A. A transient lodging tax collector who fails to remit the full amount of the tax imposed and due by this chapter prior to delinquency shall pay a late payment penalty of 10 percent of the amount of the portion of the tax that is unpaid as of the delinquency date, which penalty is owed in addition to the amount of the tax due.

B. If the transient lodging tax collector does not pay the delinquent amount of tax due and the 10 percent late payment penalty within 30 days following the delinquency date, the transient lodging tax collector shall pay a second late payment penalty of 15 percent of the portion of the tax that remains unpaid as of the date that is 30 days following the delinquency date, which penalty is owed in addition to the remaining unpaid amount of the tax and first late payment penalty.

C. If the tax administrator determines that the nonpayment is on account of fraud or intent to evade the provisions of this chapter or any rules or regulations adopted pursuant to this chapter, a penalty of 25 percent of the amount of the tax due shall be added thereto in addition to the penalties stated in subsections A and B of this section.

D. In addition to the penalties imposed, a transient lodging tax collector who fails to remit a tax imposed by this chapter shall pay interest at the rate of one percent per month or a fraction thereof without proration for portions of a month, on the amount of the tax due, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

E. Every penalty imposed and such interest as accrues under the provisions of this section shall be merged and become a part of the tax herein required to be paid.

F. Within 10 days of notice of the imposition of a late payment penalty, a transient lodging tax collector may petition the tax administrator for waiver or refund of any penalty or portion thereof. The tax administrator may, if a good and sufficient reason is shown that such failure is not due to willful neglect, waive or refund the penalty in full or in part.

G. The City may record a lien in the City’s lien docket against any real property owned by the transient lodging tax collector in the City as to any delinquent remittances by the transient lodging tax collector. [BC 7.18.075, added by Ordinance No. 4687, 6/21/16]