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2017-01-02
CITY-OF-BATESVILLE
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2017-01-02
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5/24/2017 8:41:03 PM
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(2) The Commission shall have all remedies and may take all proceedings for the collection <br /> of the tax which may be taken for the recovery of a judgment at law. <br /> (3) The writ shall be issued, served, and executed in the same manner as provided for in the <br /> issuance and service of executions rendered by the Circuit Courts of this state, except <br /> the Commission shall act in the place of the county sheriffs. <br /> (4) The Commission shall have this authority for all liens either presently filed or filed after <br /> the passage of this ordinance. <br /> C) (1) Nothing in this chapter shall preclude the Commission from resorting to any other <br /> means provided by law for collecting delinquent taxes. <br /> (2) The issuance of a certificate of indebtedness, entry by the Clerk and levy of execution <br /> as provided in this section shall not constitute an election of remedies with respect to <br /> the collection of the tax. <br /> (3) The taxes, fees, interest and penalties imposed or levied hereby may be collected in the <br /> same way as a personal debt of the taxpayer. <br /> (4) The Commission may sue to the same effect and extent as for the enforcement of a right <br /> of action for debt. <br /> (5) All provisional remedies available in these actions are available to the Commission in <br /> the enforcement of the payment of the A&P tax. <br /> D) (1) In addition to the remedies provided in subsections B and C of this section, the <br /> Commission may direct the Circuit Clerk to issue a writ of execution directed to the <br /> Sheriff of any county authorizing the Sheriff to levy upon and against all real and <br /> personal property of the taxpayer. The writ shall be issued, served and executed in the <br /> same manner as provided for in the issuance and service of executions rendered by the <br /> Circuit Courts of this state. <br /> (2) The Circuit Clerk and Sheriffs shall be entitled to receive the same fees provided by law <br /> in these matters. These fees shall be collected from the taxpayer by either the <br /> Commission or the Sheriff in addition to the tax, penalties, and interest included in the <br /> certificate of indebtedness. If the sheriff is unable, after diligent effort to collect the tax, <br /> interest, penalties, and costs, the Commission may pay such fees as are properly shown <br /> to be due to the Clerk and Sheriff. <br /> (3) The Commission may contract with persons inside or outside the state to help the <br /> Commission collect delinquencies of resident or non-resident taxpayers. <br /> SECTION 22: Injunction proceedings. <br /> When a return required hereunder has not been filed or does not furnish all the information <br /> required by the Commission or when the A&P taxes imposed by law have not been paid or when <br /> any required license or permit has not been secured, the Commission may institute any necessary <br /> action or proceeding in a court of competent jurisdiction in Independence County to enjoin the <br /> person or taxpayers from continuing operations until the report or return has been filed, required <br />
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