§ 82-81. Authority to require deposit of security; sale of security.

(a)

The clerk, whenever he deems it necessary to ensure compliance with this article, may require any person subject thereto to deposit with him such security as the clerk may determine. The amount of the security shall be fixed by the clerk, but shall not be greater than twice the person's estimated average liability for the period for which he files returns, determined in such a manner as the clerk deems proper, or $10,000.00, whichever amount is the lesser.

(b)

The amount of the security may be increased by the clerk subject to the limitations provided in this section. The clerk may sell the security at public auction, with the approval of the mayor and council, if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who deposited the security personally or by mail. If served by mail, service shall be made in the manner prescribed for service of a notice of a deficiency determination and shall be addressed to the person at his address as it appears in the records of the clerk. Upon any sale, any surplus above the amount due shall be returned to the person who deposited the security.

(Code 1982, § 3-5-13(a))