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By-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Burwell and the Village of Vienna pertaining to the regulations for the collection of taxes and utilities are hereby repealed This by-law shall come into full force and effect as of date of passing.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