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2023-143 Ordinance
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2023-143 Ordinance
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12/21/2023 10:07:18 AM
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12/21/2023 9:19:53 AM
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North Olmsted Legislation
Legislation Number
2023-143
Legislation Date
12/19/2023
Year
2023
Legislation Title
Restated Municipal Tax Code Chapter 15
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Mayor of the City. This member may be an employee of the City, but may not be the director of finance or <br />equivalent officer, or the Tax Administrator or other similar official or an employee directly involved in <br />municipal tax matters, or any direct subordinate thereof. <br />(2) The term for members of the Board of Tax Review the City shall be two years. There is no limit on <br />the number of terms that a member may serve if the member is reappointed by the legislative authority. The <br />board member appointed by the Mayor of the City shall serve at the discretion of the administrative official. <br />(3) Members of the Board of Tax Review appointed by the legislative authority may be removed by the <br />legislative authority by majority vote for malfeasance, misfeasance, or nonfeasance in office. To remove <br />such a member, the legislative authority must give the member a copy of the charges against the member <br />and afford the member an opportunity to be publicly heard in person or by counsel in the member's own <br />defense upon not less than ten days' notice. The decision by the legislative authority on the charges is final <br />and not appealable. <br />(4) A member of the Board of Tax Review who, for any reason, ceases to meet the qualifications for <br />the position prescribed by this section shall resign immediately by operation of law. <br />(5) A vacancy in an unexpired term shall be filled in the same manner as the original appointment within <br />60 days of when the vacancy was created. Any member appointed to fill a vacancy occurring prior to the <br />expiration of the term for which the member's predecessor was appointed shall hold office for the remainder <br />of such term. No vacancy on the Board of Tax Review shall impair the power and authority of the remaining <br />members to exercise all the powers of the Board of Tax Review. <br />(6) If a member is temporarily unable to serve on the Board of Tax Review due to a conflict of interest, <br />illness, absence, or similar reason, the legislative authority or top administrative official that appointed the <br />member shall appoint another individual to temporarily serve on the Board of Tax Review in the member's <br />place. The appointment of such an individual shall be subject to the same requirements and limitations as <br />are applicable to the appointment of the member temporarily unable to serve. <br />(B) Whenever a Tax Administrator issues an assessment, the Tax Administrator shall notify the taxpayer <br />in writing at the same time of the taxpayer's right to appeal the assessment, the manner in which the taxpayer <br />may appeal the assessment, and the address to which the appeal should be directed. <br />(C) Any person who has been issued an assessment may appeal the assessment to the Board of Tax Review <br />by filing a request with the Board of Tax Review. The request shall be in writing, shall specify the reason <br />or reasons why the assessment should be deemed incorrect or unlawful, and shall be filed within 60 days <br />after the taxpayer receives the assessment. <br />(D) The Board of Tax Review shall schedule a hearing to be held within 60 days after receiving an appeal <br />of an assessment under division (C) of this section, unless the taxpayer requests additional time to prepare <br />or waives a hearing. If the taxpayer does not waive the hearing, the taxpayer may appear before the Board <br />of Tax Review and may be represented by an attorney at law, certified public accountant, or other <br />representative. The Board of Tax Review may allow a hearing to be continued as jointly agreed to by the <br />parties. In such a case, the hearing most be completed within 120 days after the first day of the hearing <br />unless the parties agree otherwise. <br />(E) The Board of Tax Review may affirm, reverse, or modify the Tax Administrator's assessment or any <br />part of that assessment. The Board of Tax Review shall issue a final determination on the appeal within 90 <br />days after the Board of Tax Review's final hearing on the appeal, and send a copy of its final determination <br />48 <br />
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