§ 53-367. Jeopardy assessment and demands.  


Latest version.
  • If the manager of finance finds that collection of the tax will be jeopardized by delay, in the manager's discretion, the manager may declare the taxable period immediately terminated, determine the tax and issue notice and demand for payment thereof; and having done so, the tax shall be due and payable forthwith, and the manager may proceed immediately to collect such tax by distraint, levy and sale. Collection may be stayed if the taxpayer gives such security for payment as shall be satisfactory to the manager. The taxpayer or other person entitled to notice by law may request a hearing in writing before the manager regarding the jeopardy determination and the amount of the assessment. A request for hearing must be made within seven (7) days after the notice and demand for payment or distraint warrant is issued. The hearing shall be held within fifteen (15) days of the request. The hearing shall be informal and need not comply with the requirements of section 53-361 nor with the applicable rules and regulations promulgated by the manager relating to hearings. The burden of proof shall be on the taxpayer, and such proof shall be by a preponderance of evidence. The manager shall enter his decision within thirty (30) days after the hearing and shall furnish a copy to the taxpayer. If the taxpayer is aggrieved by the decision of the manager, the taxpayer may seek review pursuant to section 53-366. A request for hearing under this section shall not stay collection proceedings unless such request is accompanied by a bond or other security as shall be satisfactory to the manager.

(Code 1950, § 166E.17-4; Ord. No. 927-91, § 5, 12-9-91; Ord. No. 665-93, § 3, 8-30-93; Ord. No. 775-07, § 201, 12-26-07)