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Assessment Review Board, #C-956

 

To open a PDF version of the bylaw, please click on the following link:
C-956 Office Consoldiation

CITY OF GRANDE PRAIRIE

 

OFFICE CONSOLIDATION

 

BYLAW C-956

 

The Assessment Review Board Bylaw

(As Amended by Bylaw C-956A, C-956B, C-956C, C-956D and C-956E)

 

City Council enacts:

                                                   PART I - PURPOSE

 

PURPOSE                            1.     The purpose of this By-law is to establish an Assessment Review Board under the Municipal Government Act and to provide procedures for hearings of the Assessment Review Board on complaints against Assessments and Taxes under the Municipal Government Act.

 

 

                                                   PART II - DEFINITIONS

 

DEFINITIONS                      2.     The following words and phrases mean:

 

(1)   Clerk                                  the Clerk to be appointed pursuant to Section 455 of the Municipal Government Act;

 

(2)   Complaint                            a complaint about an assessment or tax applicable to a particular assessment and tax roll number;

 

(3)   Council                               Council of the City of Grande Prairie;

 

(4)   Mayor                                 the chief elected official of the City of Grande Prairie;

 

(5)   Municipal                             the Municipal Government Act, RSA 2000, Chapter. M-26;

       Government Act                   (Bylaw C-956E - January 28, 2008)

 

(6)   Vacancy                             absence from the Assessment Review Board including absence due to direct or indirect interest in a matter before the Assessment Review Board and including an inability or refusal by a member to continue to fulfil his or her obligations as a member of the Assessment Review Board.

 

(7)   Person                                includes any individual, corporation, society, association, partnership or firm and the successor or the heir, executor, administrator or other legal representative of a person.

                                                            (By-law C-956B - April 27, 1998)

 

(8)   Complainant                         the person who files a complaint about an assessment or tax applicable to a particular assessment and tax.

                                                            (By-law C-956B - April 27, 1998)

 

(9)   Assessor                             the assessor for the City of Grande Prairie.

                                                  (By-law C-956B - April 27, 1998)

 

                                                   PART III - ASSESSMENT REVIEW BOARD

 

ASSESSMENT REVIEW          3.     One Assessment Review Board is established.

BOARD ESTABLISHED

 

MEMBERSHIP                      4.     Council will appoint five (5) members and an alternate member to the Assessment Review Board.  Two (2) members and the alternate member will be members of Council.  The three (3) remaining members will be members of the public.

                                                            (By-law C-956D - October 7, 2002)

 

TERM OF OFFICE                 5.     (a)   The term of office of each member of Council appointed to the Assessment Review Board will be a period not exceeding three (3) years and will coincide with his or her term of office as a member of Council.

 

                                                (b)   The term of office of each of the remaining members of the Assessment Review Board will be a period not exceeding three (3) years with the terms being staggered.  A member may be re-appointed to a maximum of six (6) consecutive years of service.

                                                                     (By-law C-956D - October 7, 2002)

 

                                                (c)   Council may remove a member of the Assessment Appeal Board at any time for whatever reason Council considers appropriate.

 

DUTIES OF THE                   6.     The Assessment Review Board will hear and decide complaints

ASSESSMENT REVIEW                     from assessments and taxes under the Municipal Government Act

BOARD                                      and regulations hereto.

                                                (Bylaw C-956E - January 28, 2008)

 

CHAIR AND VICE-CHAIR      7.     Before its first hearing, the Assessment Review Board must elect a Chair and Vice-Chair from among its members.  The Vice-Chair will preside if the Chair is absent.

 

VACANCIES AND                 8.     The  Mayor  may  appoint  a  person  as  an  acting  member of

QUORUM                                            the Assessment Review Board if any member is unable for any reason to attend a hearing of the Assessment Review Board.  The quorum for the Assessment Review Board is three (3).  If a Vacancy results in loss of quorum and the Mayor does not appoint an acting member, then the alternate member will fill the Vacancy.

