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HomeMy WebLinkAboutBy-law 6191/03 - General Municipal FeesTHE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6191/03 Being a by-law to Confirm General Municipal Fees and Charges pursuant to the MunicipalAct, 2001. WHEREAS the Municipal Act, 2001, S.©. 2001, c25, as amended, came into effect on January 1,2003; and WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c25, as amended, provides generally that a municipality may pass by-laws imposing fees and charges for services or activities provided by or on behalf of the municipality, for costs payable by the municipality for services or activities provided by or on behalf of the municipality, and for the use of the property of the municipality, including property under the municipality's control; and WHEREAS Section 391 does not apply to fees imposed by the municipality in respect of the licensing of businesses by the municipality, and therefore this By-law does not impose fees in respect of the licensing of businesses; and WHEREAS Ontario Regulation 244/02 limits the scope of Section 391 by, among other things, excluding by-laws which impose fees and charges for the processing of planning applications under the authority of the Planning Act, and therefore this By-law does not impose fees in respect of the processing of Planning applications pursuant to the Planning Act, nor for the processing of applications or the performance of services pursuant to the Building Code Act; and WHEREAS Ontario Regulation 244/02, Section 13, provides particular requirements, including the giving of notice, with regard to the power of a municipality to impose fees or charges for inspections or the issuance of permits for Fire purposes, and therefore this By-law does not impose fees in respect of inspections or the issuance of permits by the Fire Service; and WHEREAS otherwise the municipality is required to give notice of its intention to pass a by-aw pursuant to Section 391 only to parties who have given written notice to the municipality of their desire to be so notified, and the municipality has received no such written notice from any party; and WHEREAS the City of Pickering imposes a variety of fees and charges in respect to its services and activities and the use of its property, and wishes to confirm such fees and charges as currently are in place pursuant to the MunicipalAct, 2001, S.O. 2001, c25, as amended; and WHEREAS Section 392 of the Municipal Act, 2001, S.O. 2001, c25, as amended, provides that a municipality shall maintain a list of fees and charges for public inspection as attached in Schedule A; and WHEREAS Section 396 of the Municipal Act, 2001, S.O. 2001, c25, as amended, authorizes such a by-law to provide for interest and other penalties for fees and charges that are due and unpaid, and requires such a by-law to set out when and in what manner fees and charges, including interest and other penalties, are to be paid; and WHEREAS the MunicipalAct, 2001, S.O. 2001, c25, as amended, also states that fees and charges imposed by a municipality constitute a debt to the municipality, and authorizes the Treasurer of a municipality to add fees and charges imposed by the municipality to the tax roll of a property, under certain circumstances and to collect them in the same manner as municipal taxes. NOW THEREFORE THE COUNCIL OF THE CITY OF PICKERING DOES HEREBY ENACT AS FOLLOWS: 1. This by-law shall be known as the City of Pickering General Municipal Fees and Charges By-law. 2. Schedule A shall form part of this by-law. Council hereby confirms the fees and charges which are imposed for services and activities provided by or on behalf of the City and for the use of the property of the municipality, as set out in Schedule A and the amount of such fees and charges as set out in Schedule A. 4. Any person requesting or applying for the service or activity of the City, or the permission to use the property of the City, as set out in Schedule A, shall pay the applicable fee or charge listed for that service or activity or the use of that property, as set out in Schedule A. 5. The fees and charges set out in Schedule A, shall, unless otherwise noted, be subject to the addition of Goods and Services tax and Provincial Sales tax, where applicable by law. Unless otherwise provided, the service or activity shall not be provided by or on behalf of the City, and the City property shall not be permitted to be used, until the person requesting the City service or activity or the use of City property has paid the fee or charge set out in the applicable schedule. The City may require a deposit of up to 50% of the applicable fee or charge, payable in advance, if one or more of the following circumstances are applicable. a) the applicant is neither a resident of the City nor someone who carries on business in the City b) the applicant has previously failed to pay a fee or charge imposed by the City in a timely fashion c) the applicant is currently indebted to the City d) the service or activity is to be provided by the City, or the City property is to be used by the applicant, over a substantial period of time e) the service or activity requires an unusual initial investment by the City f) the past conduct of the applicant person or organization has been such that the City has concern about the use of its property o The City may refuse to provide a service to an applicant; permit an applicant participation in an activity; or, authorize the use of City property by an applicant, when the applicant owes the City past fees and charges, including any penalties and any costs of repair. Where an applicant person or organization has previously submitted to the City an NSF cheque, the City may require that the person or organization pay fees or charges by means of cash, money order, or certified cheque. 10.All City accounts and invoices are due and payable when rendered and outstanding City accounts and invoices shall bear interest at the rate of 1.25% per month, calculated from the thirty-first day after date on which the account or invoice was rendered. 11.The City Treasurer may add the amount of any fee or ,charge including those that are deemed to be taxes, including interest, imposed pursuant to this by-law to the tax roll for any real property for which all of the owners are responsible for paying the fee or charge and collect the amount in like manner as municipal taxes. 12.Schedule A to this by-law may be reviewed annually in conjunction with the annual City budget process and amended as appropriate. 13.This By-law shall supersede previous fees and charges by-laws as listed below: a) b) c) d) e) f) g) h) i) J) k) Paragraph 1 and 3 of Schedule "A" to By-law 6060/02 (Fill & Topsoil) is hereby repealed. Paragraph 3 and 6 of Section 2 of By-law 5728/00 (Cat & Dog By-law) is hereby repealed. Section 7 of By-law 425/76 (Fences & Pool Enclosures) as amended by By- law 5430/98, is hereby repealed. Subsection 5(2) of By-law 2439/87 (Signs) as amended by By-law 5430/98, is hereby repealed. Section 4(b), of By-law 6108/03 (Tree Protection) is hereby repealed. By-law 5241/98 (Property Information) is hereby repealed. By-law 4928/97 (Burial Permits) is hereby repealed. By-laws 5419/98 (Marriage Licenses) and 5934/01 (Signing Service Fees) are hereby repealed. Schedule "A" to By-law 3929/92 (Lottery Licensing) as amended by By-law 5972/02 is hereby repealed. By-law 5934/01 (Commissioning Documents) is hereby repealed. Schedule "A" to By-law 778/78 (Driveway Entrances) is hereby repealed. Sections 4,5 and 6 of By-law 5430/98 are hereby repealed. 14. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for the Corporation of the City of Pickering that all remaining sections and portions of this By-law continue in force and effect. By-law read a first, second and third time and finally passed the 14th day of October, 2003. ,,~l~y~r City Clerk