HomeMy WebLinkAboutBy-law No. 1998-041 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 98- 41
BEING A BY-LAW TO PRESCRIBE REGULATIONS
FOR THE COLLECTION OF TAXES AND UTILITIES
WITHIN THE MUNICIPALITY OF BAYHAM
WHEREAS the Municipal Act, R S.O.1990, as amended c. M. 45 s. 85 p, 2 states;
2. The council may assign to a collector the district within which he or she is to
act, and may make regulations governing the performance of his or her duties.
The regulations for the collection of taxes for the municipality are to be in accordance to
policies and procedures as described in Schedule "A" forming part of this By-Law.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
acn.t�
That all by-laws and amendments thereto enacted by theATownship of Bayham, the
Village of Port Burwell and the Village of Vienna pertaining to the regulations for the
collection of taxes and utilities are hereby repealed
This by-law shall come into full force and effect as of date of passing.
READ A FIRST AND SECOND TIME this 9 /4 day of urn e , 1998.
MAYO CL
READ A THIRD TIME AND FINALLY PASSED this ,., day of
V ALI . , 1998.
MAY .e C
Page 1
att,a-e_tt41,4-, 7-4 6" 98-4/
Schedule "A"
By-Law 98-41
Municipality of Bayham
Municipal Collection Policy
1.0 Collection Procedures
1.1 Collection Policies—Taxation
a) Staff shall prepare tax arrears listings no later than 5 working days after the end of
each month for review by the Administrator/Treasurer. Accounts will be
categorized for either first, second, third, fourth & fifth notice depending on the
length of time outstanding. First notices will be sent upon missing payment of the
first demand/installment. The notice shall be in accordance to Appendix 1.1 of
this policy.
b) Second notices will be sent at the beginning of the following month upon missing
payment of the first notice. The notice shall be in accordance to Appendix 1.2 of
this policy.
c) The third notice shall be a notification that the services of a bailiff could be
employed for the final collection and shall be sent upon missing payment of the
first demand/installment and no response to either the first or second notices. The
notice shall be in accordance to Appendix 1.3 of this policy.
d) The fourth and final notice shall be a notification that the services of a bailiff will
be employed for the final collection and shall be sent upon missing payment of
the first demand/installment and no response to either the first, second or third
notices. The notice shall be in accordance to Appendix 1.4 of this policy.
e) The fifth and final notice shall be a notification that the services of a bailiff will
be employed for the final collection and shall be sent upon missing payment of
the first demand/installment and no response to either the first, second, third or
fourth notices. The notice shall be in accordance to Appendix 1.5 of this policy.
f) The Tax Collector shall prepare a warrant to distrain the chattels and goods of the
taxpayer and issued to a bailiff for collection. A bailiff or collection agency shall
be used only on long outstanding accounts where Municipal staff has been unable
to collect or set up payment terms with the ratepayer. Upon the issuance of the
warrant neither staff nor Councilors shall discuss the account with the taxpayer
until payment or arrangement for payment to the satisfaction of the Tax Collector
has been made. The warrant shall be in accordance to Appendix 1.6 of this
policy.
g) Collections made by the bailiff shall be remitted to Municipal staff for allocation
to the appropriate accounts.
h) In all instances the Tax Collector shall make attempts for mutually agreeable
arrangements for payment of the account. These arrangements or agreements
shall be in writing. The agreement shall be in accordance to Appendix 1.6 of this
policy. Exceptions to the general format will be determined by the Tax Collector
based on past performance and specific circumstances.
