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76-099 Ordinance
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76-099 Ordinance
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1/15/2014 2:59:51 PM
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North Olmsted Legislation
Legislation Number
76-099
Legislation Date
9/7/1976
Year
1976
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CITY OF NORTH OLMSTF~D? <br />ORDINANCE N0. 76 ~~ <br />Page 4 <br />Unless the vendor or transient guest, to whom the <br />notice of_ assessment is directed, files within thirty days after <br />service thereof, either personally or be registered or certified <br />mail a petition in writing, verified under oath by the vendor, <br />transient guest or his authorized agent having knowledge of the <br />facts, setting forth with particularity the items of assessment <br />objected to, together with the reasons for objections, the assessment <br />shall become conclusive and the amount thereof_ shall be due and <br />payable, from the vendor or transient guest so assessed, to the <br />Director of Finance of the City of North Olmsted, Ohio. When a petition <br />for reassessment is filed, the Director of Finance shall assign a time <br />and place for the hearing of the petition and shall notify the petitioner <br />thereof by registered or certified mail, but the Director of Finance <br />may continue the hearings from time to time if necessary. <br />A penalty of fifteen percent shall be added to the amount <br />of every assessment made under this chapter. The Director of Finance <br />may adopt and promulgate rules and regulations providing for the remission <br />of penalties added to assessments made under this chapter. <br />When any vendor or transient guest _files a petition for <br />reassessment as provided in this chapter, the assessment made by the <br />Director of Finance together with penalties thereon, shall become due <br />and payable within three days after notice of the finding made at <br />the hearing has been served, either personally or by registered or <br />certified mail, upon the party assessed. <br />745.08 Four Year Limitation for Assessments; Exceptions <br />No assessment shall be made or issued against a vendor or <br />transient guest for any tax imposed by or pursuant to this chapter more <br />than four years after the return date for the period in which the lodging <br />was furnished or more than four years after the return f_or such period <br />is filed, whichever is later. This division does not bar an assessment: <br />(a) When the Director of Finance has substantial evidence <br />of amounts of taxes collected by a vendor from transient guest's <br />lodging which were not returned to the City; <br />required. <br />(b) When an assessed vendor failed to file a return as <br />745.09 Tax to be Paid by Transient Guest; False Evidence of Tax-Exempt <br />Status Prohibited <br />No transient guest shall refuse to pay the full and exact <br />tax as required by this chapter; no transient guest shall present false <br />evidence to the vendor indicating that the lodging as furnished is <br />not subject to the tax. <br />745.10 Vendor to Collect Tax; Rebate Prohibited <br />No vendor shall fail to collect the full and exact tax <br />as required by this chapter. No vendor shall refund, remit or rebate to <br />a transient guest, either directly or indirectly, any of the tax levied <br />pursuant to this chapter, or make in any form of advertising, verbal <br />or otherwise any statements which might imply that he is absorbing the <br />tax, or paying the tax for the transient guest by an adjustment of prices, <br />or furnishing lodging at a price including the tax, or rebating the tax <br />in any other m ainer. <br /> <br />
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