Loading...
HomeMy WebLinkAboutADM 100 Public Notification PolicyCif"' o¢� CITY POLICY/PROCEDURE Approval% /i ' r---, Date Originated: my 28, 2003 Policy Number: Classification: ADM Reference: Resolution #113/03 By-law 6166/03 ` Da�evised: December 4 7 Category: 100 Policy Title: NOTICE POLICY POLICY STATEMENT: In recognition of the emphasis placed on accountability and transparency measures within the Municipal Act, the City of Pickering believes citizens should be made aware of the business of the municipality. In order to make citizens aware, the City will provide notice based on the development of a class system that identifies the circumstances of when notice will be provided, including establishment of notice formats and methods and development of minimum notice provisions. POLICY OBJECTIVE: The objective of this Policy is to: 1. Ensure transparent government services which promote public input. 2. Ensure citizens are aware of what, when and where the business of the municipality is being discussed. 3. Provide accurate and timely notice to the required audience. 4. Ensure notification process is consistent. 5. Ensure all notices published by the City are issued in an effective and relevant medium. Page 1 of 6 CITY POLICY/PROCEDURE Approval: Date Originated: July 28, 2003 Policy Number: Classification: ADM Reference: Resolution #113/03 By-law 6166/03 Date Revised: December 2007 Category: 100 Policy Title: NOTICE POLICY GENERAL: 01 Definitions: 01.01 Emergency — means an unexpected matter that may arise which is considered to be of an urgent or time sensitive nature or which could affect the health or well-being of the residents and may prevent the City from providing the standard public notice. Emergency does not mean an emergency as defined in and governed by the Emergency Management Act, R.S.O. 1990, c.E.9, as amended. 01.02 Newspaper — means a printed publication in sheet form, intended for general circulation, published regularly at intervals of not longer than a week, consisting in great part of news of current events of general interest and sold to the public and to regular subscribers. 01.03 Notice — means a written, printed, published, or posted notification or announcement. 01.04 Published — published in a daily or weekly newspaper that, in the opinion of the Clerk of the City of Pickering, has such circulation within the City as to provide reasonable notice to those affected thereby, and "publication" has a corresponding meaning. 01.05 Website — City of Pickering corporate website. cityofpickering.com, "Public Notices" section as indicated in the section that provides links to public notification on the homepage. 02 Responsibilities: 02.01 Council to: (a) Approve the Notice Policy. Page 2 of 6 IMINatiler CITY POLICY/PROCEDURE Approval: Date Originated: July 28, 2003 Policy Number: Classification: ADM Reference: Resolution #113/03 By-law 6166/03 Date Revised: December 2007 Category: 100 Policy Title: NOTICE POLICY (b) Approve amendments to the Notice Policy. (c) Support the Notice Policy. 02.02 Chief Administrative Officer to: (a) Support the Notice Policy. (b) Declare, in consultation with the Mayor, when emergency provisions may be invoked. 02.03 Department / Division Head: (a) Support the Notice Policy. (b) Ensure staff prepare notices within the designated time. 02.04 Supervisor, Marketing Research & Communications to: (a) Support the Notice Policy. (b) Act as City representative with the newspaper. (c) Coordinate notices to be published in the newspapers. (d) Follow-up on any misprints. 02.05 Website Coordinator: (a) Support the Notice Policy. (b) Add, maintain and remove notices from the website as requested by departments responsible for giving notice. Page 3 of 6 CITY POLICY/PROCEDURE Approval: Date Originated: July 28, 2003 Policy Number: Classification: ADM Reference: Resolution #113/03 By-law 6166/03 Date Revised: December 2007 Category: 100 Policy Title: NOTICE POLICY (c) Maintain a record of notices published on the website. 02.06 City Clerk to: a) Support the Notice Policy. b) Recommend and prepare any necessary amendments to the Policy. c) Be responsible for collecting concerns or complaints relating to this Policy. 03 Notice Method and Timing: 03.01 The Municipal Act, S.O. 2001 requires the City to give notice respecting several matters. The means of giving notice may be set by Municipal Policy, may be set out in the Act that requires the notice to be given, or may be prescribed by Minister's Regulation. 03.02 The standard mediums for issuing a notice may include one or more of the following: a) Letters — for notice to individuals, interested parties, the upper tier municipality or other level of government. Depending on the notice or statutory requirement, letters may be hand delivered, or sent via first- class mail or registered mail, faxed or e-mailed. b) Newspaper — public notices, notice of intent to pass by-law, notice of public meeting, property tax installment notices, notice of public sale. c) Posting — public notices posted on site. d) Website — public notices, notice of intent to pass by-law, notice of public meeting, property tax installment notices, notice of public sale. Page 4 of 6 CITY POLICY/PROCEDURE Approval: Date Originated: July 28, 2003 Policy Number: Classification: ADM Reference: Resolution #113/03 By-law 6166/03 Date Revised: December 2007 Category: 100 Policy Title: NOTICE POLICY 03.03 Unless otherwise stated in Attachment I, "reasonable notice", shall be deemed that the City shall give not less than five days or more than thirty days notice. 