 

REMUNERATION AND           9.     The members of the Assessment Review Board who are members

EXPENSES                                 of the public will be paid for attending hearings, deciding cases and for attending to other matters necessary to perform the Board's duties, at the rate under the current City Policy for Council and Employee Reimbursement.

                                                            (Bylaw C-956E - January 28, 2008)

 

DECISIONS                         10.   A copy of each decision of the Assessment Review Board will be sent to all persons notified of the hearing.  The Board will send reasons to any person who was notified of the hearing and who requests written reasons at the time of the hearing.

                                                            (By-law C-956C - October 2, 2000)

 

DUTIES OF THE CLERK         11.   The Clerk will:

 

                                                (a)   record any complaint received;

                                                (b)   set a time, date and place for the hearing of any complaint and provide notice in accordance with the Municipal Government Act and regulations thereto;

                                                (c)   attend each meeting of the Assessment Review Board, maintain a full record of the proceedings, and report each decision to Council;

                                                (d)   otherwise carry out those duties, if any, assigned to the Clerk by the Municipal Government Act and regulations thereto or by Council;

                                                (By-law C-956C - October 2, 2000)

 

                                         12.   The Clerk will not be entitled to any remuneration for acting as clerk of the Assessment Review Board.

 

 

                                                   PART IV - FEES

 

FILING FEE                         13.   All complaints must be filed with the Clerk on or before the final date for the making of complaint as shown on the assessment or tax notice and must be accompanied by the fee calculated under Schedule I.  Any complaints received or postmarked after that date, will not be accepted by the Clerk.

                                                            (By-law C-956B - April 27, 1998)

 

 

FEE REFUND                       14.   (a)   If the Assessment Review Board decides in favour of a complainant, the fees paid by the complainant under Section 13 will be refunded.

 

                                                (b)   If the complainant withdraws the complaint in writing on or before July 31 of the year in which the complaint is filed, the fees paid by the complainant under Section 13 will be refunded.

                                                       (By-law C-956C - October 2, 2000)

 

 

                                                   PART V - DISCLOSURE OF EVIDENCE

 

                                                   15.   The complainant and the Assessor will comply with the requirements to disclose evidence at any Assessment Review Board hearing under the Municipal Government Act and regulations thereto.

                                                            (By-law C-956C - October 2, 2000)

 

 

                                                   PART VI - SOLICITOR

 

SOLICITOR                         16.   An independent Solicitor may be appointed by the Clerk to advise the Assessment Review Board and the Clerk.

                                                            (By-law C-956B - April 27, 1998)

 

 

                                                   PART VII - REPEAL BY-LAW C-907

 

REPEAL BY-LAW C-907        17.   By-law C-907, the Court of Revision By-law is repealed on the day this By-law is passed.

                                                            (By-law C-956B - April 27, 1998)

 

 

READ a first time this   15th    day of       May            , 1995.

 

READ a second time this   15th    day of       May            , 1995.

 

READ a third time and finally passed this   15th    day of       May               , 1995.

 

                                                                                       “G. Graydon” (Signed)            

                                                                                      MAYOR

 

                                                                                       “J. Ferguson” (Signed)           

                                                                                      CITY CLERK

 

 

 

SCHEDULE 1

(BY-LAW C-956A - APRIL 14, 1997)

 

DECRIPTION

ASSESSMENT

VALUATION

FEE

Low Density

Residential

Not applicable

$25.00 per parcel,

no maximum

Other Residential

0            -   200,000

200,001   -   400,000

400,001   -   600,000

600,000   +

 

 

        $  25.00

        $  50.00

        $  75.00

        $100.00

        per parcel

 

 

Non-owner occupied condominium apartments fees applied on total property assessment and not individual assessments.

Non-residential

Machinery &

Equipment

0            -   100,000

100,001   -   200,000

200,001   -   300,000

300,001   -   400,000

400,000   +

        $  50.00

        $100.00

        $150.00

        $200.00

        $250.00

Local Improvement

Not applicable

$25.00 per parcel

Business Assessment

Not applicable

$25.00 per assessment