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HomeMy WebLinkAboutTR-78-84 z, Q CORPORATION OF THE TOWN OF NEWCASTLE TREASURY DEPARTMENT K. CAMPBELL, C.A.,TREASURER 40 TEMPERANCE STREET TEL.(416) 623°3379 BOWMANVILLE, ONTARIO LiC 3A6 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 17, 1984 REPORT NO. : TR-78-84 SUBJECT: REQUEST FOR A REDUCTION IN PROPERTY ASSESSMENT AND REFUND OF TAXES MRS. DOROTHY STARK RECOMMENDATION: It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: 1. That this report be received, and 2. That Mrs. Dorothy Stark's request for prior year's reassessment be denied as this is a Provincial matter. 3. That a copy of this report be forwarded to Mrs. Stark to explain the position. BACKGROUND & COMMENT: On July 13, 1984, a letter was received from Mrs. Stark addressed to the Mayor amd members of Council, the contents of which letter are self-explanatory and is attached for your review. TR-78-84 2 - Investigation of the assessment roll shows that the subject property is located in concession 5 being part of lot 8, now registered plan 1O11829, Part 1 and consists of a one acre parcel, with 165' frontage formerly situated in the Township of Clarke now the Town of Newcastle. The following information has been extracted from previous assessment rolls and shows both the assessed and market values of the property from 1979 to 1984 inclusive. CODE ASSESSMENT YEAR MARKET VALUE F.L. $14 1984 $400 R.P. $1000 1983 $20,000 R.P. $1000 1982 $20,000 V.L. $1000 1981 $20,000 R.P. $1000 1980 $20,000 R.P. $1000 1979 $20,000 From the above, it can be seen that these values have remained constant from 1979 to 1983 inclusive. In 1984 the property classification was changed by the assessment office from residential public to farmland which has resulted in the assessed value being reduced to $14.00 and the market value to $400.00. Also, it is to be noted that an appeal was launched against the assessment of $1000 in 1980 and that the appeal was denied. TR-78-84 - 3 - The property owner believes that this reassessment should also apply to prior years and is therefore requesting members of Council to reduce her property assessment under Section 496 of the Municipal Act, presumably under sub-section Of) which reads as follows: (1)" an application to the council for the cancellation, reduction or refund of taxes levied in the year in respect of which the application is made may be made by any person, (f) who is overcharged by reason of any gross or manifest error that is a clerical error, the transposition of figures, a typographical error or similar type of error, but not an error in judgement in making the assessment upon which the taxes have been levied." Copy of Section 496 is attached. In view of the above, it is the opinion of staff that an appeal cannot be considered since an error in judgement in making the assessment is a Provincial matter and only the Province has the authority to hear appeals in reference to assessments. Respectfully submitted, John R. Blanchard, Deputy-Treasurer. *gf attachment 4 Q ( f ) (J ) MUNICIPAL Chap. 302 363 11ISC E_LLANE10US Where the treasurCr ascertains that. CCrt,).ln Uneollectable taxes are• unrbl)ectablc, he sliall recommend to the council .hat such outstarid-in g taxes be struck off the roll, and the ouncil maNI direct tf�,i�easurer to strike such taxes off the ,0H. \ the trea�rurer III Taxes (2) Notwithstanding Srll)seCtlon� (1), uncoll(tctable strike from the roll taxes that by reason of'a-decision under section I)y reason of court 496, or of a decision of a judge of any- court -are uncollect_ decision able. R.S.O. 1980, c. 302, s. 495. 49(i.—(1) An application to the council for the can- Cancellations, reductions, collation, reduction or refund of taxes levied in the y ear in re funds,etc., respect of which the application is made may be made by any person, (a) in respect of real property liable to taxation at the rate levied on commercial assessment as defined in the Ontario Unconditional Grants Act that has ceased to R.S.O. 1980, be real property that would be liable to be taxed at such c 359 rate; or (b) in respect of real property that has become exempt from taxation during the year or during the preceding year after the return of the assessment roll ; or (c) in respect of a building that during the year or during the preceding year after the return of the assessment roll, (i) was razed by fire, demolition or otherwise, or (ii) was damaged by fire, demolition or otherwise so as to render it substantially unusable for the purposes for which it was used immediately prior to the damage; or (d) in respect of a mobile unit that was removed from the municipality during the year or during the preceding year after the return of the assessment roll; or (e) who is unable to pay taxes because of sickness or extreme poverty; or (f) who is overcharged by reason of any gross or manifest error that is a clerical error, the trans- position of figures, a