03.04 Attachment I is a chart detailing the Minimum Notice Requirements which shall be provided by the City. 03.05 Where a notice is issued using more than one medium, every attempt shall be made to issue notices at the same time. 03.06 In the event that the server fails and the website notices are interrupted, every attempt shall be made to reinstate the service. Notices, which were issued also by way of an additional medium, shall be deemed not affected by the server interruption. However, for notices which are solely issued via the website, if there is an interruption in service, staff shall take reasonable steps to attempt to ensure that the minimum notice requirement as stated in 03.03 of this Policy is upheld. 04 Notice Content: 04.01 Where notice is required to be given, the notice shall include the following information, at a minimum: 05 General a) Outline the authority and/or purpose for the notice. b) Outline the subject matter of the notice. c) Set out the applicable notice requirements (i.e. Date, time, location of meeting) d) If applicable, include a key map or other description of the lands affected by the matter under consideration. e) Provide how, where, and when comments / objections can be made. Page 5 of 6 CITY POLICY/PROCEDURE Approval: Date Originated: July 28, 2003 Policy Number: Classification: ADM Reference: Resolution #113/03 By-law 6166/03 Date Revised: December 2007 Category: 100 Policy Title: NOTICE POLICY 05.01 Nothing in this policy shall prevent the Clerk from using more comprehensive methods of notice or providing for a longer notice period. 06 Emergency Provision 06.01 If a matter arises, which in the opinion of the Chief Administrative Officer, in consultation with the Mayor, is considered to be an emergency (as defined in this Policy), the Clerk shall make his/her best efforts to provide as much prior notice as is reasonable under the circumstances. Page 6 of 6 O 0 a .' Q Cr CD Ce a) 0 z E E .E Notice Type / Period / Frequency - Written notice to parties identified - City Website — "Public Notices" - Notice to owner either personally or by prepaid registered mail to the last known address of the owner. - Timing of notice to be in accordance with the order given. Requirement Upon the passing of a by-law under subsection (6), the clerk of the municipality shall give written notice of the contents of the by-law to: a) the assessment corporation b) the Clerk of any other municipality that would but for the by-law, have had authority to levy rates on the assessment for the land exempted by the by-law, and c) the secretary of any school board if the area of jurisdiction of the board includes the land exempted by the by-law A notice stating that if the work is not done in compliance with the order within the period it specifies, the municipality may have the work done at the expense of the owner. Before the municipality enters on land to do the work, the order shall be served on the owner of land personally or by prepaid registered mail to the last known address of the owner of the land. If the municipality is unable to effect service on the owner under subsection (8), it may place a placard containing the terms of the order in a conspicuous place on the land and may enter on the land for this purpose. All requirements to give notice and hold public meeting remain Description Tax Exemption by-law c 22 L 0 L.. -E- u..1 0 a) 3 0 a. Business Improvement Area Municipal Act, 2001 Part I Section 00 O U U) 'Cf 210, 211 o Cn oG)13 2 E c Qa� •' m Q as ce a) c. 0 z E E ._ 5 Notice Type / Period / Frequency - Published in the newspaper within 60 days of receipt of the audited financial statements. - City Website — "Public Notices" and "Finance Tax" - Within 60 days after the date the list of comparable properties is received by the municipalities the City shall mail (via first-class mail) to the owner of each eligible property the list of the comparable properties and the determination made. - At least 21 days before any taxes shown on the tax bill are due - By February 28`" in each year, a Notice of Tax Arrears & related late payment charges shall be mailed (via first-class mail) to the owner of each property in arrears. - Published at least once in the newspaper when necessary. Requirement No longer a requirement to give notice prior to passage of by-law establishing wards. No longer a requirement for a public meeting prior to passage of by-law establishing wards. (Notice of passage of by-law still required after passage of by-law, and appeal process still in • lace Notice that information