Ordinance 2000-65 STATE OF ILLINOIS )
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COUNTY OF KENDALL )
ORDINANCE NO. aZloCO 6N
AN ORDINANCE IN CONNECTION WITH RIGHTS AND
RESPONSIBILITIES RELATED TO LOCALLY IMPOSED AND
ADMINISTERED TAXES OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS
WHEREAS, the State of Illinois pursuant to the Local Government Taxpayers' Bill of
Rights Act, 50 ILCS 45/1 et.seq., has determined it reasonable and necessary to create the Local
Government Taxpayers' Bill of Rights Act; and
WHEREAS, the Local Government Taxpayers' Bill of Rights Act requires that a
municipality adopt tax processes and procedures to provide all necessary due process rights to a
taxpayer in the collection and enforcement of local tax laws; and
WHEREAS,the City Council ofthe United City ofYorkville,Yorkville,Illinois the"CITY"
has determined it reasonable and necessary to establish certain procedures in regard to locally
imposed and administered taxes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
UNITED CITY OF YORKVILLE, as follows:
SECTION ONE:Title.This ordinance shall be known as,and may be cited as,the"Locally
Imposed and Administered Tax Rights and Responsibility Ordinance."
SECTION TWO: Scope. The provisions of this ordinance shall apply to the CITY'S,
procedures in connection with all of the CITY'S locally imposed and administered taxes.
SECTION THREE: Definitions. Certain words or terms herein shall have the meaning
ascribed to them as follows:
"Act"means the "Local Government Taxpayers' Bill of Rights Act."
"Corporate Authorities"means the CITY'S Mayor and City Council.
"Locally imposed and administered tax" or"tax"means each tax imposed by the
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CITY'S that is collected or administered by the CITY not an agency or department of the State. It
does not include any taxes imposed upon real property under the Property Tax Code or fees collected
by the CITY other than infrastructure maintenance fees.
"Local tax administrator,"the CITY'S, "City Administrator"is charged
with the administration and collection of the locally imposed and administered taxes,including staff,
employees or agents to the extent they are authorized by the local tax administrator to act in the local
tax administrators stead.The local tax administrator shall have the authority to implement the terms
of this ordinance to give full effect to this ordinance. The exercise of such authority by the local tax
administrator shall not be inconsistent with this ordinance and the Act.
CITY means the United City of Yorkville,Kendall County, Illinois.
"Notice"means each audit notice,collection notice or other similar notice or communication
in connection with each of the CITY'S locally imposed and administered taxes.
"Tax Ordinance"means each ordinance adopted by the CITY that imposes any locally
imposed and administered tax.
"Taxpayer"means any person required to pay any locally imposed and administered tax and
generally includes the person upon whom the legal incidence of such tax is placed and with respect
to consumer taxes includes the business or entity required to collect and pay the locally imposed and
administered tax to the CITY.
SECTION FOUR: Notices.Unless otherwise provided,whenever notice is required to be
given, the notice is to be in writing mailed not less than seven (7) calendar days prior to the day
fixed for any applicable hearing, audit or other scheduled act of the local tax administrator. The
notice shall be sent by the local tax administrator as follows:
(I) First class or express mail, or overnight mail, addressed to the persons concerned
at the persons' last known address, or
(2)Personal service or delivery.
SECTION FIVE: Late payment.Any notice,payment,remittance or other filing required
to be made to the CITY pursuant to any tax ordinance shall be considered late unless it is (a)
physically received by the CITY on or before the due date, or(b) received in an envelope or other
container displaying a valid, readable U.S. Postmark dated on or before the due date,properly
addressed to the CITY, with adequate postage prepaid.
SECTION SIX: Payment. Any payment or remittance received for a tax period shall be
applied in the following order: (I) first to the tax due for the applicable period; (2) second to
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the interest due for the applicable period; and (3) third to the penalty for the applicable period.
SECTION SEVEN: Certain Credits and Refunds.
