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Council hears city code citations about unpaid taxes, license compliance and enforcement authority
Summary
Revenue staff cited city code provisions that authorize the revenue administrator or inspector to require businesses without current licenses to cease operations; councilors questioned why padlocks and county enforcement occur while the city appears not to take similar physical action.
City revenue staff briefed the Montgomery City Council about a business-account that had not renewed its license and that had outstanding sales taxes, and staff cited city-code provisions that empower the revenue administrator and licensing inspector to enforce licensing rules.
A staff presenter referenced Chapter 16, Article 3, Section 16-82 and related sections, saying the account’s last tax filing was March 2023 and that the licensing inspector has authority to enter premises, write citations and “require any illegal business or one operating illegally to immediately cease operations in accordance with the city's administrative and or enforcement procedures.” The presenter also cited Section 16-86, which states that a business operating without a required license “shall be shut down and closed to the public by order of the revenue administrator.”
Council members asked why county authorities could padlock premises for unpaid obligations while the city appears not to exercise the same actions. The presenter and other staff said the city’s code provides administrative authority to order cessation of business operations and to place signage indicating a business is shut down; staff also noted limits tied to property access, lease rights and due-process protections and said further legal review may be required.
Bob Taylor was named as the licensing inspector authorized by the code; staff said enforcement can include notices, citations, court actions or administrative orders but that padlocking property can raise legal and due-process issues if the city does not control physical access to a leased or owned structure.
An ordinance granting a license to Mid State Signs LLC to install a monument sign on a church structure was listed on the agenda and discussed; the work-session record does not show a final vote on the sign license.
Councilors asked staff to continue working with legal counsel to clarify enforcement options for unpaid taxes and unlicensed businesses and to coordinate with county authorities where appropriate.
