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Ord 2008-017
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Ord 2008-017
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12/16/2008 9:14:15 AM
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12/16/2008 9:14:11 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
12/15/2008
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Reso 2008-143
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\City Clerk\City Council\Resolutions\2008
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collect taxes due. The service supplier shall provide the City with the names and <br />addresses of such service users and the amounts of taxes owed under the provisions of <br />this Chapter. Nothing herein shall require that the Tax Administrator institute <br />proceedings under this Section 2-17-155 if, in the opinion of the Tax Administrator, the <br />cost of collection or enforcement likely outweighs the tax benefit. <br />(b) In addition to the tax owed, the service user shall pay a delinquency penalty at the <br />rate of fifteen percent (15%) of the total tax that is owed, and shall pay interest at the rate <br />of 75/100ths (0.75%) percent per month, or any fraction thereof, on the amount of the <br />tax, exclusive of penalties, from the due date, until paid. <br />(c) The Tax Administrator shall notify the non-paying service user that the Tax <br />Administrator has assumed the responsibility to collect the taxes due for the stated <br />periods and demand payment of such taxes, including penalties and interest. The notice <br />shall be served on the service user by personal delivery or by deposit of the notice in the <br />United States mail, postage prepaid, addressed to the service user at the address to which <br />billing was made by the person required to collect the tax; or, should the service user <br />have a change of address, to his or her last known address. <br />(d) If the service user fails to remit the tax to the Tax Administrator within thirty (30) <br />days from the date of the service of the notice upon him or her, the Tax Administrator <br />may impose an additional penalty of fifteen percent (15%) of the amount of the total tax <br />that is owed. <br />2-17-160 Additional Powers and Duties of the Tax Administrator. <br />(a) The Tax Administrator shall have the power and duty, and is hereby directed, to <br />enforce each and all of the provisions of this Chapter. <br />(b) The Tax Administrator may adopt administrative rules and regulations consistent <br />with provisions of this Chapter for the purpose of interpreting, clarifying, carrying out <br />and enforcing the payment, collection and remittance of the taxes herein imposed. The <br />administrative ruling shall not impose a new tax, revise an existing tax methodology as <br />stated in this Section, or increase an existing tax, except as allowed by California <br />Government Code Section 53750(h)(2). A copy of such administrative rules and <br />regulations shall be on file in the Tax Administrator's office. To the extent that the Tax <br />Administrator determines that the tax imposed under this chapter shall not be collected in <br />full for any period of time from any particular service supplier or service user, that <br />determination shall be considered an exercise of the Tax Administrator's discretion to <br />settle disputes and shall not constitute a change in taxing methodology for purposes of <br />Government Code Section 53750 or otherwise. The Tax Administrator is not authorized <br />to amend the City's methodology for purposes of Government Code Section 53750 and <br />the City does not waive or abrogate its ability to impose the communication users' tax in <br />full as a result of promulgating administrative rulings or entering into agreements. <br />(c) Upon a proper showing of good cause, the Tax Administrator may make <br />administrative agreements, with appropriate conditions, to vary from the strict <br />ORDINANCE NO. 2008-017 12 <br />
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