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3. In addition to the penalties imposed in this subsection, any telephone <br />subscriber who fails to remit taxes and penalties within 30 days of the date the City of San <br />Leandro mails notification that the City has assumed responsibility for the collection of taxes <br />due for specified billing periods, shall pay interest on the amount of the tax, exclusive of <br />penalties, from the date on which the tax first became delinquent to the service supplier until <br />payment in full is received by the Finance Director, plus an additional collection charge for <br />each delinquent account in an amount to be determined by rules and regulations of the <br />Finance Director. The Finance Director shall establish collection charges which reimburse <br />the costs incurred by the City for collecting delinquent taxes. Interest shall be paid at the rate <br />of one percent (1%) per month or fraction thereof. <br />4. The penalties, interest and collection charges imposed in this subsection <br />shall not be collected by the service supplier, but shall be determined and collected by the <br />City. <br />5. Every penalty imposed and such interest as accrues under the provisions <br />of this Section shall become a Chapter of the tax herein required to be paid. <br />SEC.2-18-255 Failure to Collect and Report Tax; Determination of Tax by <br />Finance Director. <br />If any service supplier willfully refuses to make, within the time provided in this <br />Chapter, any report and remittance of taxes collected from telephone subscribers or any <br />portion thereof required by this Chapter, the Finance Director may inspect, audit, and copy <br />records relevant and material to the service supplier's willful failure during the service <br />supplier's regular business hours, upon written request and not less than five business days' <br />notice. As soon as the Finance Director is able to procure facts and information upon which <br />to base the assessment of any tax imposed by this Chapter collected by any service supplier <br />who has willfully refused to make such report and remittance, the Finance Director shall <br />proceed to determine and assess against such service supplier the tax, interest and penalties <br />provided by this Chapter. In case such determination is made, the Finance Director shall <br />give a notice of the amount so assessed by serving it personally or by depositing it in the <br />United States mail, postage prepaid, addressed to the service supplier to its registered agent <br />for service of process in the State of California. The service supplier may within ten (10) <br />days after the serving or mailing of such notice make application in writing to the Finance <br />Director for a hearing on the amount assessed. If application by the service supplier for a <br />hearing is not made within the time prescribed, the tax, interest and penalties, if any <br />determined by the Director shall become final and conclusive and immediately due and <br />payable. If such application is made, the Director shall give not less than ten (10) business <br />days' written notice in the manner prescribed herein to the service supplier to show cause at a <br />time and place fixed in the notice why the amount specified therein should not be fixed for <br />such tax, interest and penalties. At the hearing, the service supplier may appear and offer <br />evidence and/or legal authority as to why the specified tax, interest, and penalties should not <br />be so fixed. <br />ORDINANCE N0.2008-018 12 <br />