Title 3 REVENUE AND FINANCE
Chapter 3.16 BUSINESS OCCUPATIONAL PRIVILEGE TAX
3.16.096 Recovery of unpaid tax by action at law.
A. In addition to other remedies provided in this chapter, the
finance director may treat any such taxes, penalties or interest due and unpaid
as a debt due to the city from the taxpayer. If a taxpayer fails to pay the tax,
or any portion thereof, or any penalty or interest thereon, when due, the
finance director may recover by law the amount of such taxes, penalties and
interest in municipal court or in any county or district court wherein the
taxpayer resides or has a principal place of business, that has jurisdiction
over the amounts sought to be collected. The return filed by the taxpayer or the
notice of determination, assessment and demand for payment issued by the finance
director is prima facie proof of the amount due.
B. The city attorney is thereby authorized upon request by the
finance director to commence any legal action or suit for the recovery of the
tax due under this chapter.
C. Such actions may be actions in attachment, and writs of
attachment may be issued to the sheriff. In any such proceedings no bonds shall
be required of the city, nor shall any sheriff require of the finance director
an indemnifying bond for executing the writ of attachment or writ of execution
upon any judgment entered in such proceedings. The city may also prosecute
appeals or writs of error in such cases without the necessity of providing for
the bond therefor.
D. In any case in which a taxpayer has refused or neglected to
pay any tax, penalty or interest due to the city under this chapter and a lien
has been filed upon any real or personal property, the finance director may
cause a civil action to be filed in the county district court or municipal court
in which is situated any such property subject to such lien to enforce the lien
and subject any real or personal property or any right, title or interest in
such property to the payment of the amount due. The court shall decree a sale of
such real property and distribute the proceeds of such sale according to the
court's findings concerning the interest of the parties and of the city. The
proceedings with regard to the redemption of property from such sale, and the
execution of any deed of conveyance shall be in accordance with the law of
foreclosures of mortgages upon real property. In any such action, the court may
appoint a receiver of the property involved in such action if equity so
requires. (Ord. 1993-7 Exh. B (part))