Section 11-2706. Presumption and burden of proof  


Latest version.
  • For the purpose of the
      proper administration of this chapter and  to  prevent  evasion  of  the
      annual  vault  charge hereby imposed, it shall be presumed, except where
      the depth of a vault exceeds twelve feet, that the size of the vault  as
      indicated  upon  the  license  therefor originally issued by the borough
      president up to and including December  thirty-first,  nineteen  hundred
      sixty-two, and the commissioner of transportation thereafter is a proper
      measure  of the charge until the contrary is established, and the burden
      of proving that the size of the vault is not accurately stated upon  the
      license  shall be upon the person so claiming. In cases where no license
      of record has been issued for a vault or where  the  depth  of  a  vault
      exceeds  twelve feet, the burden of proving the actual size of the vault
      shall be upon the person liable for the vault charge.