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31-15 Municipal Income Tax
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31-15 Municipal Income Tax
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BOARD OF REVIEW <br />128.2501BOARD OF REVIEW ESTABLISHED. <br />(a) A Board of Review, consisting of five members who are electors of the City, <br />is hereby created. Three members shall be appointed by the Mayor, and two <br />members shall be appointed by Council. The members shall serve overlapping <br />terms of three years, with the first two members appointed for one year, one of <br />those members being appointed by Council and one by the Mayor; the second <br />two members appointed for two years, one of those members being appointed by <br />the Council and one by the Mayor; and the fifth member for three years, ap- <br />pointed by the Mayor. Each subsequent appointment shall be for a full three year <br />term. <br />(b) The Board shall select, each year for a one year tern, one of its members to <br />serve as Chairman and one to serve as Secretary. A majority of the members of <br />the Board shall constitute a quorum. The Board shall adopt its own procedural <br />rules and shall keep a record of its transactions. <br />(c) No member of the Board shall take part in any hearing or determination in <br />which he has a personal or financial interest. The members of the Board shall <br />receive no compensation, and may be removed for Cause by the Mayor. <br />(d) The provisions of Section 128.2309 with reference to the confidential char- <br />acter of information required to be disclosed by this chapter shall apply to such <br />matters as may be heard before the Board on appeal. (Ord. 71 -10. Passed 11 -1- <br />10.) <br />128.2502 DUTY TO APPROVE REGULATIONS AND TO HEAR APPEALS. <br />All rules and regulations and amendments or changes thereto which are adopted <br />by the Administrator under the authority conferred by this chapter, must be ap- <br />proved by the Board of Review before the same become effective. The Board <br />shall hear and pass on appeals from any ruling or decision of the Administrator, <br />and, at the request of the taxpayer or Administrator, is empowered to substitute <br />alternate methods of allocation. (Ord. 71 -10. Passed 11- 1 -10.) <br />128.2503 RIGHT OF APPEAL. <br />(a) Any person dissatisfied with any ruling or decision of the Administrator <br />which is made under the authority conferred by this chapter and the rules and <br />regulations, and who has filed the required returns or other documents pertaining <br />to the contested issue, may appeal therefrom to the Board of Review within thir- <br />ty days from the announcement of such ruling or decision by the Administrator. <br />The appeal shall be in writing and shall state why the decision should be deemed <br />incorrect or unlawful. The Board shall, on hearing, have jurisdiction to affirm, <br />reverse or modify any such ruling or decision, or any part thereof. The Board <br />must schedule a hearing within forty- five (45) calendar days of receiving the <br />appeal. The Board must issue a written decision within ninety (90) days after <br />the final hearing and send a notice of its decision by ordinary mail to the taxpay- <br />er within 15 days after issuing the decision. <br />(b) Any person dissatisfied with any ruling or decision of the Board of Review <br />may appeal therefrom to a court of competent jurisdiction within thirty (30) <br />days from the announcement of such ruling or decision. For matters relating to <br />tax years beginning on or after January 1, 2004, any ruling or decision of the <br />Board of Appeal may be appealed to a court of competent jurisdiction or to the <br />State Board of Tax Appeals. (Ord. 71 -10. Passed 11- 1 -10.) <br />OTHER PROVISIONS <br />128.2701 DECLARATION OF LEGISLATIVE INTENT. <br />If any sentence, clause, section or part of this chapter, or any tax against any in- <br />dividual or any of the several groups specified herein is found to be unconstim- <br />20 <br />
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