is not an attorney.
   (d)   Recording of Audit. A taxpayer may record, electronically or otherwise, the audit examination.
   (e)   Effect of Audit on Taxes Due. The failure of the Tax Administrator to comply with a provision of this section shall neither excuse a taxpayer from payment of any taxes owed by the taxpayer nor cure any procedural defect in a taxpayer's case.
   (f)   Effect of Audit on Penalties and Interest. If the Tax Administrator fails to substantially comply with the provisions of this section, the Tax Administrator, upon application by the taxpayer, shall excuse the taxpayer from penalties and interest arising from the audit.
(Source: ORC 718.36)
(Ord. 2020-10. Adopted 04/23/20)
§ 881.14 SERVICE OF ASSESSMENT.
   (a)   Definitions. As used in this section:
      (1)   "Last known address" means the address the Tax Administrator has at the time a document is originally sent by certified mail, or any address the Tax Administrator can ascertain using reasonable means such as the use of a change of address service offered by the postal service or an authorized delivery service under ORC 5703.056.
      (2)   "Undeliverable address" means an address to which the postal service or an authorized delivery service under ORC 5703.056 is not able to deliver an Assessment of the Tax Administrator, except when the reason for non-delivery is because the addressee fails to acknowledge or accept the Assessment.
   (b)   Service.
      (1)   Subject to division (c) of this section, a copy of each Assessment shall be served upon the person affected thereby either by personal service, by certified mail, or by a delivery service authorized under ORC 5703.056.
      (2)   With the permission of the person affected by an Assessment, the Tax Administrator may deliver the Assessment through alternative means as provided in this section, including, but not limited to, delivery by secure electronic mail. Delivery by such means satisfies the requirements for delivery under this section.
   (c)   Return of Certified Mail.
      (1)   A.   If certified mail is returned because of an undeliverable address, the Tax Administrator shall utilize reasonable means to ascertain a new last known address, including the use of a change of address service offered by the postal service or an authorized delivery service under ORC 5703.056. If, after using reasonable means, the Tax Administrator is unable to ascertain a new last known address, the Assessment shall be sent by ordinary mail and considered served. If the ordinary mail is subsequently returned because of an undeliverable address, the Assessment remains appealable within sixty (60) days after the Assessment's postmark.
         B.   Once the Tax Administrator or other City official, or the designee of either, serves an Assessment on the person to whom the Assessment is directed, the person may protest the ruling of that Assessment by filing an appeal with the Board of Tax Review within sixty (60) days after the receipt of service. The delivery of an Assessment of the Tax Administrator under division (c)(1)A. of this section is prima facie evidence that delivery is complete and that the Assessment is served.
      (2)   If mailing of an Assessment by the Tax Administrator by certified mail is returned for some cause other than an undeliverable address, the Tax Administrator shall resend the Assessment by ordinary mail. The Assessment shall show the date the Tax Administrator sends the Assessment and include the following statement:
         "This Assessment is deemed to be served on the addressee under applicable law ten (10) days from the date this Assessment was mailed by the Tax Administrator as shown on the Assessment, and all periods within which an appeal may be filed apply from and after that date."
         Unless the mailing is returned because of an undeliverable address, the mailing of that information is prima facie evidence that delivery of the Assessment was completed ten (10) days after the Tax Administrator sent the Assessment by ordinary mail and that the Assessment was served.
      (3)   If the ordinary mail is subsequently returned because of an undeliverable address, the Tax Administrator shall proceed under division (c)(1)A. of this section. A person may challenge the presumption of delivery and service under this division in accordance with division (d) of this section.
   (d)   Appeal Based on Presumption of Delivery.
      (1)   A person disputing the presumption of delivery and service under division (c) of this section bears the burden of proving by a preponderance of the evidence that the address to which the Assessment was sent was not an address with which the person was associated at the time the Tax Administrator originally mailed the assessment by certified mail. For the purposes of this section, a person is associated with an address at the time the Tax Administrator originally mailed the Assessment if, at that time, the person was residing, receiving legal documents, or conducting business at the address; or if, before that time, the person had conducted business at the address and, when the Assessment was mailed, the person's agent or the person's affiliate was conducting business at the address. For the purposes of this section, a person's affiliate is any other person that, at the time the assessment was mailed, owned or controlled at least twenty percent (20%), as determined by voting rights, of the addressee's business.
