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Ordinance No. 19276
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Ordinance No. 19276
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Last modified
6/10/2010 3:43:55 PM
Creation date
4/9/2009 2:40:38 PM
Metadata
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Council Ordinances
CMO_Document_Number
19276
Document_Title
Concerning the Downtown Development District user fees; amending sections 3.700, 3.705, 3.750, 3.755 & 3.760 of Eugene Code; renumbering sections 3.745; adding new sections 3.742, 3.743, 3.744, 3.745, 3.746 & 3.765; and providing an effective date.
Adopted_Date
8/15/1984
Approved Date
8/15/1984
CMO_Effective_Date
9/14/1984
Signer
R. A. "Gus" Keller
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19z , 6 <br />3.145 Downtown Develo meat District User Fee - Penalty for Fraud. <br />(1} If the finance officer determines, in accordance with this <br />section, that the nonpayment of a remittance due under section 3.743 of <br />this code is due to fraud or intent to evade a requirement of this section, <br />there shall be added to the user fee a fraud penalty of twenty-five ercent <br />(~5,°0~ of the amount of the fee due p <br />under section 3.743 far the quarter dur- <br />ing which the fraud or intent to evade occurs. <br />(Z~ If an occupant fails or refuses to pay the user fee makes <br />a fradulent application far exemption under section 3.765 of this code ar <br />otherwise attempts to evade the requirements of this code or the rules and <br />regulations of the finance officer regarding the user fee, the finance <br />officer shall obtain facts andrinformatian on which to base a determination <br />of the amount of user fee due from the occupant. As soon as the finance <br />officer determines that amount, (s}he shall determine and assess a ainst <br />the occupant the fee interest the g <br />neon, and penalties therefore due from <br />the accupant under this code. <br />(3~ After the determination is made, the finance officer shall <br />give the accupant written notice of the amount so assessed. The determina- <br />tion shall be made and the notice mailed within three years after discover <br />by the finance officer of an fraud intent y <br />Y to evade, or failure or refusal <br />to make payment of the user fee. The amount so determined becomes due u an <br />receipt of the notice, and the determinat'a ~ P <br />i n becomes final w~th~n 1D days <br />after receipt of the notice. After the expiration of the ~D days if the <br />occupant fails to pay the amount due, a fine of fifty dollars ~5D er <br />( ~P <br />day may be imposed against the occupant so long as the failure continues. <br />(4~ An occupant against wham a determination is made under this <br />section, or an occupant financially interested in the determination, may <br />petition the finance officer fora review of the determination, if the <br />pet~t~on is Bled before the determination becomes final. ~f a petition <br />is so filed, the finance officer shall reconsider the determination and <br />if the occupant has so requested in the petition, shall grant the occu ant <br />an oral hearin and ive ten da s notice P <br />. g g Y of the time and place of the hear-~ <br />Eng. The finance officer may increase or decrease the amount of the de- <br />termination as a result of the hearing. ~f an increase is determined, it <br />shall be paid ~mmed~ately after the hearing. <br />.(5} The decision of the finance officer upon a petition for re- <br />v~ ew ~ s f ~ na1. <br />(6} No petition for review may be filed unless the petitioner <br />first pays the amount to which the petition pertains. <br />3.746 Downtown Devela meat District User Fee - Administration. <br />(1} The finance officer shall impose user fees on the basis of <br />the various classes of real property specified in section 3.755 of this <br />code and in accordance with the steps prescribed by section 3.143 of this <br />code. (5~he shall prepare and retain in the files of the department of <br />finance for public inspection, certificates of exemption issued in accord- <br />ance with section 3.155 of this code. The finance officer shall collect <br />all such fees by appropriate legal action in the name of the city. <br />(~3 The finance officer shall administer the user fee im osed <br />by section 3.743 of this code in a p <br />ccordance with rules and regulations <br />(she promulgates consistent with this code . The rut es and re ul ati ons <br />shall include such rovisions as g <br />p are necessary or expedient far eliciting <br />information needed to insure prompt and full payment of all fees revent- <br />=p <br />ordinance - 7 <br />
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