Title 5 BUSINESS LICENSES AND REGULATIONS
Chapter 5.04 BUSINESS AND OCCUPATION LICENSES
5.04.080 Notice of objection.
A. Any person who deems himself or herself to be aggrieved by
the classification or imposition of the tax under the terms of Sections 5.04.010
to 5.04.060 shall have the right, within ten (10) days after notice of his or
her classification and the amount of his or her taxes, to file a notice of
objection to such classification or tax with the recorder. Such notice of
objection must be in writing, signed by the person so objecting. Upon the filing
of an objection with the recorder, the recorder shall notify the mayor, and the
mayor shall appoint a board of appeal to hear such objection. The board of
appeal shall consist of three members of the council and three persons subject
to tax under the terms of Sections 5.04.010 to 5.04.060, two of whom must be
residents of the city. Within thirty (30) days after filing of such objection,
the board of appeals shall meet and hear the objections so presented. The same
board of appeal may be appointed by the mayor to hear several appeals if the
mayor deems such a procedure to be expedient. Several hearings may be set for
the same session of the board of appeal.
B. After the hearing on any objection, the board may
forthwith render its decision pursuant to the powers hereinafter set forth and
notify the objecting party and note the same in the minutes of the board. The
board may, at its option, take such objection under advisement for a period to
not exceed ten (10) days and shall, under such circumstances, mail to the
objecting party notice of its decision at such address as may be designated by
the objecting party, such mailing to be within ten (10) days following the
hearing. Failure of the board to act upon any objection within ten (10) days
following the hearing shall be deemed to be an automatic allowance of the
objection made.
C. The board shall choose one of its members to act as
secretary and one of its members to act as chairperson, and shall conduct its
proceedings in an orderly manner and make such rules as may be necessary for the
conduct or the proceedings. Upon the completion and decision of all matters
pending before any board of appeal appointed at any time, the board shall be
automatically dissolved.
D. The board of appeal, in rendering its decision with regard
to any such objection, may change the classification of objecting individuals or
firms to such classification as the board may deem proper. The board of appeal
may reduce the amount of tax assessed against any individual or firm when it
appears to the board that the business is only a part-time business or there is
other compelling reason why the full amount of tax as specified in this code
would be unreasonable, inequitable or unjust. A decision by the board
disallowing the objection shall be deemed to be a decision that the
classification and amount of tax are both reasonable, equitable and just.
Decisions of the board as to all matters of objections brought before it shall
be final, and no facts examined and found by the board shall be reexamined and
found by the council or any other governmental unit or body. (Prior code §
8.035)
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