Chapter 5 Finance and Taxation

Fiscal year; annual budget. The Village of Belleville fiscal year is the calendar year. The Village budget shall be adopted annually.

Preparation. The Village Administrator is responsible for preparation of the proposed budget required under Section 65.90, Wis. Stats.

Estimates of budget. Each elected officer and each appointed officer responsible for a department, office, committee, commission, agency, board, or other special government unit of the Village of Belleville shall file with the Village Administrator, by September 15th annually, the following for their department:

Prior years receipts, revenues, disbursements, and expenditures.

Current years’ receipts, revenues, disbursements, and expenditures.

Estimated receipts, revenues, disbursements, and expenditures for next year.

Elements of budget. Each budget prepared by the Village Administrator and approved by the Village Board shall include the following:

All existing indebtedness.

All anticipated revenue from all sources for the ensuing year.

All proposed appropriations for departments, committees, commissions, and boards, active or reserve accounts for next year.

All actual revenues and expenditures for the preceding year.

(e)

All actual revenue and expenditures for not less than six (6) months of the current year.

(f)

All estimated revenues and expenditures for the balance of the year.

(g)

All anticipated unexpended or unappropriated balances and surpluses.

(h)

Such other information may be required by the Village Board and state law.

Elements in budget summary. Each budget summary prepared by the Village Administrator and approved by the Village Board shall include the following:

All expenditures by major expenditure category for the proposed budget, the budget in effect and the budget of the preceding year.

All revenues by major revenue service for the proposed budget, the budget in effect and the budget of the preceding year.

Any financial source and use not identified in Section 5.02(5)(a) and (b) above.

All beginning and year end balances for the proposed budget, the budget in effect and the budget of the preceding year.

Copies of budget. The Village Clerk shall provide a reasonable number of copies of the budget thus prepared for distribution to citizens.

Hearing. The Village Board shall conduct the budget hearing required under Section 65.90, Wis. Stats.

§ 5.03 Tax roll preparation and tax collection.

Adoption. The Village Board shall adopt the Village budget by a 2/3 majority vote.

Content of tax roll. The Village Clerk shall prepare a tax roll as described in Section 70.65, Wis. Stats.

Property tax collection. All provisions of Ch. 74, Wis. Stats., in regards to property tax collection are adopted and by reference made a part of this article with the same force and effect as though set out in full.

§ 5.07 Monetary claims and accounts payable.

Refunds. A check will be issued to the taxpayer for the excess of the amount escrowed by a taxpayer and/or paid to the taxation district over the amount of taxes due within fifteen (15) business days after the amount is paid to the taxation district.

§ 5.04 Budget amendments.

The adopted budget shall not be changed after approval except upon a two-thirds (2/3) vote of the entire Village Board pursuant to Section 65.90(5), Wis. Stats.

§ 5.05 Appropriation of Village funds.

No money shall be drawn from the treasury of the Village, nor shall any obligation for the expenditure of money be incurred, except in pursuance of the annual appropriation in the adopted budget or when changed as authorized by Section 5.04 of this ordinance. At the close of each fiscal year any unencumbered balance of an appropriation shall revert to the general fund and shall be subject to re-appropriation; but appropriations may be made by the Village Board, to be paid out of the income of the current year, in furtherance of improvements or other objects or works which will not be completed within such year, and any such appropriation shall continue in force until the purpose for which it was made shall have been accomplished or abandoned.

§ 5.06 Public depository.

The Village Board shall designate one (1) or more public depositories for depositing funds of the Village. These public depositories shall be approved financial institutions as noted in Section 66.46, Wis. Stats. The Village Finance Director/Treasurer and the Treasurer’s surety are not liable for loss, as defined under Section 34.01(6), Wis. Stats., or money deposited in the name of the Village in a designated public depository. Interest accrued from Village money in a public depository shall be credited to the Village.

The Village of Belleville hereby elects to provide for an alternative system of approving monetary claims and undertaking a procedure for accounts payable pursuant to Section 66.0609, Wis. Stats., other than claims subject to Section 893.80, Wis. Stats.

The Village shall adopt a policy to encompass all accounts payable operations and shall review such policy on an annual basis, making amendments as necessary for the payment of all valid monetary claims against the Village in a timely and consistent manner.

