§ 6-1.411. Jeopardy Determinations; When Due and Payable; Stay of Collection; Petition for Redetermination; Time of Hearing.

(a)

A jeopardy determination of tax, interest or penalty is immediately due and payable upon the service of the notice of jeopardy determination to the taxpayer or other person determined to be liable therefor. A lien for the amount due in the notice of jeopardy determination may be recorded immediately, and judicial proceedings for collection may be commenced at once.

(b)

The collection of the whole or any amount of a jeopardy determination may be stayed by filing with the Tax Collector: (1) a bond or acceptable letter of credit in an amount equal to the amount (together with interest thereon to the date of payment) as to which the stay is desired, conditioned upon the payment of the amount, the collection of which is stayed by the bond, upon notice and demand by the Tax Collector after a final determination is reached on the appeal, or (2) other security in such amount as the Tax Collector may deem necessary, not exceeding triple the amount (together with interest thereon to the date of payment) as to which the stay is desired. Any stay pursuant to this subsection shall be effective only against the person on whose behalf the bond or other security is provided.

(c)

Upon filing of the bond or other security, the collection of so much of the jeopardy determination amount as is covered by the bond or other security shall be stayed pending the exercise by the taxpayer or other person determined to be liable for the tax of his or her appeal rights. The person on whose behalf the bond or other security is submitted, shall have the right to waive such stay at any time in respect of the whole or any part of the amount covered by the bond or other security, and if as a result of such waiver any part of the amount covered by the bond or other security is paid, then the bond or other security shall, at the request of said person, be proportionately reduced. If any portion of the jeopardy determination is abated, the bond or other security shall be proportionately reduced, at the request of the person on whose behalf the bond or other security was provided.

(d)

Where collection of the whole or any amount of a jeopardy determination has been stayed under this section, the period of limitation on any action to collect from the person on whose behalf the bond or other security has been provided shall be tolled during the period of such stay.

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