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2.2024 Penalties. <br />(1) <br />A penalty shall be assessed if a person: <br />(a) Fails to file a tax return or extension request by the time required <br />under subsection 2.2016(1) of this code; or <br />(b) Fails to pay at least 90% of the tax by the time by the time <br />required under subsection 2.2016(1) of this code; or <br />(c) Fails to file or pay payroll taxes withheld at the time required as <br />established by the city manager pursuant to section 2.019 ofthis <br />code. <br />(2) <br />The penalty under subsection (1) of this section shall be calculated as: <br />(a) 5% of the balance of the tax paid after the original due date if the <br />failure is for a period less than or equal to 3 months. <br />(b) An additional 20% of the balance of the tax paid after the original <br />due date if the failure is for a period greater than 3 months. <br />(3) <br />Notwithstanding section 2.582 of this code, the city manager may waive <br />or reduce any penalty for good cause. The city manager may look to <br />ORS 305.145 and OAR 150 - 305.145 for guidance in the waiver of <br />penalty. <br />2.2026 Appeal <br />Rights. <br />(1) <br />Any determination of the city manager 'or finance officer may be <br />protested by the taxpayer. Written notice of the protest must be <br />received -by the city manager within 30 days 'after the of <br />determination was mailed or delivered to the' taxpayer. The -protest <br />shall state the name and address of the taxpayer and an explanation of <br />the grounds for the protest. <br />(2) <br />The city manager shall .respond within 30 days after the protest is , filed - <br />with the city manager 'with either a revised determination or a final <br />determination. The city manager's determination shall include the <br />reasons for the determination and state the time and mariner for <br />appealing the determination. <br />(3) <br />The time to file - a protest or the time for the city manager's response <br />may be extended by the city manager for good cause. Requests for <br />extensions of time must be received prior to the expiration of the <br />original 30 day protest deadline. Written notice shall be given to the <br />taxpayer if the city manager's deadline is extended. <br />(4) <br />Any final determination by the city manager may be appealed by. the <br />taxpayer pursuant to the procedures of section 2.021 of this code. <br />2.2025 Settlement offers and Agreements. Notwithstanding section 2.582 ; .of this <br />code, the ''city manager may, upon good and sufficient cause, make <br />settlement agreements with taxpayers in the recomputation of taxes payable <br />or in the collection thereof. Such agreements shall be consistent with ORS <br />305.150 and 305.1.55 and corresponding Oregon Administrative Rules. <br />Applications for settlement offers will be provided by the finance officer to <br />taxpayers proposing settlement offers. <br />Ordinance - Page 5 of 7 <br />