§ 6-1.408. Collection of Tax; Property Held by Third Party.

(a)

If any person is delinquent in the payment of the amount required to be paid by said person, or in the event a determination has been made against any person which remains unpaid, the Tax Collector may, not later than six (6) years after the tax became delinquent give notice thereof to all persons in the City having in their possession or under their control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent. However, there shall be no limitation on the time in which such actions shall be commenced in cases of fraud, intent to evade tax, or failure to make a return. After receiving such notice, the persons so notified shall neither transfer nor make any other disposition of the credits, other personal property, or debts in their possession or under their control at the time they receive the notice until the Tax Collector consents to a transfer or disposition or until twenty (20) days elapse after the receipt of the notice. All persons so notified shall, within five (5) days after receipt of the notice, advise the Tax Collector of all such credits, other personal property, or debts in their possession, under their control, or owing by them. If persons so notified transfer such assets in violation of the provisions of this subsection, they shall become indebted to the Tax Collector for the value of the property transferred.

(b)

In any case, if any person is delinquent in the payment of the amount required to be paid by said person, or in the event a determination has been made against any person which remains unpaid, the Tax Collector may, not later than six (6) years after the tax became delinquent, file an action in Superior Court on behalf of the City to recover all of the tax, penalties, costs and other remedies whatsoever specified in this Code and in State law to which the City may be entitled as a consequence of the delinquency. However, there shall be no limitation on the time in which such actions shall be commenced in cases of fraud, intent to evade tax, or failure to make a return.

(Added by Ord. 3266-C.S., § 2, effective 9-26-02)