(a) The CITY shall not refund or credit any taxes voluntarily paid without written protest
at the time of payment in the event that a locally imposed and administered tax is declared invalidly
enacted or unconstitutional by a court of competent jurisdiction. However, a taxpayer shall not be
deemed to have paid the tax voluntarily if the taxpayer lacked knowledge of the facts upon which
to protest the taxes at the time of payment or if the taxpayer paid the taxes under duress.
(b) The statute of limitations on a claim for credit or refund shall be four(4) or less years
after the end of the calendar year in which payment in error was made. The CITY shall not grant a
credit or refund of locally imposed and administered taxes, interest, or penalties to a person who
has not paid the amounts directly to the CITY.
(c) The procedure for claiming a credit or refund of locally imposed and administered taxes,
interest or penalties paid in error shall be as follows:
(A) The taxpayer shall submit to the local tax administrator in writing a claim for credit or
refund together with a statement specifying:
(i) the name of the locally imposed and administered tax subject to the claim,
(ii) the tax period for the locally imposed and administered tax subject to the
claim;
(iii) the date of the tax payment subject to the claim and the cancelled check or
receipt for the payment,
(iv) the taxpayer's recalculation, accompanied by an amended or revised tax
return, in connection with the claim; and
(v) a request for either a refund or a credit in connection with the claim to he
applied to the amount of tax, interest and penalties overpaid, and, as
applicable, related interest on the amount overpaid; provided, however, that
there shall he no refund and only a credit given in the event the taxpayer
owes any monies to the CITY.
(B) Within ten (10) days of the receipt by the local tax administrator of any claim
for a refund or credit, the local tax administrator shall either:
(i) grant the claim; or
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(ii) deny the claim, in whole or in part, together with a statement as to the
reason for the denial or the partial grant and denial.
(C) In the event the local tax administrator grants, in whole or in part, a claim for
refund or credit,the amount of the grant for refund or credit shall bear interest at the rate of 5 percent
per annum, based on a year of 365 days and the number of days elapsed, from the date of the
overpayment to the date of mailing of a refund check or the grant of a credit.
SECTION EIGHT: Audit Procedure. Any request for proposed audit pursuant to any
local administered tax shall comply with the notice requirements of this ordinance.
(a) Each notice of audit shall contain the following information:
(i) the tax;
(ii) the time period of the audit; and
(iii) a brief description of the books and records to be made available for the
auditor.
(b) Any audit shall be conducted during normal business hours and if the date and time
selected by the local tax administrator is not agreeable to the taxpayer, another date and time may
be requested by the taxpayer within thirty(30)days after the originally designated audit and during
normal business hours.
(c) The taxpayer may request an extension of time to have an audit conducted. The audit
shall be conducted not less than seven(7) days nor more than thirty(30) days from the date the
notice is given,unless the taxpayer and the local tax administrator agreed to some other convenient
time. In the event taxpayer is unable to comply with the audit on the date in question, the taxpayer
may request another date within the thirty(30)days, approved in writing,that is convenient to the
taxpayer and the local lax administrator.
(d) Every taxpayer shall keep accurate books and records of the taxpayer's business or
activities, including original source documents and books of entry denoting the transactions which
had given rise or may have given rise to any tax liability, exemption or deduction. All books shall
be kept in the English language and shall he subject to and available for inspection by the CITY.
(e) It is the duty and responsibility of every taxpayer to make available its books and records
for inspection by the CITY. If the taxpayer or tax collector fails to provide the documents
necessary for audit within the time provided, the local tax administrator may issue a tax
determination and assessment based on the tax administrator's determination of the best estimate
of the taxpayer's tax liability.
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(f) If an audit determines there has been an overpayment of a locally imposed and
administered tax as a result of the audit,written notice of the amount of overpayment shall be given
to the taxpayer within thirty(30)days of the CITY'S determination of the amount of overpayment.
(g)In the event a tax payment was submitted to the incorrect local governmental entity,the
local tax administrator shall notify the local governmental entity imposing such tax.
SECTION NINE: Appeal.
(a) The local tax administrator shall send written notice to a taxpayer upon the local tax
administrator's issuance of a protestable notice of tax due,a bill,a claim denial, or a notice of claim
reduction regarding any tax. The notice shall include the following information
(i) the reason for the assessment;
(ii) the amount of the tax liability proposed;
(iii) the procedure for appealing the assessment; and
(iv) the obligations of the CITY during the audit, appeal, refund and collection
process.
