Septic Rehabilitation Program Design

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1 Septic Rehabilitation Program Design 1. Program Summary A. Overview A Septic Rehabilitation Program is for the City to assist property owners with septic systems to improve the environment through a voluntary program. A Special Charge would be imposed on the property s tax bill to be repaid over time, pursuant to O. Reg.586/06. The priority lien status of the Local Improvement Charge (LIC) through the charges being added to the tax roll enables the City to add any unpaid amounts to the cancellation price in a tax sale and to recover the amounts of the LIC ahead of any other lien holders should the property owner fail to pay. B. Program Eligibility All property types will be eligible for the program. C. Participation Applicants shall be required to provide: Three (3) quotes to help identify when the maximum funding provided by Council will be reached. Acknowledgement of all property owners (registered on title) agreeing to the application if successful; The property assessment roll number to confirm no outstanding payments owed to the City in the last five (5) years; Evidence from the property owners they have advised their mortgage lenders) of their intention to participate in the Program and the lender s consent (where applicable) at his or her own expense (this may require the property owner to receive independent legal and/or financial advice); Agreement to the charges being added to the tax roll for collection. Page 1 of 6

2 D. Selection Process Applications will be accepted, reviewed and processed on a first come first serve basis. 2. Qualifying Septic Rehabilitation Measures The application must demonstrate the potential to improve our environment in order to qualify for Septic Rehabilitation LIC funding. Funding is designated for capital costs (not maintenance costs) with an expected useful life of five (5) years or greater. The non-exhaustive list of the categories of measures eligible under the Program includes: i) Holding tank replacement; or ii) Septic tank and/or tile bed replacement or repairoriii) Tertiary system replacement or repair Ineligible measures include equipment or products not permanently affixed to the property, previously installed in another home and are deemed general maintenance. By recommending categories of septic rehabilitation and associated measures, the City makes no guarantees of the materials, performance, cost-effectiveness or any warranty of the measures supported by the Program. Only the costs associated with septic rehabilitation of up to twenty-five (25) percent of the Current Value Assessment of the property with maximum funding of $35,000 are eligible for the Program. 3. Completing the Rehabilitation through Contractor Engagement The City will provide funding to property owners for improvements covered by the Program that have been recommended by the three (3) contractors verified by the City and installed by contractors hired by the property owners. The City will not pre-qualify contractors or procure contractors to perform improvements on behalf of property owners in connection with this Program. The payment will be issued to the property owner and contractor(s) jointly. Page 2 of 6

3 The City is not responsible for the work quality of any contractors hired in connection with this Program and assumes no liability for the works undertaken. All septic rehabilitation improvements must adhere to local codes and by-laws. The property owner is responsible for ensuring that hired contractors are licensed, bonded and insured. Any issues that may arise relating to the quality of workmanship or post installation performance of the septic rehabilitation, for example should be dealt with by the property owner and contractor. 4. Application Process The steps below outline the process and requirements property owners need to follow as part of the Septic Rehabilitation Program. City staff will periodically review this process to ensure effective Septic Rehabilitation Program implementation and, where deemed appropriate, the City may make changes in its sole discretion. Step 1: Pre-Qualification Property owners submit an application form that includes, but is not limited to, the following information: a) Property address to confirm location is eligible; b) Property assessment roll number to confirm no outstanding payments owed to the City in the last five (5) years; and c) Evidence of mortgage lender consent (where applicable). If a property owner has one or more outstanding mortgage(s) associated with the property, then the property owner must obtain (at his or her own expense) consent from the mortgage lender(s) through a form that the City will provide. Property owners will advise their mortgage lender(s) of their intention to participate in the Septic Rehabilitation Program and receive permission from the lender(s) (to the maximum loan amount of $35,000 if necessary) as a requirement of the Septic Rehabilitation Program. Once the property owner has been pre-qualified by City staff, based on the above criteria, the City will provide Notice to Proceed to the property owner. Page 3 of 6