The policy adopted under Section 5.07(2) of this ordinance shall ensure that all payments made from the Village Treasury shall be made after the Village Finance Director/Treasurer or their designee audits and approves each claim as a proper charge against the treasury and endorses his or her approval of the claim after having determined that all the following conditions have been complied with:

That funds are available for the claim pursuant to the budget approved by the Village Board.

That the item or service covered by the claim has been authorized by the proper department head, Board, or commission.

That the item or service has been supplied or rendered in conformity with the authorization described in Section 5.07(3)(b).

That the claim is just and valid pursuant to law. The Finance Director/Treasurer may require the submission of proof to support the claim as may be necessary.

The Finance Director/Treasurer or their designee shall submit a check register to the Village Board for their review monthly.

§ 5.08 Claims against the Village.

The Village Board shall develop and maintain a policy and plan, pursuant to Section 893.80, Wis. Stats., to manage and control any legal claims against the Village of Belleville, its officers, its employees, and its agents. Claims for money against the Village or against officers, officials, agents, employees, or the Village Administrator as provided under Section 893.80(1)(b), Wis. Stats. The Village Administrator shall immediately contact the Village President regarding the claims. The Village President shall arrange any appropriate and necessary meetings of the Village Board for actions pursuant to Section 893.80, Wis. Stats., to allow or disallow any claim. The Village President shall, at their discretion, contact the Village Attorney regarding the claim prior to the meeting of the Village Board.

§ 5.11 Statement of real property status.

The Village Board shall allow or disallow the claim. Notice of disallowance shall be made as provided under Section 893.80(1)(b), Wis. Stats.

§ 5.09 Investment of funds.

The Village Finance Director/Treasurer shall be authorized to invest funds of the Village not immediately needed in securities legal for that purpose in accordance with Sections 66.0603 and 219.05, Wis. Stats., and Village policy as may be enacted and amended by the Village Board from time to time.

§ 5.10 Accounts receivable.

Billings by the Village may be paid within thirty (30) days after billing without interest. Thereafter, interest may be charged at the rate of one and one-half percent (1.5%) per month or any fraction thereof, until the following fifteenth (15th) day of November. Bills not paid on or before the first (1st) day in November shall have added to the total amount due one and one-half percent (1.5%) of said charges and shall be entered on the tax roll as a special charge and becomes a lien upon real estate.

The Village Clerk and Village Finance Director/Treasurer or their designees are authorized to prepare a statement of real property status form to be used to provide information often requested for transfers of real property, such as the amount of outstanding special assessments, deferred assessments, changes in assessments, amount of taxes, contemplated improvements, floodplain status, violation of the building and health codes and similar information.

Any such information sought shall be provided to the person requesting it on said form. The Village Clerk or Village Finance Director/Treasurer, or their deputies, shall collect a fee, the amount of which is to be set by resolution of the Village Board and may be updated from time to time.

The Village Clerk or Village Finance Director/Treasurer, or their deputies, shall have a minimum of two (2) business days during the regular work week to satisfy such requests.

§ 5.12 Purchasing system.

Purchasing Agent. There is established the Office of Purchasing Agent of the Village of Belleville. The Purchasing Agent shall be the Village Administrator or their qualified designee.

Duties of Purchasing Agent. The Purchasing Agent shall, subject to the provisions of this ordinance, purchase or contract for all supplies, materials, equipment, and contractual services needed by all Village departments which derive their support from Village funds.

Requisitions and estimates. The heads of all departments shall file with the Purchasing Agent detailed estimates of their requirements for supplies, materials, equipment, and contractual services in such manner, at such times and for such periods as the Village Administrator or their designee may prescribe. The requirements for preparing estimates shall in no way prevent any department from filing with the Purchasing Agent at any time, a requisition for any supplies, materials, equipment or contractual services, the need for which was not foreseen when the detailed estimates were filed.

Open market orders. All purchases of supplies, materials, equipment, or contractual service must be approved by the Village Board, except where the estimated cost is less than three thousand dollars ($3,000). Open market purchases shall, wherever possible, be based on at least three competitive bids and shall be awarded on the basis of the bid most advantageous to the Village. The Purchasing Agent should solicit bids by mail, electronic means, and telephone or by publishing notice.

Village hall. The Purchasing Agent shall keep a record of all open market purchases and the bids submitted in competition thereon and such records shall be open to public inspection.