Page 2
2.1 Collection policies-Utilities
a) Utility arrears listings shall be prepared by staff no later than 5 working days after
each billing due date to be reviewed by the Administrator/Treasurer. First notices
will be sent no later than 5 working days after missing payment of the original
billing. The first notice shall give the customer approximately 5 working days
notice to pay and shall be in accordance to Appendix 2.1 of this policy.
b) Second notices will be sent the day after the due date of the first notice. The
second notice shall give the customer approximately 5 working days notice to pay
and shall be in accordance to Appendix 2.2 of this policy.
c) The third and final notice shall be hand delivered to the water customer's
household the day after the due date of the second notice. The final notice will
direct that services will be disconnected should payment not be received within 24
hours and shall be in accordance to Appendix 2.3 of this policy.
d) Should service termination occur as the result of non-payment of the utility
account, a service charge in the amount of $50.00 shall be paid as well as full
payment of the account prior to reinstatement of service. Continued failure to pay
shall result in the account being placed on the tax roll and collection by a bailiff
will occur in the same manner as outlines above in Section 1.1 of this policy. A
bailiff or collection agency shall be used only on long outstanding accounts where
Municipal staff have been unable to collect or to set up repayment terms with the
ratepayer.
e) Collections that are delegated to a bailiff shall be remitted directly to the same and
remitted to Municipal staff for allocation to the appropriate accounts.
3.1 Authority to Accept Monies on Behalf of the Municipality
a) Tax & Utility accounts (Water/Sewer) shall be collected by staff only during
regular office hours. Members of Council shall not receive money on behalf of
the Municipality under any circumstance.
b) Municipal staff will accept Government Cheques, however excess monies over
and above the amount owing upon the account being paid will under no
circumstances be refunded in the form of cash. Under no circumstances will third
party personal cheques be accepted.
c) No individual Council member shall interfere with the duty of staff to collect
monies on behalf of the municipality towards preferential treatment to family or
friends without the full and formal consent of Council.
4.1 Deposit for Utilities
a) Tenant users of the municipal water and sewer system are required to complete an
Application for Water and/or Sewer Service and shall be in accordance to
Appendix 2.4 of this policy. Tenant users must provide a deposit to the
Municipality equal to four months' minimum billings (or two billing periods).
b) Deposits are held by the municipality until such time as the tenant moves out of
the municipality or purchases a home within the Municipality.
c) The deposit shall be applied to any outstanding balance upon the termination of
the person's account or formal notification of last day of occupancy of the rental
unit.
Page 3
d) Any remaining amount of deposit, once applied to any outstanding balance is to
be returned to the tenant within a reasonable period of time and in accordance
with the financial procedures of the municipality.
e) Utility Deposits shall also be collected in accordance to Section 2.1 of this by-
law.
Page 4
APPENDIX 2.4, BY-LAW 98-41
APPLICATION FOR WATER AND/OR SEWER SERVICE
Name: Roll #
Address: Account #
Telephone:
WATER SERVICE YES NO
SEWER SERVICE YES NO
The undersigned, herein called the consumer, hereby requests the Municipality of Bayham, herein
called the Municipality, to supply water service and water supply to the consumer's premises
described as:
1. This application, when signed by the consumer, and accepted for the Municipality by the
signature of its authorized officer, shall be a contract between the consumer and the
Municipality, and shall not be modified or affected by any promise, agreement or
representation by any agent or employee of the Municipality unless incorporated in writing
into this contract before such acceptance.
2. The consumer and the Municipality agree to comply with the conditions set forth by the
Municipality regulating the maintenance and operation of the water works system and the
sewage works system, and agree that the said conditions are part of this contract.
3. The consumer agrees to take water service and/or sewage as designated above from the
Municipality in accordance with the terms and conditions herein. Further, the consumer
agrees to pay the Municipality at the rates as set out by By-law from time to time.
4. The consumer agrees that upon request of the Municipality as set out by By-law from time
to time, to make a deposit to be held by the municipality without interest, as a guarantee
that the consumer will fulfil all terms and conditions of this contract.
5. The consumer vacating the above-listed premises without notification to the Municipality
is liable for all subsequent accounts until a new consumer is registered at the vacated
location.
6. It is agreed that the signatures of the parties hereto shall be binding upon their successors
or assigns, and that the vacating of the premises herein named shall not release the
consumer from this contract, except at the option and written consent of the Municipality.
