§ 150-118. Assessment, notice and hearing when collection in jeopardy.

(a)

If the director of the department of finance finds that a taxpayer designs quickly to depart from the city or to remove therefrom any property subject to any tax or to any lien for a tax, to discontinue business or to do any other act tending to prejudice or render wholly or partly ineffectual any proceedings that might be instituted to collect such tax whereby it shall have become important that such proceedings be instituted without delay, he may immediately make a determination from any available information or by estimate or otherwise of the amount of tax, penalty and interest such taxpayer is liable to pay under this Code.

(b)

Having made such determination, the director of the department of finance shall immediately assess such amount and, by a writing to be retained as part of his official records, indicate such assessment has been made and, without any notice, proceed to distrain, as is hereinafter provided, any property belonging to the taxpayer. This type of assessment may be made whenever a tax becomes due whether it is then payable or not.

(c)

As soon as is feasible after such assessment, and not later than two calendar days thereafter, the director of the department of finance shall send by registered mail a notice to the taxpayer against whom the assessment lies at the address given in the last report filed by such taxpayer or, if no such report has been filed, to any address that may be obtainable. Such notice shall inform the taxpayer of the assessment, its basis and jeopardous nature, make demand for immediate payment thereof and give notice that any property distrained or to be distrained will be subject to sale as provided in this chapter to satisfy the assessment. The taxpayer against whom the assessment lies can stay distraint of his property or sale of his property already distrained, as the case may be, only by the immediate payment of the assessment or by posting with the director of the department of finance a surety bond for twice the amount of such assessment or of a lower amount acceptable to the director with such sureties as the director deems necessary. The taxpayer shall have 60 calendar days from the date of payment or the date of posting bond to appeal to the tax review committee for a redetermination of the assessment. During this period, the director of the department of finance shall hold any payment made in an escrow account. If the taxpayer does not appeal, the director shall immediately credit such payment to the tax collections or proceed to collect from sureties if any were given. Upon an appeal, such payment or demand for payment sureties given shall be held in abeyance pending the redetermination or affirmation of the assessment by the tax review committee or the court which last reviews the matter. Final payment or collection from sureties will be for the amount of the affirmed or redetermined assessment.

(Code 1956, § 62-31)