Encumbrance of funds. Except in cases of emergency, the Purchasing Agent shall not issue any order for delivery on a contract or any open market order, unless and until the Village Finance Director/Treasurer certifies that there is to the credit of each using agency a sufficient appropriation balance, in excess of all unpaid obligations, to defray the costs of such supplies, materials, equipment or contractual services.

Emergency purchases. In case of emergency, the Purchasing Agent may directly purchase any supplies, materials and equipment or cause to be repaired any Village asset costing less than twenty-five hundred dollars ($2,500) and, the head of any using agency may purchase directly any supplies, materials or equipment or cause to be repaired any Village asset costing less than five hundred dollars ($500), which procurement is essential to the continuance of the work of the department. The head of a department making such emergency purchase shall send to the Purchasing Agent a copy of the invoice, together with a full explanation of the circumstances of the emergency, which shall be filed by the Purchasing Agent as a permanent and public record of the purchase. The Purchasing Agent shall prescribe the rules and regulations under which emergency purchases may be made.

Inspection. The Purchasing Agent or their designee shall inspect or supervise the inspection of all deliveries of supplies, materials, equipment, or contractual services to determine their conformance with the specifications set forth in the order or contract. The Purchasing Agent shall have the authority to prescribe chemical or physical tests of samples submitted with bids and samples of deliveries to determine their quality and conformance with the Village's specifications. The cost of such tests shall be charged to the appropriation of the department in whose behalf the test is made.

(9)

Surplus stock.

All departments shall submit to the Purchasing Agent at such times and such form as they shall prescribe, reports showing stocks of supplies, materials, and equipment on hand awaiting use. When a surplus of stock exists the Purchasing Agent may transfer it to another or other agencies which have need of it. The Village Board may authorize the Purchasing Agent to sell all supplies, materials and equipment not needed for public use or that may have become unsuitable for public use. Any such sale shall be based on competitive bids and conducted in accordance with regulations as the Village Board shall prescribe.

The Purchasing Agent or designee shall supervise all storerooms and warehouses which may hereafter be established for the storage of surplus stock.

(10)

Rules and regulations. The Purchasing Agent shall prepare, and from time to time amend, all rules and regulations authorized by this ordinance and any other necessary to its operation. Such rules and regulations and amendments thereto shall be subject to the approval of the Village Board. The Purchasing Agent shall also submit from time-to-time recommendations for changes which the Purchasing Agent deems necessary.

§ 5.13 Public contracts.

Advertisement for bids. Except as provided in Section 5.13(4) and (5), the Village may not enter a public contract unless the Village Board, or a Village official or employee designated by the Village Board, advertises for proposals to perform the terms of the public contract by publishing a Class 2 notice under Chapter 985, Wis. Stats. The Village Board may provide additional means of advertising for bids. Pursuant to Section 5.13(1)(a) above, this advertising requirement does not apply to the purchase of equipment; it applies only to the purchase of material or supplies expected to cost more than Twenty-Five Thousand Dollars ($25,000.00) pursuant to Section 62.15, Wis. Stats.

Contracts to lowest responsible bidder. The Village Board shall let a public contract for which advertising for proposals is required under Section 5.13(1) to the lowest responsible bidder. Section 62.15, Wis. Stats., applies to public contracts let under this ordinance.

Contracts with governmental entities. This ordinance does not apply to public contracts entered by the Village with another municipal entity, as defined under Section 62.15, Wis. Stats. Municipality, for this ordinance is defined as the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, water utility district, mosquito control district, municipal electric company, county or city transit commission or regional planning commission.

Exceptions for emergencies. Section 62.15, Wis. Stats., and this ordinance are optional with respect to public contracts for the repair and construction of public facilities when damage or threatened damage to the facility creates an emergency, as declared by resolution of the Village Board that endangers the public health or welfare of the Village. This ordinance does not apply if the Village Board declares that the emergency no longer exists.

Application to work by Village. This ordinance does not apply to any public work performed directly by the Village.

§ 5.14 Special assessments.

The Village of Belleville, by resolution of its Village Board, may levy and collect special assessments upon property in a limited and determinable area for special benefits conferred upon such property by any municipal work or improvement and may provide for the payment of all or any part of the cost of the work or improvement. Such authority shall be either under the Village’s police powers or under a benefited property test.

The amount assessed against any property for any work or improvement which does not represent an exercise of the police power shall not exceed the value of the benefits accruing to the property there from, and for those representing an exercise of police power, the assessment shall be upon a reasonable basis as determined by the Village Board pursuant to Chapter 66, Subchapter VII, Wis. Stats.