      (2)   If a person elects to appeal an Assessment on the basis described in division (d)(1) of this section, and if that Assessment is subject to collection and is not otherwise appealable, the person must do so within sixty (60) days after the initial contact by the Tax Administrator or other City official, or the designee of either, with the person. Nothing in this division prevents the Tax Administrator or other official from entering into a compromise with the person if the person does not actually file such an appeal with the Board of Tax Review.
   (e)   Personal Service. Nothing in this section prohibits the Tax Administrator or the Tax Administrator's designee from delivering an Assessment by personal service.
   (f)   Stay of Collection Action. Collection actions taken upon any assessment being appealed under division (c)(1)B. of this section shall be stayed upon the pendency of an appeal under this section. If an appeal is filed pursuant to this section on a claim that has been delivered for collection, the collection activities with respect to the assessment shall be stayed.
   (g)   Additional Rules. Additional regulations as detailed in the Rules and Regulations shall apply.
(Source: ORC 718.18)
(Ord. 2020-10. Adopted 04/23/20; Ord. 2023-31. Adopted 11/21/23)
§ 881.15 ADMINISTRATION OF CLAIMS.
   (a)   Definitions. As used in this section, "claim" means a claim for an amount payable to the City that arises pursuant to the City's income tax imposed in accordance with this Chapter.
   (b)   Authority of Tax Administrator. Nothing in this Chapter prohibits the Tax Administrator from doing either of the following if such action is in the best interests of the City:
      (1)   Compromise a claim;
      (2)   Extend for a reasonable period the time for payment of a claim by agreeing to accept monthly or other periodic payments.
   (c)   No Appeal. The Tax Administrator's rejection of a compromise or payment-over-time agreement proposed by a person with respect to a claim shall not be appealable.
   (d)   Compromise; Payment-Over-Time Agreement.
      (1)   A person disputing the presumption of delivery and service under division (c) of this section bears the burden of proving by a preponderance of the evidence that the address to which the Assessment was sent was not an address with which the person was associated at the time the Tax Administrator originally mailed the assessment by certified mail. For the purposes of this section, a person is associated with an address at the time the Tax Administrator originally mailed the Assessment if, at that time, the person was residing, receiving legal documents, or conducting business at the address; or if, before that time, the person had conducted business at the address and, when the Assessment was mailed, the person's agent or the person's affiliate was conducting business at the address. For the purposes of this section, a person's affiliate is any other person that, at the time the assessment was mailed, owned or controlled at least twenty percent (20%), as determined by voting rights, of the addressee's business.
      (2)   If a person elects to appeal an Assessment on the basis described in division (d)(1) of this section, and if that Assessment is subject to collection and is not otherwise appealable, the person must do so within sixty (60) days after the initial contact by the Tax Administrator or other City official, or the designee of either, with the person. Nothing in this division prevents the Tax Administrator or other official from entering into a compromise with the person if the person does not actually file such an appeal with the Board of Tax Review.
   (e)   Personal Service. Nothing in this section prohibits the Tax Administrator or the Tax Administrator's designee from delivering an Assessment by personal service.
   (f)   Stay of Collection Action. Collection actions taken upon any assessment being appealed under division (c)(1)B. of this section shall be stayed upon the pendency of an appeal under this section. If an appeal is filed pursuant to this section on a claim that has been delivered for collection, the collection activities with respect to the assessment shall be stayed.
   (g)   Additional Rules. Additional regulations as detailed in the Rules and Regulations shall apply.
(Source: ORC 718.18)
(Ord. 2020-10. Adopted 04/23/20; Ord. 2023-31. Adopted 11/21/23)
§ 881.16 TAX INFORMATION CONFIDENTIAL.
   (a)   Confidentiality of Income Tax Information. Any information gained as a result of returns, investigations, hearings, or verifications required or authorized by this Chapter, the City's Charter, other ordinance or resolution, or any rule or regulation adopted pursuant to this Chapter or ORC Chapter 718. is confidential, and no person shall access or disclose such information except in accordance with a proper judicial order or in connection with the performance of that person's official duties or the official business of the City as authorized by this Chapter, the City's Charter, other ordinance or resolution, or any rule or regulation adopted pursuant to this Chapter or ORC Chapter 718. The Tax Administrator, or a designee thereof, may furnish copies of returns filed or otherwise received under this Chapter and other related tax information to the Internal Revenue Service, the State Tax Commissioner and Tax Administrators of other municipal corporations.
   (b)   Income Tax Statistics. This section does not prohibit the City from publishing or disclosing statistics in a form that does not disclose information with respect to particular taxpayers.
(Source: ORC 718.13)
(Ord. 2020-10. Adopted 04/23/20)
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