is available When eligible properties as defined in 331(20) are added to the roll (ie. Properties with additional assessments; properties that cease to be exempt; properties that are added to the roll be severance; or properties for which there is a change in classification) Municipal treasurer still required to send a tax bill to every taxpayer Notice to Tax Payer Notice of Public Auction and Notice of taxes due Description Establish wards Publication of Financial Statement Taxes on eligible property (Industrial & Commercial) Notice of Tax Bill Tax Status Seizure of Assets for unpaid taxes Municipal Act, 2001 Part Section N N U)r Ch N CO 343 CO M r CO X >< o CO— o � 2 E Q•� a c. Q a) a) c.) 0 z E E .E Notice Type / Period / Frequency - On or before September 30 of the year following the year in which the application is made, council shall hold a public meeting. - At least 14 days prior to the meeting, the City shall mail (via first-class mail) to the applicant a notice of the date. The notice shall be copied to the Assessment Corporation and the Assessment Review Board. - Applicants shall be notified of the meeting by mail sent at least 14 days before the meeting. Within 14 days of decision, council shall notify the applicants of the decision and specify the last day for appealing. - With respect to applications filed under Section 358, within 14 days after making its decision, Council shall notify the applicant of the decision via first-class mail. - With respect to applications filed under Section 359, within 14 days after making its decision, Council shall notify the person (via first- class mail) in respect of whom the application is made of the decision and specify the last day for appealing the decision. Requirement Notice of decision On or before September 30 of the year following the year in which the application is made, council shall hold a meeting at which all applicants may make representations to council Notice to applicant Notice to Treasurer and affected person of meeting Description Dividing land for sale Cancellation, reduction, refund of taxes — Notice Requirement Cancel, reduce or refund taxes Increase taxes Municipal Act, 2001 Part Section co M 358 (10) co 10 U) CO Notice Type / Period / Frequency - Within 60 days after the Registration, the Final Notice shall be sent via registered mail to those who are entitled to receive the notice as per Section 374. If the cancellation price remains unpaid 280 days after the day the tax arrears certificate is registered, within 30 days thereafter, the Final Notice shall be issued stating that the land will be advertised for public sale. (unless the cancellation price is paid before the end of the one-year period following the date of the registration of the tax arrears. - Final Notice shall be published at least once a week for four successive weeks in the newspaper. - Final Notice shall be published at least once in the The Ontario Gazette. Within 60 days after making a payment to Court under Section 380 (2), the Treasurer shall send via first- class mail, a copy of the statement to the Public Guardian and Trustee and to the persons to whom the Treasurer sent Notice under Section 379(1). Requirement Notice of Registration as per Section 374(1) As per section 374(1) Notice of public sale Notice to Public Guardian and Trustee of payment of proceeds Description Tax Arrears Certificate Tax Arrears — Final Notice Public Sale Application of Proceeds Municipal Act, 2001 Part Section CO CO _ M O CO X Notice Type / Period / Frequency L a) c • c° 15. E co O —_ClN .co CLO 0 = o aa)) z co U L E=a)c 0 U)O2Q)oEo`o�0mo�U O 'i° oc°U)U)uu))oaa)a 62Z o z L 2 co ui o rn c Co L ) .� N a) Q > O 1E a) N-0 .c U) a) 0) 3 N w- '-- o -o E} c al E a (° o U) >, a) o 0 O o O C O .- . V E �' a '' Y OV V O u)>0oac)c3 c 0 cN° °) 0 oy ° o QjO_0 . c I o N Q c0 zr) U o .c° O •c a) U N73 ' j O N N QZ' U) p)c° E - o.) as a) N caLo>,.<2a)'�`U) O .-.= = a) a) , c ` ac 25_o(� c°.,>--. n.3 a�(3 , , , . oa)o)r-oc°;�-0,a)c OZTa aja-3�oc2� u)55.n a) 0 u_ Ul 2' _ 3 o (° Un a) c) cts N a) s ;40 ,f .- cn o N O m -0 a) O •c o c01-(10c.--s-c4-,-10 ; `. o c O c ,«- o O N N> o U a?.c°c o o'rn 3 n o c-0 ` rn� nn a I p p)'O >' N c N N O.> f°w>—.= V c a)N a) 'c`� ai E a3U 3 c° al , , Requirement 3 co > 0 Co 0 Y c a) C W- O a) U O z Description U a) L co) 0 C Co U) a) a) U- 0 0 N v — 0 3 2 c O o 0 c) toQ lC a — as 0 z E E ._ Notice Type / Period / Frequency - Notice to owner either personally or by prepaid registered mail to the last known address of the owner - 15 -day written notice to the Attorney General to be sent via registered mail. - Notice to owner either personally or by prepaid registered mail to the last known address of the owner. - Notice to be issued 21 days prior to the final due date and the Notice shall specify the amount of the fine payable and final date. Requirement Notice of Proposed entry Notice to Attorney -General Notice of unpaid fine Description Power of Entry Closing of Premises — Public Nuisance Collection of Licensing fines Municipal Act, 2001 Part I Section M M M O > X