Resolution and report required.

Prior to making any such special assessments, the Village Board shall declare by preliminary resolution its intention to exercise such powers for a stated municipal purpose. Such resolution shall describe generally the contemplated purpose, the limits of the proposed assessment district, the number of installments in which the special assessments may be paid or that the number of installments will be determined at the required hearing and direct the proper municipal officer or employee to make a report thereon. Such resolution may limit the proportion of the cost to be assessed.

The report required by Section 5.14(3)(a) shall consist of:

Preliminary or final plans and specifications.

An estimate of the entire cost of the proposed work or improvement.

An estimate as to each parcel of property affected of:

The assessment of benefits to be levied.

The damages to be awarded for property taken or damaged.

The net amount of such benefits over damages or the net amount of such damages over benefits.

A statement that the property against which the assessments are proposed is benefited, where the work or improvements constitute an exercise of the police power. In such a case, the estimate required under Section 5.14(3)(b)3 shall be replaced by a schedule of the proposed assessments.

A copy of the report, when completed, shall be filed with the Village Clerk for public inspection.

Costs paid by special assessment. The cost of any work or improvement to be paid in whole or in part by special assessment on property may include the direct and indirect cost thereof, the damages occasioned thereby, the interest on bonds or notes issued in anticipation of the collection of the assessments, a reasonable charge for the services of the administrative staff of the Village and the cost of any architectural, engineering and legal services, and any other item of direct or indirect cost which may reasonably be attributed to the proposed work or improvement shall be apportioned among the individual parcels in the manner designated by the Village Board.

Exemptions; deductions.

If any property deemed benefited shall, by reason of any provision of law, be exempt from assessment therefore, such assessment shall be computed and shall be paid by the Village.

A parcel of land against which has been levied a special assessment for the sanitary sewer or water main laid in one of the streets upon which it abuts shall be entitled to such deduction or exemption as the Village Board determines to be reasonable and just under the circumstances of each case, when a special assessment is levied for the sanitary sewer or water main laid in the other street upon which such corner lot abuts. Under any circumstance, the assessment will not be less than the long way of such lot. The Village Board may allow a similar deduction or exemption from special assessments levied for any other public improvement.

Notice of proposed or approved project. On the completion and filing of the report required in Section 5.14(3)(b) of this ordinance, the Village Clerk shall give notice stating the nature of the proposed or approved work or improvement, the general boundary lines of the proposed assessment district, the place and time at which the report may be inspected and the place and time at which all interested persons, their agents or attorneys may appear before the Village Board or Committee thereof and be heard concerning the matters contained in the preliminary resolution and report. Such notice shall be given either by publication or posted in not less than three (3) public places within the Village and a copy of said notice shall be mailed to each interested person whose address is known. The hearing shall commence not less than ten (10) days and not more than forty (40) days after the publication or posting of said notice.

Board actions after hearing.

After the hearing, the Village Board may approve, disapprove, modify, or re-refer the report to the designated officer or employee with such directions as it deems necessary to amend the plans and specifications to accomplish a fair and equitable assessment.

If an assessment is made against any property and an award of compensation or damage be made in favor of the property, the Village Board shall assess only the difference between such assessment of benefits and the award of compensation or damage.

If the work or improvement has not been previously authorized or approved, the Village Board shall approve the work or improvement and, by resolution, direct that the same be done and paid for in accordance with the report finally approved.

If the work or improvement has been approved by the Village Board or work commenced or completed prior to the filing of the report or prior to the hearing, then the Village Board shall, by resolution, confirm the report as made or modified and provide for payment in whole or in part by assessment.

(e)

The Village Clerk shall publish the final resolution as required in Section 5.14(6) of this ordinance.

(f)

After the publication of the final resolution, any work or improvement provided for and not yet authorized shall be deemed fully authorized and all awards of compensation or damage and all assessments made shall be deemed duly and properly made, subject to the right of appeal by Section 66.0703(12), Wis. Stats., or any other applicable provision of law.

Combined assessments. If more than a single improvement is undertaken, the Village Board may combine the assessments as a single assessment on each property affected except that the property owner may object to any one (1) or more of said improvements.