typographical error or similar A'At, sec. 496 (1) (f) t}•pe of error, but not an error in judgment 3Cd� making the assessment upon which the gment ir� P taxes have been levied; or (g) liable for business tax who has not carried on fl business for the whole year, except where the business was intended to be or was capable of bein g carried on during a part of the year only, not carried on for a period of less than three months during the year by reason of repairs to or renovations of the premises in which the business was carried Oil. By-law to (2) 'file council may, by by-law passed on or before the provide for + exercise by 31st day of December in an year, provide that the Assess- Assessment Review Court ment Review Court shall exercise the functions of the of counc il council under subsections (7), (12) and (22) and any such by-law of council shall apply to applications made in and after the year in which such by-law is passed and shall continue so to apply until repealed. Certified (3) The clerk of the municipality shall forthwith for- copies of by-law to ward certified copies of any by-law passed under sub- regional registrar and section (2) and of anc by-law passed repealing an such assessment y commis- by-law to the regional registrar of the Assessment Review Court sinner and to the assessment commissioner. Time m kingr (4) The application may be made at any time during application the year in respect of which the application is made and until the 28th day of February in the following year and notice in writing of the application shall be given to the clerk of the municipality who shall, if the municipality has passed a by-law under subsection (2), forthwith forward such notice to the regional registrar of the Assessment Review Court and the regional registrar shall in turn forth- with forward a copy of such notice to the assessment com- missioner. Notice of (3) Notice hearing of any hearing by the council under this section shall be given by mail by the clerk of the municipality to the applicant not less than fourteen clays before the date upon which the application is to be dealt with by the council. ; by clerk (6) Where anv• person who is entitled to apply for the cancellation, reduction or refund of tries under clause(1)(f)or(g) fails to apply, the clerk Of the municipality may apply in his stead and the pro\•isioils Of this section apply with I' modifica- tiOilS to Such application. Sec'. -196 (11) MUNICIPAL Chap. 302 365 (7) Where the council has not passed a by-law under Powers of subsection (2), the council, subject to such restrictions and council limitations as are contained in this section, may reject the application or, (a) where the taxes have not been paid, cancel the whole of the taxes or reduce the taxes; or (b) where the taxes have been paid in full, order a refund of the whole of the taxes or any part thereof; or (c) where the taxes have been paid in part, order a refund of the whole of the taxes paid or any part E thereof and reduce or cancel the portion of the taxes I unpaid. (8) Where a council or the Assessment Review Court has made Restoration of taxes a decision in any year under subsection (7) to cancel, refund or to tai; roll reduce taxes for that year in respect of a building mentioned in clause (1) (c) and where subsequently the council or the :assessment Review Court, as the case may be, is satisfied that the building has been reconstructed or repaired and has been returned to use prior to the end of that year, the council or the Assessment Review Court, as the case may be, may direct that such portion as it considers appropriate of the tax reduction or of the taxes that were cancelled or refunded be restored to the collector's roll as taxes owing for that year and such a direction may be made at any time up to the 28th day of February of the immediately following rear. (9) No direction shall be made under subsection (8) in respect Ri'ditnt" Of taxes on any building without first affording an opportunity to be heard to any person who, according to the collector's roll, would be chargeable for the taxes if a portion thereof were restored to the collector's roll. (10) The provisions of this section respecting an appeal of a .'