HomeMy WebLinkAbout2009-034THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2009-034
being a by-law to ratify the appeal of the assessment of
certain lands owned by Vermont Village Homes Ltd. to the
Assessment Review Board on behalf of the Municipality of
Clarington and to proceed with said appeal.
WHEREAS:
A. By By-law 2003-031, the Director of Finance/Treasurer was authorized on behalf
of the Corporation to appeal the assessment of values of properties located in the
Municipality of Clarington to the Assessment Review Board in cases in which in her
opinion it is appropriate to do so in order to protect the Municipality of Clarington's
interests.
B. By Resolution #GPA-679-07 passed on December 3, 2007 the Municipality of
Clarington Council's General Purpose and Administration Committee recommended
Report #CLD-042-07 entitled "Accountability and Transparency" to Council. The policy
included, as Attachment #2, Item #8, the delegation by By-law 2003-031 to the Director
of Finance of authority to appeal assessments to the Assessment Review Board on behalf
of the Municipality of Clazington. Resolution #C-666-07 passed on December 10, 2007
by the Municipality of Clazington Council approved Resolution #GPA-679-07.
C. Pursuant to the aforesaid delegated authority the Director of Finance/Treasurer
decided to appeal the assessment for the 2007 taxation year of certain lands owned by
Vermont Village Homes Ltd. to the Assessment Review Board on March 7, 2007. The
Notice of Appeal was executed by the Municipality's Tax Collector at the direction of the
Director ofFinance/Treasurer.
D. The Municipality of Clarington's Statement of Issues dated October 12, 2007 was
responded to by Vermont Villages Homes Ltd.'s tax consultant on April 15, 2008. In
paragraph 6 of his response to the Statement of Issues, the tax consultant required a copy
of the Municipality's By-law giving authority to the Tax Collector to file complaints with
the Assessment Review Board. On April 21, 2008, the Municipality provided the tax
consultant with a copy of By-law 2003-031 without any further response or complaint
concerning the validity of the Municipality's appeals.
E. By Certificate of Readiness dated December 11, 2008, the tax consultant to
Vermont Homes Ltd. requested that the Assessment Review Board schedule a heazing for
March 10, 2009. He advised the Boazd that
"There are no contemplated or outstanding motions including motions to amend
the Statement of Issues or of Response."
F. On February 27, 2009, the Municipality of Clarington was advised by the counsel
to Vermont Village Homes Ltd. that he intends to bring a motion to dismiss the
Municipality's appeal of the assessment as being a nullity under the law.
G. For the avoidance of doubt, and to reconfirm the authority granted to the Director
of Finance/Treasurer in 2003 and reconfirmed in 2007 the Council of the Corporation of
the Municipality of Clarington enacts the by-law as follows:
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NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS:
1. The Director of Finance/Treasurer's decision to appeal the following assessment
for the taxation year listed below to the Assessment Review Board by directing
the Tax Collector to file the Notice of Appeal in the matter and the appeal of the
assessment to the Assessment Review Board are hereby ratified and confirmed:
Roll Taxation
Number Year
Owner
18 17 020 060 07000 0000 2007
18 17 020 060 07700 0000 2007
18 17 020 060 07800 0000 2007
Vermont Village Homes Ltd.
Vermont Village Homes Ltd.
Vermont Village Homes Ltd.
By-Law read a first and second time this 2°d day of March 2009.
By-Law read a third and finally passed this 2"a day of March 2009.