4 Step 2: Funding Request Form The property owner will need to submit a Funding Request Form that: Identifies the septic rehabilitation that the property owner intends to install based on the report from the Contractor; and Identifies the cost for each septic rehabilitation (including equipment, materials and labour costs). Following receipt of the Funding Request Form, the City will: Confirm the eligibility of the septic rehabilitation works; Verify the reasonableness of material costs and labour costs; and Calculate the administrative costs to the City to operate this program. A Committee consisting of the following will review and approve applications. The Corporate Services Manager, Revenue & Taxation/Deputy Treasurer 1 staff each from Development Services Building Division and Public works Water and Wastewater Division; and Two members from the public appointed by Council Step 3: Property Owner Agreement After the City has confirmed the acceptability of the Septic Rehabilitation Report and the Funding Request Form, the City will prepare a Property Owner Agreement ( POA ), in accordance with Appendix B for the property owner(s) to review and sign. Step 4: Completing Improvements 1. Proceeding with Work The property owner can then proceed with hiring contractor(s) and performing the approved septic rehabilitation improvements to the property. The septic rehabilitation must be completed within a reasonable timeframe, as stipulated in the POA, to be determined by the City in its sole discretion. Page 4 of 6

5 2. Funding Disbursement As detailed in the POA, the City will provide the disbursement only after the property owner provides a copy of the final inspection report from the Building Division indicating local codes and by-laws have been adhered to and the installation/repair meets the necessary requirements. Step 5: LIC Repayment Following the Corporate Services Manager, Revenue and Taxation/Deputy Treasurer s periodic certification of the local improvement roll (which occurs after the septic rehabilitation improvements on a given set of properties are complete and the final amounts of funding are confirmed), the City Clerk will submit a corresponding bill for Council to adopt a by-law pursuant to Section of O.Reg. 586/06 to impose the Special Charges on the participating properties. For each property included in the by-law, the Deputy-Treasurer will then add to the City s tax roll for that property each year that portion of the imposed Special Charge that is due in that year. These collective steps will provide priority lien status for the annual amount that the Deputy-Treasurer adds to the tax roll and will ensure that any subsequent property owner who was not a party to the POA is bound to pay that amount. To facilitate repayment of the annual Special Charge, the POA will require property owners to enroll in for the pre-authorized payment plan option of the 12 monthly instalments similar to the existing Program for property tax payments.. Failure to make payments is treated with the same remedy as uncollected property taxes which may include penalties and interest charges. At any time, a property owner can make advance payments, including a one-time payment of the total outstanding amount owing to clear the property of the LIC charge. Special Circumstances Where a property owner is a qualifying Low Income Senior or Disabled Person as defined in By-law 2014-, being a By-law to provide property tax relief to Low Income Seniors and Disabled Persons, the property owner will have the option of paying the interest component of the loan only until the property owner either no longer qualifies for the Low Income Seniors and Disabled Persons Tax Rebate Program; or the property changes is sold or given to another person(s). At the time of property transfer, whether an arm s length transaction or to a family member, the amount of the loan will be due in full to the City. Page 5 of 6

6 5. LIC Disclosure As indicated above, the subsequent owner of a property on which the City has imposed a Special Charge is required to pay the City the annual LIC amount even though that subsequent owner was not a party to the original POA. In addition to the notice that the City will be giving in accordance with the provisions of O.Reg. 586/06, the City will take the following steps to ensure even greater transparency of the LIC to interested parties by: i) As part of the Council Agenda, posting on the City s website notice of the Special Charge by-law to impose the charge on the property in advance of its introduction and after its adoption; and ii) Updating the Tax Certificate to include the full LIC amount, amount payable in the current year, outstanding amounts owing and a note to reference the by-law pursuant to which the Special Charge was imposed. 6. Quality Control The property owner(s) is responsible for keeping original copies of contractor invoices of installed measures and be prepared to disclose this information to the City upon request. The improvements must be completed within a reasonable timeframe, as stipulated in the POA, to be determined by the City in its sole discretion. Page 6 of 6

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