Water Meter $ 210.00
Name of Consumer Water Inspection Fee 40.00
Sewer Inspection Fee 40.90
Signature of Consumer TOTAL COSTS $
Date:
ACCEPTED FOR THE MUNICIPALITY BY:
APPENDIX 1.1, BY-LAW 98-41
Municipality of Bayham
Post Office Box#160
14 Plank Road North
Straffordville ON NOJ 1Y0
June 3, 1998
Dear Ratepayer
Please note that your tax account is in arrears in the amount noted on the enclosed statement of arrears.
Please make arrangements to bring this account into good standing by June 30, 1998 or additional interest
charges will apply.
Please contact the Municipal Office to discuss this matter at(519)866-5521.
Yours truly,
Donna Lamoure
Tax&Utility Clerk
APPENDIX 1.2, 3Y-LAW 98-41
Municipality of Bayham
Post Office Box#160
14 Plank Road North
Straffordville ON NOJ 1Y0
July 2, 1998
Dear Ratepayer
Please note that your tax account is in serious arrears in the amount noted on the enclosed statement of
arrears. You are to contact the Municipal Office by July 31, 1998 to discuss payment of your account.
Please contact the Municipal Office to discuss this matter at(519)866-5521.
Yours truly,
Donna Lamoure
Tax&Utility Clerk
APPENDIX 1.3, BY-LAW 98-41
Municipality of Bayham
Post Office Box#160
14 Plank Road North
Straffordville ON N0J 1Y0
August 4, 1998
Dear Ratepayer
Our records indicate that your property tax account is in serious arrears in the amount noted on the enclosed
statement of arrears. You are to contact the Municipal Office at (519) 866-5521 immediately to discuss
payment of your account. Failure to comply by August 31, 1998 could result in the account being
forwarded to a bailiff for collection and collection charges being applied directly to your account.
Yours truly,
Donna Lamoure
Tax&Utility Clerk
APPENDIX 1.4, BY-LAW 98-41
Municipality of Bayham
Post Office Box#160
14 Plank Road North
Straffordville ON NOJ 1Y0
September 2, 1998
Dear Ratepayer
Our records indicate that your property tax account is in serious arrears in the amount noted on the enclosed
statement of arrears. You are hereby receiving your fourth and final notice that you are to contact the
Municipal Office at(519)866-5521 immediately to discuss payment of your account. Failure to comply by
September 30, 1998 will result in the account being forwarded to a bailiff for collection. Costly collection
charges will be added to your account should the services of a bailiff become necessary.
Yours truly,
Donna Lamoure
Tax&Utility Clerk
APPENDIX 1.5, BY-LAW 98-41
Corporation of the Municipality of Bayham
Post Office Box#160
14 Plank Road North
Straffordville ON NOJ 1Y0
VS
Jane Doe
123 Any Street
Post Office Box#00
Vienna ON NOJ 1Z0
Distress Warrant
Dated: May 7, 1998
Roll#: 34 00 000 000 00000 0000
Municipal Address: 123 Any Street, Vienna
Warrant#: 98-001 B.W
Direction to Distrain for Taxes
(if necessary)
Section 384, 385 and 400 to 405 inclusive -, Municipal Act R.S.O. 1990, Chapter M. 45
as amended and The Housing Development Act, R.S.O., c. H. 18, s3, p.5 as amended to:
My bailiff in this behalf, or his appointee:
You are hereby authorized to distrain the goods and chattels of:
Jane Doe
Which you shall find on the premises of the property described:
As per the attached
Or if said goods and chattels being liable to be distrained for taxes owing have been
removed from the above mentioned premises, they are nevertheless liable to be distrained
for taxes owing wheresoever they shall be found within the County of Elgin for the sum
of: $
Tax Arrears $
Penalties &Interest $
Bailiff fees $
Total $
And now in arrears and unpaid, and, if default of payment of such arrears of taxes,
penalties and lawful costs of said distress, to sell and dispose of the said goods and
chattels according to law, for the recovery of the arrears of taxes, penalties and lawful
costs, and for so doing this shall be your sufficient authority.