.i'i)eal.s decision made under subsection (7) apply with necessary modifi- cations to a direction made under subsection (8). (11) Taxes restored to a collector's roll for any year pursuant to Pa"n,ent a direction made under subsection (8) shall, upon notice to the Person chargeable therewith, become payable as part of the next installment of taxes payable by that person in that year following y the giving of a notice or demand therefor and where no installment remains payable in the year following the giving of the notice or demand or where the notice or demand is given in the next following year, the taxes mentioned in the notice shall become due and payable or in arrears, as the case may be, on the fifteenth day 1 1 600 Chap. 302 MUNICIPAL Sec. 496 (11) J. 30 following the giving of the notice or demand, and where the notice or demand was given in the next following year interest added under section 412 shall accrue from the date that the taxes became 'r due and payable, or in arrears, and not from the 31st day of December of the year in which the taxes were levied. Hearing and (12) Subject to subsection (13), the council shall hear and disposition dispose of every application not later than the 30th day of April in s the year following the year in respect of which the application is made and the clerk of the municipality shall thereupon cause notice of the decision in such application to be given by mail to the persons to whom notice of the hearing of such application was given and such notice shall state thereon that such decision may be appealed to the Assessment Review Court within fourteen days of the mailing of such notice. Idem (13) Where the council has passed a by-law under sub- section (2), the Assessment Review Court shall hear and dispose of every application not later than the 30th day of April in S the year following the year in respect of which the application is made. Appeals (14) An appeal may be had to the Assessment Review Court by the applicant from the decision of the council or where the council has omitted, neglected or refused to hear or dispose of an application under this section, and such appeal shall be a hearing de novo. Notice of (15) The person appealing shall personally or by his appeal agent send a written notice of appeal to the regional registrar of the Assessment Review Court, within fourteen days after notice of the decision of the council has been given by the r clerk of the municipality under subsection(12), or, within fourteen days after the 30th day of April, where the council has omitted, neglected or refused to deal with an application under this sec- tion. Notice of (16) Notice of any hearing by the Assessment Review 1 hearing by Assessment Court under this section shall be given by mail by the courtw regional registrar of the Assessment Review Court to the ' clerk of the municipality and to the applicant not less than fourteen days before the date upon which the application is to be dealt with by the court. Powers of (17) The Assessment Review Court shall have, with Assessment Review court respect to hearings or appeals under this section, the same powers as the council has under subsection (7). Sec. 496 (23) MUNICIPAL Chap. 302 367 (d� (18) Notice of the decision of the Assessment Review / Notice of Court shall be given by the regional .registrar of the Assess-Agsessment ment Review Court by mail to the persons to whom notice Review Court of the hearing of such application was given, and such notice shall state therein that such decision may be appealed to the county judge within fourteen days of the mailing of such notice. (19) An appeal may be had to the county judge by the Appeal applicant or the municipality from the decision of the Judgenty Assessment Review Court or where the Assessment Review Court has omitted, neglected or refused to hear or dispose of an application or appeal under this section and such appeal shall be a hearing de novo and the provisions of subsections.42 (3), (4), (6), (7) and (8) of the Assessment Act apply R.S.O. 1980, with necessary modifications. c. 31 (20) The person appealing shall personally or by his Notice of agent send a written notice of appeal to the regional registrar oonn alto dge of the Assessment Review Court and a copy thereof to the municipal clerk, within fourteen days after notice of the " decision of the Assessment Review Court has been given by the regional registrar of the Assessment Review Court under subsection (18), provided that where the municipality appeals ' it shall send a copy of the notice of appeal to all persons interested in accordance with this subsection. �i (21) An appeal may be had to the Municipal Board from a Appeals to decision of the county judge under subsection (19) and the o.M.B. provisions of section 47 of the Assessment Act apply with necessary modifications. (22) Where a person makes application for the cancella- occu ant may tion, reduction or refund of taxes in respect of business required ' re uired assessment or assessment. under subsection 7 (3) of pap of the 'Issessment Act, the council or tl-je Assessment Review taxes Court, as the case may be, on notice to any person who occupied the premises and carried on business for the whole or any part of the period in respect of which the application is made, may direct that a proper proportion of the taxes be levied against such person for the time during which such person was in occupation although the name of such person does not appear on the assessment roll in respect of such Premises, and in determining the amount payable regard shall be had to the nature of the business carried on. s (23) A cancellation, reduction or refund under