(b)A taxpayer who receives written notice from the local tax administrator of a determination
of tax due or assessment may file with the local tax administrator a written protest and petition for
hearing,setting forth the basis of the taxpayers request for a hearing.The written protest and petition
for hearing must be filed with the local tax administrator within forty-five(45)days of receipt of the
written notice of the tax determination amid assessment.
(c) If a timely written notice and petition for hearing is filed, the local tax administrator shall
fix the time and place for hearing and shall give written notice to the taxpayer.The hearing shall be
scheduled for a date within fourteen (14) days of receipt of the written protest and petition for
hearing, unless the taxpayer requests a later date convenient to all parties.
(d) If a written protest and petition for hearing is not filed within the forty-five(45)day period,
the tax determination, audit or assessment shall become a final bill due and owing without further
notice.
(e) Upon the showing of reasonable cause by the taxpayer and the full payment of the contested
tax liability along with interest accrued as of the due date of the tax,the local tax administrator may
reopen or extend the time for filing a written protest and petition for hearing. In no event shall the
time for filing a written protest and petition for hearing be reopened or extended for more than ninety
(90) days after the expiration of the forty-five day period.
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SECTION TEN: Hearing.
(a) Whenever a taxpayer or a tax collector has filed a timely written protest and petition for
hearing under section nine,above,the local tax administrator shall conduct a hearing regarding any
appeal.
(b) No continuances shall be granted except in cases where a continuance is absolutely necessary
to protect the rights of the taxpayer.Lack ofpreparation shall not be grounds for a continuance.Any
continuance granted shall not exceed fourteen (14) days.
(c) At the hearing the local tax administrator shall preside and shall hear testimony and accept
any evidence relevant to the tax determination, audit or assessment. The strict rules of evidence
applicable to judicial proceedings shall not apply.
(d)At the conclusion of the hearing,the local tax administrator shall make a written determination
on the basis of the evidence presented at the hearing The taxpayer or tax collector shall
be provided with a copy of the written decision.
SECTION ELEVEN:Interest and Penalties. In the event a determination has been made
that a tax is due and owing,through audit,assessment or other bill sent,the tax must be paid within
the time frame otherwise indicated.
(a) Interest. The CITY hereby provides for the amount of interest to be assessed on a late
payment, underpayment, or nonpayment of the tax, to 5%per annum,based on a year of 365 days
and the number of days elapsed.
(b) Late filing and Payment Penalties. If a tax return is not filed within the time and
manner provided by the controlling tax ordinance, a late filing penalty, of 5%of the amount of tax
required to be shown as due on a return shall be imposed; and a late payment penalty of 5% of the
tax due shall be imposed. If no return is filed within the time or manner provided by the controlling
tax ordinance and prior to the CITY issuing a notice of tax delinquency or notice of tax liability,then
a failure to file penalty shall be assessed equal to not to exceed 25% of the total tax due for the
applicable reporting period for which the return was required to be filed. A late filing or payment
penalty shall not apply if a failure to file penalty is imposed by the controlling ordinance.
SECTION TWELVE: Abatement. The local tax administrator shall have the
authority to waive or abate any late filing penalty, late payment penalty or failure to file penalty if
the local tax administrator shall determine reasonable cause exits for delay or failure to make a filing.
SECTION THIRTEEN: Installment Contracts. The City may enter into an
installment contract with the taxpayer for the payment of taxes under the controlling tax ordinance.
The local tax administrator may not cancel any installment contract so entered unless the taxpayer
fails to pay any amount due and owing. Upon written notice by the local tax administrator that the
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payment is thirty(30) days delinquent, the taxpayer shall have fourteen(14)working days to cure
any delinquency. If the taxpayer fails to cure the delinquency within the fourteen (14) day period
or fails to demonstrate good faith in restructuring the installment contract with the local
administrator, the installment contract shall be canceled without further notice to the taxpayer.