(9)

Board’s power to amend, cancel, or confirm special assessment. If, after completion or after the receipt of bids, the actual cost of any work or improvement is found to vary materially from the original estimate, or the assessment is void or invalid for any reason, or if the Village Board determines to reconsider an assessment, it is empowered, after giving notice as required in Section 5.14(4) to amend, cancel or confirm any prior assessment, and notice of this amending, canceling or confirming be given by the Village Clerk as provided in Section 5.14(5) of this ordinance.

(10)

Where the costs of improvements are less than assessment. If the cost of the work or improvement is less than the assessment levied, the Village Board, without notice or hearing, shall reduce each assessment proportionately. If the assessment has been paid either in part or in full, the Village shall refund the property owner such overpayment.

(11)

Appealed assessments payable when due. Pursuant to Section 66.0703(12)(F), Wis. Stats., it shall be a condition to the maintenance of any appeal that any assessment appealed shall be paid when due and payable and upon default in payment any such appeal shall be dismissed.

(12)

Special assessment a lien on property. Pursuant to Section 66.0703(13), Wis. Stats., any special assessment levied under this ordinance shall be a lien on the property against which it is levied on behalf of the Village or appropriate utility district. The Village Board shall provide for the collection of such assessments and may establish penalties for payment after the due date. The Village Board shall provide that all assessments not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property and all proceedings in relation to the collection of such delinquent taxes shall apply to such assessment, except as otherwise provided by statute.

(13)

Special charges permissible.

In addition to all other methods provided by law, special charges for current services may be imposed by the Village Board by allocating all or part of the cost of the property served pursuant to Section 66.0809, Wis. Stats. Such charges may include snow and ice removal, weed elimination, street sprinkling, oiling, or tarring, repair of sidewalks or curb and gutter, garbage and refuse disposal, sewer service and tree care removal. The provision for notice of such charges shall be optional with the Village Board except that, in the case of street, sidewalk, curb or gutter repair, twenty (20) days’ notice published or by posting such notice in three (3) places in the Village and a copy of such notice mailed to every interested person whose post office address is known, at least ten (10) days before the hearing or proceeding. Such notice shall specify that on a certain date a hearing will be held by the Village Board as to whether the service in question shall be performed.

Such special charges shall not be payable in installments. If not paid within the period fixed by the Village Board, such delinquent charge shall become a lien as provided in Section 5.14(12) of this ordinance.

(14)

Miscellaneous provisions.

If any assessment or charge levied under this ordinance is invalid because such statutes are found to be unconstitutional, the Village Board may thereafter reassess such assessment or charge pursuant to the provisions of any applicable law.

The Village Board may, without notice or hearing, levy and assess all or part of the cost of any work or improvement upon the property benefited if notice and hearing is waived in writing by property owners affected.

Notwithstanding any other provision of law or this or other ordinance or resolution, it is specifically intended and provided by this ordinance that the Village may levy special assessments for work or improvement against the property benefited either before or after the approval of the work plans and specifications, contracting for the work or completing the work or improvement.

§ 5.15 Financial audits.

A firm of certified public accountants shall be employed each year by the Village, subject to the confirmation of the Village Board, to conduct a detailed audit of the Village's financial transactions and its books and to assist the Village Finance Director/Treasurer in the management of the Village's financial affairs. These auditors shall be employed on a calendar-year basis. The books audited shall, in addition to the Village financial records of the office of the Village Finance Director/Treasurer, include the books of any other boards, commissions, officers or employees of the Village handling Village monies.

§ 5.17 Duplicate Treasurer’s bond eliminated.

The Village Board shall provide for financial audits under Section 66.0605, Wis. Stats.

§ 5.16 Liability for acts of agents.

No agent of the Village having authority to employ labor or to purchase materials, supplies or any other commodities may bind the Village or incur any indebtedness for which the Village may become liable without approval of the Village Board. Each such employment or purchase order shall be drawn against a specific appropriation, the money for which shall be available in the Village treasury and not subject to any prior labor claims or material purchase orders at the time when such employment is negotiated, or purchase order drawn. The Village Administrator shall keep a record of such employment and purchase orders and shall charge them against the proper appropriation.

Bond eliminated. The Village of Belleville elects not to give the bond on the Village Finance Director/Treasurer as provided for by Section 70.67(1), Wis. Stats.

§ 5.18 Facsimile and digital signatures.

Village liable for default of Treasurer. Pursuant to Section 70.67(2), Wis. Stats., the Village shall be obligated to pay, in case the Village Finance Director/Treasurer shall fail to do so, all state and county taxes required by law to be paid by such Finance Director/Treasurer to the County Treasurer.