clause (1) (b) lion r shall be for a proportionate part of the ta);es based on the number tionatation, Of months in the year (luring which the exemption existed, refund,etc. r: ...,,....,.. �.. sec. 6 (24) 00 idem (24) A cancellation, reduction or refund under clause 3 cL (1) (c) shall be for a proportionate part of the taxes based on the number of months in the year or years after the building was razed in respect of which taxes were levied. Notice of decision to (25) A copy of each notice of decision referred to in assessment subsections (12) and (18) shall be sent by mail to the assess- commis- stoner merrt commissioner by the clerk of the municipality or the regional registrar of the Assessment Review Court, as the j case nmy be, at the same time as the notice of decision is given under subsections (12) and (18), provided that failure + to send such copy to the assessment commissioner shall not r invalidate any proceedings taken under this section. R.S.O. 1980, c. 302, s. 496. Recom- mendatio❑ t��•—(1) The treasurer may by filing a notice of the forincrease recomm ndation with the clerk of the municipality recom- of taxes where gross error mend to he council that the taxes levied against any per- son be inc aced in the year in which the recommendation is made, wh e he ascertains that such person has been undercharged b reason of any gross or manifest error that is a clerical er r, the transposition of figures, a typo- graphical error or -imilar type of error, but. not an error in judgment in makin the assessment upoi}%which the taxes have been levied. By-law to (2) Where the council has passed a by-law under sub- provide for 1 exercise by section 496 (2) the counci may by" the same by-law or b a Assessment ry • Review Court subsequent by-law provide t t the Assessment Review Court ofcou ciil shall exercise the functions of th -council under subsection(5) and where a subsequent by-law is piss d, the clerk of the municipality shall forthwith forward a certified c py thereof and of any by-law passed repealing any such by-law to ie regional registrar of the �. Assessment Review Cou4' and to the *sessment commissioner. Notices (3) Where the council has provide that the Assess- be forwarded ment Review Court shall exercise the func 'ons of the council reg istrarai as referred to in subsection (2), the clerk o the municipality and to assessment shall forthwith.-'forward to the registrar of he Assessment commis- Review Court, as they are received by him rom time to stoner s time, all notices filed under subsection (2) and he regional registrar- shall in turn forthwith forward a co}ix of such notices to the assessment commissioner and the ovisions ,{ Of subsections (4), (5), (6), (7) and (8) shall not apply to the ecom- { mendAtions to which such notices relate. Notice of (4) Notice of the recommendation and of the date up recom- mendation which it is to be dealt with by the council shall be given\, July 12, 1984. RECEIVED Dear Mr. Rickard and Coy ncil Mw.. bers. UL 13 1'' A gentleman from the Assessment Office in Whitby visited my home and said 1 could not appeal my previous year' s assessments because of a six month appeal date. fie said there was no sense going to the Appeal Court because of the same reason. He did advise me to appeal to Council of the Town of Newcastle under :section 496 of the Municipal Act. My lot was severed from my farm in 19'19 and assessed as residential , which I appealed but was told I wasn't farming that lot. Well, you don' t cultivate new trefoil which I had planted previously, you either cut it for hay or pasture cattle on it. Fortunately, in 1983 they saw us working up the lower fields and changed the assessment tofarm. Why wouldn' t they believe me for the previous years when they have now changed it to farm assessment , that it always was' I request Council , under the above noted section of the Municipal Act , to reduce my assessment fbr previous years on the lot, reduce my taxes accordingly and make any adjustments in my favour. When 1 build a house on my lot, I will ,ladly pay the residental taxes. Thank you, Mrs. Dorothy Stark R.R.l , Newtonville, Ontario , LJA 1HO Kf�M.D � CORPORATION OF THE TOWN OF NEWCASTLE OFFICE OF THE TOWN CLERK �.•,' TELEPHONE 623-3379 40 TEMPERANCE STREET �. BOWMAN L1 ILLE, ONTARIO September 25, 1984 Mrs. Dorothy Stark R.R.#1 Newtonville, Ontario LOA 1 HO Dear Mrs. Stark Re: Property Assessment Reduction Our File: 10.57.3 At the meeting held on September 24, 1984, Council adopted the following recommendation: Mrs. Dorothy Stark's request for prior years ' reassessment be denied as this is a Provincial matter; A copy of this report be forwarded to Mrs. Stark to explain the position and it be suggested that she contact her provincial Member of Parliament for assistance in resolving her problem. Attached is a copy of the report. Yours very truly Gertrude E. Gray, A.M.C.T. Deputy Clerk GEG/pp ATTACH: c.c. J. Blanchard Deputy Treasurer