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Ord 2004-014
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Ord 2004-014
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11/5/2007 11:20:11 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
7/6/2004
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of final assessment. The penalty for delinquency shall be fifteen percent (15%) on the total <br />amount of the assessment, along with interest at the rate ofthree-quarters of one percent <br />('/4°/0) per month, or any fraction thereof, on the amount of the tax, exclusive of penalties, <br />from the date of delinquency, until paid. The applicable statute of limitations regarding a <br />claim by the City seeking payment of a tax assessed under this Chapter shall commence from <br />the date of delinquency as provided in this subsection (e). <br />(f) All notices under this section maybe sent by regular mail, postage prepaid, and shall be <br />deemed received on the third calendar day following the date of mailing, as established by a <br />proof of mailing. <br />Section 15. Section 2-4-235 ADDITIONAL POWER AND DUTIES OF TAX <br />ADMINISTRATOR of the San Leandro Municipal Code is hereby amended to read as follows: <br />(a) The Tax Administrator shall have the power and duty, and is hereby directed, to enforce <br />each and all of the provisions of this Chapter. <br />(b) The Tax Administrator may adopt administrative rules and regulations not inconsistent <br />with provisions of this Chapter for the purpose of interpreting, clarifying, carrying out and <br />enforcing the payment, collection and remittance of the taxes herein imposed. A copy of <br />such administrative rules and regulations shall be on file in the Tax Administrator's office. <br />(c) Upon a proper showing of good cause, the Tax Administrator may make administrative <br />agreements, with appropriate conditions, to vary from the strict requirements of this Chapter <br />and thereby: (i) conform to the billing procedures of a particular service supplier (or service <br />user subject to Section 2-4-215 of this Chapter) so long as said agreements result in the <br />collection of the tax in conformance with the general purpose and scope of this Chapter; or, <br />(ii) to avoid a hardship where the administrative costs of collection and remittance greatly <br />outweigh the tax benefit. A copy of each such agreement shall be on file in the Tax <br />Administrator's office, and are voidable by the Tax Administrator or the City at any time. <br />(d) The Tax Administrator may conduct an audit, to ensure proper compliance with the <br />requirements of this Chapter, of any person required to collect and/or remit a tax pursuant to <br />this Chapter. The Tax Administrator shall notify said person of the initiation of an audit in <br />writing. In the absence of fraud or other intentional misconduct, the audit period of review <br />shall not exceed a period of three (3) years next preceding the date of receipt of the written <br />notice by said person from the Tax Administrator. Upon completion of the audit, the Tax <br />Administrator may make a deficiency determination pursuant to Section 2-4-250 of this <br />Chapter for all taxes, penalties and interest owed and not paid, as evidenced by information <br />provided by such person to the Tax Administrator. If said person is unable or unwilling to <br />provide sufficient records to enable the Tax Administrator to verify compliance with this <br />Chapter, the Tax Administrator is authorized to make a reasonable estimate of the deficiency. <br />Said reasonable estimate shall be entitled to a rebuttable presumption of correctness. <br />(e) Upon receipt of a written request of a taxpayer, and for good cause, the Tax Administrator <br />may extend the time for filing any statement required pursuant to this Chapter for a period of <br />ORDINANCE NO. 2004-014 I3 <br />
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