In lieu of the personal signatures of the Village Administrator, Village Finance Director/Treasurer, Village Clerk and Village President, there may be affixed on order checks the facsimile or digital signatures of such persons adopted by them and approved by the Village Board, but the use of the facsimile or digital signature shall not relieve such official from any liability to which he/she is otherwise subject, including the unauthorized use thereof.

§ 5.19 Notice and publication fees.

Whenever an application to the Village for an action by the Village requires a public hearing on the application, the applicant shall be charged a fee to cover the costs of publishing a legal notice of such hearing and any other actual expenses/fees incurred by the Village in processing the application.

§ 5.20 Fee for returned checks.

A charge shall be prescribed in the Village Fee Schedule for processing checks made payable to the Village that are returned because of insufficient funds in the account in question.

The Party who presented the check shall remain liable for the payment of the amount for which the check was tendered and for any other fees incurred for the returned check or late charges that may have accumulated.

The Village officer to whom the check was tendered may provide any information or evidence to the Chief of Police if it is reasonably assumed that a crime has been committed.

§ 5.21 Chargeback for use of Village contracted staff.

Collection costs and attorney's fees shall be added to the principal amounts of unpaid bills owed to the Village that are placed with collection agencies.

The Village shall invoice the Responsible Party for work performed by Village Contracted Staff after such staff have invoiced the Village for work performed. These invoices will conform to Section 5.10 of this ordinance and shall include the actual costs billed to the Village for services rendered and may include late fees or administrative costs incurred by the Village.

Non-payment of these fees shall result in the penalties outlined in Section 5.10 of this ordinance, stoppage of any work associated with any permit or license obtained, revocation of any approval gained through a permit or license process, or the immediate suspension of work related to any pending approvals or processes for which the Responsible Party is involved.

§ 5.22 Room tax.

Imposition of room tax. Pursuant to Section 66.75, Wis. Stats., a tax is hereby imposed on the privilege and services of furnishing rooms or lodging to transients by hotelkeepers, motel operators and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for the use of the accommodations. Such tax shall be seven percent (7%). Such tax shall not be subject to the selective sales tax imposed by Section 77.52(2)(a)1, Wis. Stats.

Exemptions. The following room sales are exempt from this tax:

Sales to the federal government.

Sales to persons listed under Section 77.54(9a), Wis. Stats.

Exemption conditions. The following conditions must occur for a sale to be exempt from the room tax:

The lodging establishment must issue the billing or invoice for the lodging in the name of the exempt entity; and

The lodging establishment must receive from the exempt entity:

In the case of federal and Wisconsin state or local governmental units, a purchase order or similar written document (such as a letter of authorization); or

In the case of non-profit religious, charitable, scientific or educational organization, the organization's certificate of exempt status number.

The exemption still applies if the employee pays with his or her own funds, as long as the above conditions are met.

Collection of tax.

Administration by Village Finance Director/Treasurer. This tax shall be administered by the Village Finance Director/Treasurer who shall, at Village expense, provide the necessary application and reporting forms at no cost to the entity required to collect the room tax.

Reporting periods. The tax imposed for the months of January, February and March, and for each calendar quarter thereafter, is due and payable on the last day of the month next succeeding the calendar quarter for which imposed. A return shall be filed with the Village Finance Director/Treasurer, by those furnishing at retail such rooms and lodging, on or before the same date on which such tax is due and payable. Such returns shall show the gross receipts of the preceding calendar quarter from such retail furnishing of room or lodging, the amount of taxes imposed for such period, and such other information as the Village Finance Director/Treasurer deems necessary. Every person required to file such quarterly return shall, with his/her first return, elect to file an annual calendar year or fiscal year return. Such annual return shall be filed within ninety (90) days of the close of each such calendar or fiscal year. The annual return shall summarize the quarterly returns, reconcile and adjust for errors in the quarterly returns, and shall contain certain such additional information as the Village Finance Director/Treasurer requires. Such annual returns shall be made on forms as prescribed by the Village Finance Director/ Treasurer. All such returns shall be signed by the person required to file a return or duly authorized agent but need not be verified by oath. The Village Finance Director/Treasurer may, for good cause, extend the time for filing any return, but in no event longer than one (1) month from the filing date.

