Community Grant Policy - Under Review
Accounts Receivable Policy
Adopted September 20, 2011.
a. In order to operate effectively and efficiently, the Town's accounts receivable must be collected in a timely fashion.
b. Taxpayers must be treated in a fair and consistent manner, and must be aware of their obligations and the consequences of non-payment.
c. Taxes are not a fee for service.
d. This policy applies to all authorized taxes and any other services provided by the Council.
2. Liability for taxes
a. Taxes shall be levied against all assessed property in accordance with the Municipalities Act, the Assessment Act and this policy.
b. Every lot of land that is connected or capable of being connected to municipal water and/or sewer services shall be taxed as a separate water and sewer service.
c. Each assessed property shall be charged the appropriate mil rate or minimum tax.
i. Owners of multiple properties shall be charged the appropriate mil rate on each property, subject to paying the appropriate minimum tax for the aggregate of the properties, whichever is greater.
ii. Adjoining properties may be combined on the next regular assessment roll at the request of the property owner, and subject to development regulations.
3. Billing and due dates
i. All taxes (Property, Business, Water and Sewer and Poll) will be billed each year and are due and payable in full when billed.
ii. Compound interest at the rate prescribed annually by Council will be applied to current year taxes unpaid as of May 31st of each year. Interest will be calculated and posted to the account as of the end of each month commencing June 30th.
iii. Interest on prior years' taxes outstanding shall be calculated and posted to the account as of the end of each month.
a. No discount shall be allowed for early or advance payment of any taxes or other services.
b. No discount shall be allowed for seasonal residents or for any period when water or sewer is not provided for any reason whatsoever.
a. Payments on accounts shall be applied firstly to interest, then to taxes owing, in the order that the taxes were billed — oldest amounts will be credited first.
6. Past Due Accounts
a. Amounts unpaid by May 31st in each year shall be considered past due.
b. To avoid collection action;
i. Taxpayers may make arrangements to pay outstanding balances (previous and current years' taxes) by payment agreement or by post-dated cheques.
ii. Payment in full must be made by December 31st of the current year. Interest charges shall apply.
iii. Any missed payments or dishonoured cheques will void the repayment agreement.
7. Collection action
a. All past-due accounts shall receive a statement as of May 31st indicating the balance owing and advising that collection action may be taken on the account.
b. Accounts still past-due as of June 30th shall receive a letter advising that if payment or payment arrangements are not made within ten working days:
i. services will be discontinued
ii. water services will be shut off after the ten-day period.
iii. services will not be restored until tax account is paid in full.
c. No Building, Development or Occupancy Permits will be issued for any person or property where taxes are in arrears and there is no current repayment plan.
d. No Crown Land Referrals Permits will be issued for any person or property where taxes are in arrears and there is no current repayment plan.
e. No other Town services such as equipment or space rentals will be supplied for any person or property where taxes are in arrears and there is no current repayment plan.
f. No property title shall be transferred until current and past-due taxes are paid in full for the year.
g. Any monies owing to any person shall be offset against any arrears.
h. For properties to which there is no legal title, or for other accounts not relating to taxation, Council shall consider other avenues of collection such as court action to attach assets or garnish wages.
8. Tax Sale
a. Council shall order a tax sale of any property on which taxes are in arrears for more than two years, in accordance with the relevant provisions of the Municipalities Act.
b. Staff shall provide Council with a list of properties for which tax sale is an option at the July meeting of each year.
Water Supply and /or Sewerage Disposal Regulations, 2014
Adopted October 15, 2014
PUBLISHED BY AUTHORITY
Pursuant to the authority conferred by Section 161 of the Municipalities Act, the Town of Fogo Island has made the following regulations.
1. These regulations may be cited as the Town of Fogo Island (Water Supply and /or Sewerage Disposal) Regulations, 2014
2. Interpretation: In these regulations, unless the context otherwise requires:
a. "Act" means The Municipalities Act";
b. "Council" means the Town of Fogo Island;
c. "Town" means the Town of Fogo Island;
d. "Municipality" means the Town of Fogo Island;
e. "Customer" means any person, firm or corporation who or which contracts with Council to be connected to the system;
f. "Service" means the water supply and /or sewerage disposal service supplied to a customer;
g. "System" means the water supply and /or sewerage disposal system of the Town of Fogo Island;
h. "Building" means a home, residence, business or any other building connected to or to be connected into the system.
a. Every owner or occupier or both of a building or part thereof that is within the Municipality and within forty-five (45) meters of the system, shall have such building or part thereof connected to the system whether through a separate hook-up or an extension from the main building hook-up system.
b. Where a building is rented or part of a building is rented the owner of that building shall be billed the water tax and/or sewer tax for each residential unit.
