At the City Council Meeting of December 2, 2019, Council considered the Drainage Report for the Repair and Improvement to the drain. Council Resolution CR613/2019 approved the first and second readings of Provisional By-law 130-2019, and the Drainage Report was adopted in accordance with Section 45 of the Drainage Act.

City Council’s landowner assessment policy for drainage works is through Council Resolutions CR388/2007 and CR64/2015. Only a portion of the cost inherent in rebuilding from private structures is assessed to property owners; whereas, the general rate funds all remaining costs of drain maintenance rather than apportioning to the landowners themselves. The policy as consolidated by both resolutions is as follows:

  1. City of Windsor CONTINUE to use the general tax levy or the sewer surcharge levy, depending on location for drain maintenance costs in accordance with the City of Windsor Act, 1968:

    1. with the exception of private access structures and “special benefit” works benefiting individual properties;, which are to be assessed to the benefiting property owners as per a completed engineer’s report and assessment schedule as a “special benefit” in accordance with s. 24 of the Drainage Act;

    2. Municipal Drains, excluding access structures will be maintained at the general tax rate or sewer surcharge, depending on location, provided the landowners allow soil from the drains to be spread on their lands, as provided for in the Engineer’s Report.

  2. That Council APPROVE provision of payment options for property owners, for payment of assessments and special charges as identified in a Drainage Report under the Drainage Act and adopted by by-law, as follows:

Property owners are offered the option to pay the assessments and special charges including HST in a single payment within 30 days of the invoice, or added to property taxes in 10 (ten) equal instalments with interest calculated at prime + 1% per annum established as of the date the drainage cost is determined by the City Treasurer or designate.

Discussion:

In accordance with Section 46 of the Drainage Act, copies of the Provisional By-law and Notice of the Court of Revision meeting were sent to all affected landowners listed in the Schedule of Assessment.

The notice informed each landowner of their right to appeal their drainage assessment and/or allowances to a Court of Revision, by filing notice with the City Clerk no later than 10 days prior to the first sitting of the Court of Revision.