Sale or conveyance of business. If any person liable for any amount of tax under this Section sells out his/her business or stock of goods or quits the business, his/her successors or assigns shall withhold sufficient portion of the purchase price to cover such amount until the former owner produces a receipt from the Village Finance Director/Treasurer that it has been paid or a certificate stating that no amount is due. If a person subject to the tax imposed by this section does not withhold such amount of tax from the purchase price as required, he/she shall become personally liable for payment of the amount required to be withheld by him/her to the extent of the price of the accommodations valued in money.

Determination of tax by audit.

The Village Finance Director/Treasurer may, by office audit, determine the tax required to be paid to the Village or the refund due to any person under this Section. This determination may be made upon the basis of the facts contained in the return being audited or based on any other information within the Village Finance Director/Treasurer's possession that meets the criteria set forth in Section 66.0615(2) and (2m), Wis. Stats. One (1) or more such office audit determination may be made of the amount due for any-one (1) or for more than one (1) period.

The Village Finance Director/Treasurer may, by field audit, determine the tax required to be paid to the Village or the refund due to any person under this Section. The determination may be made upon the basis of the facts contained in the return being audited or upon any other information with the Village Finance Director/Treasurer's possession. The Village Finance Director/Treasurer is authorized to examine and inspect the books, records, memoranda, and property of any person to verify the tax liability of that person or of another person. Nothing herein shall prevent the Village Finance Director/Treasurer from making a determination of tax at any time.

Failure to file return. If any person fails to file a return as required by this Section, the Village Finance Director/Treasurer shall make an estimate of the amount of the gross receipts under Section 5.22(1) above. Such estimates shall be made for the period for which such person failed to make a return and shall be based upon any information which is in the Village Finance Director/Treasurer's possession or may come into the Finance Director/Treasurer's possession. Based on this estimate, the Village Finance Director/Treasurer shall compute and determine the amount required to be paid to the Village. One (1) or more such determinations may be made for one (1) or more than one (1) period.

Interest on unpaid taxes. All unpaid taxes under this ordinance shall bear interest at the rate of twelve percent (12%) per year from the due date of the return until the first day of the month following the month in which the tax is paid or deposited with the Village Finance Director/Treasurer. An extension of time within which to file a return granted by the Finance Director/Treasurer shall operate to extend the due date of the return for purposes of interest computations. If the Village Finance Director/Treasurer determines that any overpayment of tax has been made intentionally or by reason of carelessness or neglect, or if the tax which was overpaid was not accompanied by a complete return, he shall not allow any interest thereon.

Delinquent returns: late fees, penalty.

Delinquent tax returns shall be subject to a late filing fee of One Hundred Dollars ($100.00). The tax imposed by this Ordinance shall become delinquent if not paid:

In the case of a timely filed return, within thirty (30) days after the due date of the return, or within thirty (30) days after the expiration of an extension period, if one is granted.

In the case of no return filed or a return filed late, by the due date of the return.

Records to be maintained. Every person liable for tax imposed by this ordinance shall keep or cause to be kept such records, receipts, invoices and other pertinent papers in such form as the Village Finance Director/Treasurer and this ordinance shall require. Such records shall be retained and made available for a period of five (5) years from the date of a filing period.

Confidentiality maintained.

All tax returns, schedules, exhibits, writings, or audit reports relating to such returns on file with the Village Finance Director/Treasurer are deemed to be confidential, except the Village Finance Director/Treasurer may divulge their contents to the following and not others:

The person who filed the return.

Officers, agents or employees of the Federal Internal Revenue Service or the State Department of Revenue.

Officers, employees or agents of the Village Auditors.

Such other public officials of the Village of Belleville when deemed necessary.

No person having an administrative duty under this ordinance shall make known in any manner the business affairs, operations or information obtained by an investigation of records of any person on whom a tax is imposed by this ordinance or the amount or source of income, profits, losses, expenditures or any particulars thereof, set forth or disclosed in any return, or to permit any return or copy thereof to be seen or examined by any person, except as provided above.

(9)

Penalties.

Any person who is subject to the tax imposed by this ordinance or who fails or refuses to permit the inspection of his records by the Village Finance Director/Treasurer after such inspection has been duly required by such Finance Director/Treasurer, or who fails to file a return as provided in this ordinance, or who violates any other provision of this ordinance, shall be subject to a forfeiture pursuant to 1.08 of this code. Each day, or portion thereof, that such violation continues is hereby deemed to constitute a separate offense.