4. No service shall be provided by the system until the prospective customer contracts with Council to be connected to the system.
a. Service lines shall be installed to within five (5) feet of a residence, when installed under a Capital Works Program. Service lines for water supply shall be 19mm (¾ inch) copper or ¾ inch PVC (160 PSI) for a single family residential unit or such greater size as may be approved by Council for multiple residential units and commercial buildings.
b. Service lines for water supply shall be installed at a minimum underground depth of 1.5 meters (5 foot) unless otherwise approved by Council.
a. Service lines for sewerage disposal shall be 100mm (4 inch) PVC or equivalent for a single family residential unit or such greater size as may be approved by Council for multiple residential units and commercial buildings.
b. Service lines for sewerage disposal shall be installed at a minimum underground depth of 1.5 meters (5 feet) unless lateral with the service line for water supply in the same trench.
c. The grade for a service line for sewerage disposal shall be a minimum of 2.00% and shall be as much as possible in a continuous straight line without sags or crests; but where a bend is necessary it shall be with the use of a clean flute.
7. There shall be one only service line for water supply and one only service line for sewerage disposal to each building unless otherwise approved by Council.
a. Service lines from the main to 1.5 meters (5 feet) of the building shall be installed by Council for the customer for the standard cost recovery fee. (If installed under a Capital Works Program, otherwise the homeowner will be responsible for the full cost to install the service.)
b. Service lines from 1.5 meters (5 feet) of the building shall be installed by the customer or his representatives with the prior approval in writing of Council and shall be subject to inspection by a Council representative prior to backfilling.
9. Where Council installs a service line for the customer, the cost of such installation shall be paid before the service connection is completed.
10. No customer shall have his property connected to the system where such customer is in arrears payable to Council.
11. No person except an employee of Council or other representative engaged for that purpose, shall connect service lines to the system.
12. Representatives of Council shall have the right of access to all parts of a customer's property or premises at all reasonable hours for the purpose of installing, reading, inspecting, repairing, or removing meters and Council shall have the right to suspend service to any customer who refuses such access.
a. If trouble occurs in a service line between the main and the curb stop, it shall be repaired at Council's expense; but where the trouble occurs elsewhere in a service line, it shall be repaired at the customer's expense. For Town owned septic systems, the distance from the curb stop to the home will be measured and that same distance will be used as the measurement from the home leading to the septic system, to determine the responsibility of the homeowner. However, if it is determined that the trouble was caused by the customer and occurred anywhere within in the service line, the customer will be responsible for all expenses and/or damages. Before any work commences the property owner shall sign a form which will state his/her responsibility for repairs and/or damages that may be deemed the property owners responsibility.
b. If any work is carried out by the Town for repairs anywhere within a service line, the Town will only be responsible for backfilling and not responsible for the replacement of asphalt, grass, concrete, etc. or perform any landscaping, to the Customers property and/or his/her neighbor's property; it shall be the responsibility of the property owner.
c. Council will not be responsible for any freeze-up in the winter except as above in 13.a, between the main and the curbstop. Council will not be responsible for freeze-ups from the building to the curb stop; however, will lend assistance by providing a portable thawing device, for a maximum of 24 hours.
d. In the event of a leak in a water supply service line, Council may discontinue the supply of water to the service line if such action is necessary to prevent wastage of water; and, except in the case of an emergency, the customer shall be given adequate prior notice of Council's intention to discontinue the supply of water.
14. No person shall indiscriminately use water nor shall that person sell or give water to any person except under such conditions or for purposes as may be approved by Council in writing.
15. No person shall dispose of chemicals or other such material not normally used by a household into a service line or sewerage disposal.
