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Title: 3 - Revenue and Finance

Chapter: 08 - Transient Occupancy Tax

Section: 130 - Actions to collect

  1. Any tax required to be paid by any transient under the provisions of this chapter is a debt owed by the transient to the county. Any such tax collected by an operator, which has not been paid to the county is a debt owed by the operator to the county. Any person owing money to the county under the provisions of this chapter shall be liable to an action brought in the name of the county of Del Norte for the recovery of such amount.
  2. The County shall be entitled to recover from anyone found liable for the debt, any costs, including attorney ' s fees, personnel costs, or other expenses incurred by the County because of the failure to timely remit tax proceeds to the County.
  3. The Tax Collector is authorized to record a Certificate of Delinquency of Transient Occupancy Tax ("Lien") with the Del Norte County Recorder against any operator who fails to remit taxes, penalties or interest due under this article within the times required herein.  The Certificate of Delinquency of Transient Occupancy Tax may be filed by the tax collector:

 

  1. Ten (10) days after the serving or mailing of the notice required by Section 3.08.090, if the Operator does not file the application permitted to be filed by Section 3.08.090.
  2. If the Operator files the application permitted to be filed by Section 3.08.090 ten (10) days after the tax collector ' s determination of the amount of tax to be remitted pursuant to Section 3.08.090, unless the operator files an appeal pursuant to Section 3.08.100.
  3. If the Operator files an appeal pursuant to Section 3.08.100, ten (10) days after service of the County Hearing Officer ' s findings pursuant to Section 3.08.100.

 

    D.  The Certificate of Delinquency of Transient Occupancy Tax shall be filed within three (3) years after the tax becomes due.  The Certificate of Delinquency of Transient Occupancy Tax shall specify the amount of tax and penalties due in addition to the statement of interest to date of payment, the name and last known address of the operator liable for the same, and a statement that the tax collector has complied with all provisions of this article with respect to the computation and levy of the tax owed by the operator.  From the time of the recording of the Certificate of Delinquency of Transient Occupancy Tax, the amount required to be paid, together with penalties, onstitutes a lien upon all real property in the county owned by the operator or thereafter acquired before the lien expires.  The Lien has the force, effect and priority of a judgment lien and shall continue for ten (10) years from the filing of the Certificate of Delinquency of Transient Occupancy Tax (or within ten (10) years of the date the last extension of the lien),the tax collector may extend the lien by filing for a record a new certificate in the office of the Del Norte County recorder, and from the time of filing the lien under the original Certificate of delinquency of Transient Occupancy Tax shall be extended for an additional ten (10) years, unless sooner released or otherwise discharged.  The Lien shall not be removed until the delinquent taxes, penalties and interest for delinquency, and costs of collection are fully paid or the property is sold for payment of the delinquent taxes, penalties for delinquency, and costs of collection.

      E. At any time three (3) years after the recording of a Certificate of Delinquency of Transient Occupancy Tax under the subsection above, the tax collector may issue a warrant directed to any sheriff or marshal for the enforcement of the lien and the collection of any tax and penalties required to be paid the county under this article.  The warrant shall have the same effect as a writ of execution, and be executed in the same manner and with the same effect as a levy and sale pursuant to a writ of execution.  The tax collector may pay or advance to the sheriff or marshal such fees, commission, and expenses for services as are provided by law for similar services pursuant to a writ of execution.

       F. In lieu of issuing a warrant under subsection (E), at any time within the three (3) years after a Certificate of Delinquency of Transient Occupancy Tax was recorded under subsection ©, the tax collector may collect the delinquent amount by seizing, or causing to be seized, any property, real or personal, of the operator and sell any non-cash or non-negotiable property, real or personal, of the operator and sell any non-cash or non-negotiable property, or a sufficient part of it, at public auction to pay the amount of tax due, together with any penalties, interest, and any cost incurred on account of the seizure and sale. Any seizure made to collect taxes due shall only be a property of the operator not exempt from execution under the provisions of the Code of Civil Procedure.

 

(Ord. 08-11 § 2008., (Ord. 65-5 § 13, 1965.)