SECTION FOURTEEN :Statute of Limitations. The CITY, through the local tax
administrator, shall review all tax returns in a prompt and timely manner and inform taxpayers of
any amounts due and owing. The taxpayer shall have forty-five (45) days after receiving notice of
the reviewed tax returns to make any request for refund or provide any tax still due and owing
(a) No determination of tax due and owing may be issued more than 4 years maximum after
the end of the calendar year for which the return for the applicable period was filed or for the
calendar year in which the return for the applicable period was due, whichever occurs later.
(b) If any tax return is not filed or if during any 4-year period for which a notice of tax
determination or assessment may be issued by the CITY, the tax paid was less than 75% of the tax
due, the statute of limitations shall be six (6) years maximum after the end of the calendar year in
which return for the applicable period was due or end of the calendar year in which the return for the
applicable period was filed.
(c) No statute of limitations shall apply if a fraudulent tax return was filed by the taxpayer.
SECTION FIFTEEN: Voluntary Disclosure.For any locally imposed and administered
tax for which a taxpayer has not received a written notice of an audit, investigation, or assessment
from the local tax administrator, a taxpayer is entitled to file an application with the local tax
administrator for a voluntary disclosure of the tax due. A taxpayer filing a voluntary disclosure
application must agree to pay the amount of tax due, along with interest of one percent (1%) per
month,for all periods prior to the tiling of the application but not more than four(4)years before the
date of filing the application. A taxpayer filing a valid voluntary disclosure application may not be
liable for any additional tax, interest, or penalty for any period before the date the application was
filed. However, if the taxpayer incorrectly determined and underpaid the amount of tax due, the
taxpayer is liable for the underpaid tax along with applicable interest on the underpaid tax, unless
the underpayment was the result of fraud on the part of the taxpayer, in which case the application
shall he deemed invalid and void. The payment of tax and interest must be made by no later than
ninety(90) days after the filing of the voluntary disclosure application or the date agreed to by the
local tax administrator. However, any additional amounts owed as a result of an underpayment of
tax and interest previously paid under this Section must be paid within ninety(90)days after a final
determination and the exhaustion of all appeals of the additional amount owed or the date agreed to
by the local tax administrator, whichever is longer.
SECTION SIXTEEN: Publication of Tax Ordinances. Any locally administered tax
ordinance shall be published via normal or standard publishing requirements. The posting of a tax
ordinance on the Internet shall satisfy the publication requirements.Copies of all tax ordinances shall
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be made available to the public upon request at the CITY Clerk's office.
SECTION SEVENTEEN: The local tax administrator shall establish an internal review
procedure regarding any liens filed against any taxpayers for unpaid taxes.Upon a determination by
the local tax administrator that the lien is valid, the lien shall remain in full force and effect. If the
lien is determined to be improper, the local tax administrator shall:
(i) timely remove the lien at the CITY'S expense;
(ii) correct the taxpayer's credit record; and
(iii) correct any public disclosure of the improperly imposed lien.
SECTION EIGHTEEN: Application: This ordinance shall be liberally construed and
administered to supplement all of the CITY'S tax ordinances. To the extent that any tax ordinance
is in conflict with or inconsistent with this ordinance, this ordinance shall be controlling.
SECTION NINETEEN: Severability. If any section, paragraph or provision of this
ordinance shall be held to be invalid or unenforceable for any reason,the invalidity or unenforceable
of such section, paragraph or provision shall not affect any of the remaining provisions of this
ordinance.
SECTION TWENTY: Effective Date. This Ordinance shall be in full force and effect,
after passage, approval and publication as required by law. p Upon motion by Jprt%o� . a,� ��.�� , seconded by dLdU1wtc„4 ,
adopted this M--th M--t day of , 20M by roll call vote, as follows:
PAUL JAMES ^nrn
RICHARD STICKA MIKE ANDERSON
VALERIE BURR . ROSE SPEARS
LARRY KOT A122,ru+ THOMAS SOWINSKI
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
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Day of � ) C , A.D. 20LD.
i
� � r
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this
Day of S c, �,Lx t , A.D. 20 0�
Attest:
CITY CLERK
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