16. No person, unless authorized by the Council, shall draw water from, open, close, cut, break, obstruct from free access to, or in any way injure or interfere with any hydrant, water main, water supply pipe, stop cock, meter, or any other part of the system, except, that nothing contained in these regulations shall be deemed to prevent a member of a fire department, when engaged in work of such department, from using any hydrant or other part of the system.
a. Invoices for water and sewerage tax shall be rendered January 1st of each year and shall be due and payable on such a date as set by Council, except where special arrangements for deferred payment of bills for water and sewerage tax have been made with Council;
b. Water supply service may be discontinued with 24 hour notice to any customer whose bill for water and sewerage taxes remains unpaid 30 days after the final due date, except where special arrangements for deferred payment of bills for water and sewerage tax have been made with Council;
18. Pursuant to Section 443 of the Act, every person who contravenes or fails to comply with any of the provisions of these regulations is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars ($1000.00) or in default of payment to a period of imprisonment not exceeding ninety (90) days or to both such fine and period of imprisonment.
19. These regulations were adopted by resolution of Council at a meeting held on the 14 day of October, 2014 and will become effective on the 15 day of October, 2014.
20. All previously adopted water supply and/or sewerage disposal regulations for the Municipality are hereby repealed.
ANIMAL CONTROL REGULATIONS
The Municipal Council of Fogo Island, under
Section 413 and 414 (2) (g) and (q) of the Municipal Affairs Act, 1999
hereby enacts the following regulations:
1. a)An owner of an animal shall keep it safely tethered or penned at all times to prevent it from running at large or roaming.
b) Notwithstanding subsection (a), an animal need not be tethered or penned up where,
i) It is held on a leash by a person capable of restraining its movement
ii) It is kept or used for another purpose.
2. Under these regulations, the following definitions shall apply.
a) "Owner" when used in reference to the ownership of an animal, includes a person who has custody, charge or possession of an animal and/or who is the owner of a house or premises where an animal is kept or is permitted to live or remain.
b) "Animal" means a domestic animal and/or livestock.
c) "Running at large or roaming" means to be unleashed.
i) In a public place
ii) On premises not owned by, or in possession of the owner of the animal.
3. Any person who violates the provisions of these regulations shall be guilty of an offence, and shall be liable to a minimum fine of $50.00 for the first offence and a minimum fine of $75.00 for a second and each subsequent offence.
4. An owner of an animal who is known to have committed a breach of these regulations shall be so notified, by registered letter, by the Clerk of Council who shall, in the notification:
a) Inform the owner of his/her breach of regulations
b) Inform the owner of the fine for which he/she is liable in consequence
c) Provide information as to:
i) Where and how the fine may be paid.
ii) The recourse to collection procedures in the event of default of payment voluntarily.
5. Prosecutions under these regulations may be taken summarily by any Police Officer.
6. These regulations shall come into effect May 19, 2015 AD, and all previously adopted animal control regulations for the Municipality are hereby repealed.
Assuming Ownership of Non Town Owned Roads
Policy for when considering assuming ownership of non Town owned roads.
As per resolution number 2016-018, January 21, 2016.
Any resident wishing to have their road become a Town road must apply to the Town in writing. Town staff will visit the road and assess the road to determine if it meets current Town standards.
Before the Town of Fogo Island considers assuming ownership of non Town owned roads, the following must be considered:
1. A minimum of two (2) homes shall be on the designated road.
2. The road shall have a turnaround or alternate exit.
3. The minimum width for the road top shall be 12 foot.
4. The current condition of the road shall have an improved driving surface clear of any objects that will impede drivers or Town equipment.
5. The road must become the property of the Town of Fogo Island.
Town contribution to upgrades
If the road does not meet the policy requirements, residents can apply to the Town for contributions towards upgrading.
Each year Council will budget a set amount for its road upgrade policy based on its financial position at that time. Council will contribute up to a maximum of $5,000 per road for upgrading as per the Town of Fogo Island's Town Road Policy standards, for a total not exceeding the budgeted amount for road construction for that year.
If a road becomes the property of the Town, the Town will not be responsible for any damage occurring within 6 meters from the side of that road.
The Town of Fogo Island reserves the right to make any adjustments to this policy during implementation.
Meeting Date: January 21, 2016. Resolution Number: 2016-018