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Home My WebLink AboutJune 06, 2019 - Court of Revision - Hildelbrandt Drain THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 6, 2019 8:00 p.m. — Hildebrandt Drain 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING A. Hildebrandt Drain Notice of Court of Revision Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the Court of Revision is to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment as per Engineers Report#218003 dated March 29, 2019 as prepared by Spriet Associates 4. STAFF PRESENTATION A. Report DS-35/19 by Bill Knifton, Chief Building Official'Drainage Superintendent re Hildebrandt Drain 5. PUBLIC PARTICIPATION 6. DISPOSITION 7. ADJOURNMENT INNYHA,4 Opo Ci'W44, l'tunty Is The Corporation of the Municipality of Bayham NOTICE OF COURT OF REVISION CONCERNING THE HILDEBRANDT DRAIN IN THE MUNICIPALITY OF BAYHAM NOTICE TO AFFECTED PROPERTY OWNERS Drainage Act R.S.O. 1990, Chapter D.17, Section 46 TAKE NOTICE that in accordance with Chap. D.17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham, on Thursday, May 16, 2019 adopted Report No. 218003, dated March 29, 2019 as prepared by Spriet Associates in regard to drainage works for the construction of the Hildebrandt Drain serving Parts of Lots 5 and 6, Concession 9 in the Municipality of Bayham. FURTHER to Chap. D. 17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham, on Thursday, May 16, 2019 gave first and second reading to Provisional By-law #2019-046, a copy of which is enclosed, to adopt the drainage works included in the aforementioned Report and to authorize the Municipality to borrow, if required, the monies necessary to carry out the works therein and to levy upon the affected lands and roads their respective apportionment of the cost of the works. TAKE NOTICE that further to Section 46 of the DRAINAGE ACT, a Court of Revision will be held in the Council Chambers of the Bayham Municipal Office, 56169 Heritage Line, Straffordville, on Thursday, June 6, 2019 at 8:00 p.m., to provide an opportunity for any person or body entitled to receive notice, to appeal their assessment. An owner may appeal the owner's assessment to the Court of Revision by a notice •iven to the Clerk of the Munici•alit not later than 12:00 •.m. noon Monda Ma 27 2019 which is ten (10) days prior to the first sitting of the Court of Revision. ADDITIONAL INFORMATION relating to this Notice or the proposed drainage works may be obtained by contacting the Drainage Superintendent Bill Knifton at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario NOJ 1 Y0, Telephone: 519-866-5521, Monday— Friday 8:30 am —4:30 p.m. Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 17th day of May, 2019. -- /4•0111, Paul Ships: CAOICIerk 111111 -1- . �. REPORT � DEVELOPMENT SERVICES PPt3' 0 uni Ism TO: Mayor& Members of Council FROM: Bill Knifton, Chief Building Official I Drainage Superintendent DATE: June 6,2019 REPORT: DS-35/19 FILE NO. C-07/E09 SUBJECT: HILEDBRANDT DRAIN COURT OF REVISION BACKGROUND: The purpose of this report is to provide for a Court of Revision hearing in connection with the Hildebrandt Municipal Drain. On Thursday May 16, 2019 in accordance with Sections 44 to 46 of the Drainage Act, R.S.O. 1990, the Council of the Corporation of the Municipality of Bayham adopted Engineer Report #218003 dated March 29, 2019 as prepared by Spriet Associates. Further to Section 46 of the Drainage Act, the Council of the Corporation of the Municipality of Bayham, on Thursday May 16, 2019 gave first and second reading to Provisional By-Law# 2019-046 to adopt the drainage works included in the aforementioned report and to authorize the Municipality to borrow, if required, the monies necessary to carry out the works therein and to levy upon the affected lands and roads their respective apportionment of the cost of the works. This Section of the Drainage Act also states that a Court of Revision will be held to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment. Section 52 of The Drainage Act specifies that any owner of land assessed for the drainage works may appeal the assessment to any land or road as being too high or too low or that any land or road that should have been assessed has not been assessed, or that due consideration has not been given as to type of use of land. The owner may, in person or by agent, appeal to the Court of Revision by giving Notice in writing to the Clerk of the initiating municipality setting out the grounds of the appeal, and the appeal shall be heard by the Court of Revision. Every Notice of Appeal shall be given at least ten days before the first sitting of the Court, but the Court may, though Notice of Appeal has not been given, by resolution passed at its first sitting, allow an appeal to be heard on such conditions as to giving notice to all persons interested or otherwise as just appear. Section 53 of the Drainage Act specifies when the ground of appeal is that lands or roads are assessed too high and the evidence adduced satisfies the court of revision, that the assessments on such lands or roads should be reduced. All appellants are to be present at the court of revision meeting. If any of the appellants are absent from the meeting, then the meeting shall be adjourned to allow the clerk sufficient time to notify by prepaid mail such persons of concern. The Clerk must also alter any assessments that are changed, and the provisional by- law must be amended. A second meeting of the court of revision must be scheduled. Section 54(1) of the Drainage Act states any party to an appeal before the Court of Revision may appeal to the Tribunal by giving notice addressed to the clerk of the Tribunal, given to the clerk of the initiating municipality, from the decision of the Court of Revision or from its omission, neglect or refusal to hear or decide an appeal within twenty-one days of the pronouncement of the decision of the Court of Revision or of any matter evidencing such omission, neglect or refusal. Section 58 of the Drainage Act specifies that after the Court of Revision has taken place and the time for appealing has expired and there are no appeals or after all appeals have been decided, the Council may pass a Provisional By-law authorizing the construction of the drainage works. A minimum of forty days must transpire commencing from the date of the mailing of the notice of Court of Revision before 3rd reading of the Provisional By-law may take place. Further, drainage work may be commenced ten days after the by-law is passed if no Notice of Intention to make application to quash the by-law has been filed with the Clerk. DISCUSSION: Section 52(2) of the Drainage Act states that a person may submit a notice of appeal regarding their assessment via written notice to the Clerk within 10 days of the first sitting of the Court of Revision. The clerk has not received any written notice of appeals. Therefore, the Court of Revision should consider requesting comment from any landowners, or agents present, to determine if they wish to submit an appeal based on the assessment value included or excluded in the aforementioned Engineer's Report. RECOMMENDATION In the event no appeals are received it is recommended that the Court of Revision consider the following resolution: THAT the Court of Revision for the Hildebrandt Municipal Drain hereby confirms the assessments as per the Engineer's Report# 218003 dated March 29, 2019. Respectfully Submitted by: r / � Bill Knifton '- way Chief Building Official I CAO I Cler Drainage Superintendent