§ 53-361. Audit; estimate of taxes, penalty, and interest; notice; assessment.

(a)

The manager is authorized to examine, inspect and audit the books, invoices, accounts and other records kept or maintained by the taxpayer for the collection of the taxes imposed by this article. If the manager determines that any taxpayer neglects or refuses to make a timely return in payment of the taxes or to pay or to correctly account for any tax as required by this article, the manager shall make an estimate, based upon such information as may be available, with or without employing investigative powers vested in the manager by this article, of the amount of taxes due for the period or periods for which the taxpayer is delinquent; and upon the basis of such estimated amount, compute and assess in addition thereto a penalty equal to fifteen (15) percent thereof, together with the interest on such delinquent taxes at the rate of one (1) percent each month, or a fraction thereof, from the date when due until the date paid.

(b)

Promptly thereafter, the manager shall notify the delinquent taxpayer in writing and demand payment thereof of such estimated taxes, penalty and interest.

(c)

Such estimated amounts shall thereupon become an assessment, and such assessment shall be final and due and payable from the taxpayer to the city thirty (30) days from the date of the notice and demand; provided, however, that within said thirty-day period the delinquent taxpayer may petition the manager in writing for review of the assessment in the manner provided in section 53-365 of this article. The filing of a petition shall not toll the accrual of interest on the amount of taxes due.

(Code 1950, §§ 166E.15, 166E.16; Ord. No. 361-88, § 3, 6-13-88; Ord. No. 776-02, § 2, 9-30-02; Ord. No. 775-07, § 195, 12-26-07; Ord. No. 474-10, § 32, 9-13-10; Ord. No. 34-12, § 42, 1-9-12)