Given under my hand at the Municipality of Bayham, County of Elgin, Province of
Ontario, this seventh day of May, 1998.
The Corporation of the Municipality of Bayham
Tax/Utility Clerk
Property Taxes
Name: Jane Doe
Mailing Address: Post Office Box#00
Vienna ON NOJ 1Z0
Municipal Address: 123 Any Street, Vienna
Roll#: 34 00 000 000 00000 0000
Tax Arrears $
Penalties & Interest $
Bailiff fees $
Total $
Grand Total $
THE CORPORATION OF THE pa'fiJlA4Tivi1ME _R
MUNICIPALITY OF BAYHAM
APPENDIX 2 BY-LAW 98-41
P.O. Box 160,Straffordville,ON NOJ 1Y0
telephone:(519)866-5521 • fax:(519)866-3884
PLEASE RETURN THE ENTIRE TOP PORTION WITH YOUR PAYMENT•KEEP LOWER PORTION FOR YOUR RECORDS
OVERDUE AMOUNT
66 . 00
BANKS ARE NOT AUTHORIZED
TO ACCEPT THIS PAYMENT
DOE JOHN
Po BOX p o — DueDATi
PORT Burwell ON NOJ 1TO
Jun 10, 98
E&O.E.
ArAQIN N.JJMSER WEtooRess TMETERNO DUE DATE OVERDUE AMCUNI
128700W000 50 George Jun 10, 98 66 . 00
NOTICE
DATE
June 3, 1998
Please note that your water account is in arrears .
Please make arrangements to pay the above noted amount by
Jun 1098 to avoid disruption of service .
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM OFFICE HOURS 8:30 AM TO 4:30 PM MONDAYTO FRIDAY PHONE 8665321
P.O.Box 180,Straffordvllle,ON NOJ 1YO
THE CORPORATION OF THE ;070 e TIN JI F•=.a —`I
MUNICIPALITY OF BAYHAM APPENDIX 2.2, BY-LAW 9841
P.O.Box 160,Straffordville,ON NOJ 1 YO
telephone:(519)866-5521 • fax:(519)866-3884
PLEASE RETURN THE ENTIRE TOP PORTION WITH YOUR PAYMENT•KEEP LOWER PORTION FOR YOUR RECORDS
OVERDUE AMOUNT J
66 . 00
BANKS ARE NOT AUTHORIZED
TO ACCEPT THIS PAYMENT
DOE J CRN
PO BOX 00 F- aih.CAE --1
PORT BURWELL ON NOJ 1TO
Jun 18, 98
E.&O.E.
Ac;^..hiNTNUM6ef• '>ERt1COADL'REb-' ----TkET R R' C:Itkfx41F OVERDUE AMOUNT
128700W000 50 George Jun 18 , 98 66 00
NOTICE
RATE
June 11, 1998
Your water account is in arrears for the above noted amount .
You are hereby informed that if payment is not received
by Thursday, Jun 18, 98 your services will be disconnected.
Should your sevices be disconnected you will be required
to pay an additional $50 . 00 fee as stated in By-law 98-21
passed by Bayham Municipal Council February 20, 1998 .
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM OFFICE HOURS 8:30 AM TO 4:30 PM MONDAY TO FRIDAY PHONE 865.5521
P.O.Box 160,Straflordville,ON NOJ 1Y0
APPENDIX 2.3, BY-LAW 98-41
50 George Street
Please note that your water accounts are in serious
arrears in the amount of$66.00. Your services will be
disconnected at 9:00am Monday, June 22, 1998 should
payment not be received by 4:30pm today, June 19,
1998. Note: Should your services be disconnected
full payment of your accounts plus a $50.00 fee for
each turn-off will be required to reinstate your service