Municipality of Cumberland By-Law 84-08

 

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Street Improvement By-Law

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Short Title                  1.         This by-law shall be known as may be cited as the "Street Improvement By-Law".

Definitions                  2.         In this By-Law unless the context otherwise indicates:

(a)        "municipality" means the Municipality of the County of Cumberland.

(b)        "committee" means the Finance Committee of the Municipality;

(c)        "improvement" includes laying out, opening, constructing, repairing and improving streets, curbs, sidewalks, gutters, bridges, culverts and retaining walls;

(d)        "Minister" means the Minister of Transportation of the Province of Nova Scotia;

(e)        "owner" includes a part owner, joint owner, tenant in common or joint tenant of the whole or any part of any real property fronting on a street, and also includes any trustee, executor, guardian, agent or other person having the care of control of such real property in case of the absence or disability of the person having title thereto;

(f)        "street" means any street, highway, or travelled way or portion thereof within the Municipality;

(g)        "Lot" means a lot of land that has been or can be approved for an on-site sewage disposal system and which neither fronts on or has access to one of the streets which are being improved.

Petition                                               3.         Where at least two-thirds of the owners of land fronting on a street owning at least two-thirds of such frontage file a petition with the Clerk requesting that the Municipality make an improvement to the street, the Municipality may make such improvement on the recommendation of the committee and shall recover the total net cost of such improvement to the Municipality by levying a special tax upon the owners of real property fronting on the said street whether such cost is incurred by the Municipality directly or by or under an agreement with Her Majesty the Queen in the Right of the Province of Nova Scotia or the Minister or with any other person as provided in this By-law.

Cost                                                                4.         The amount to be recovered by the Municipality under this By-law shall not exceed the cost of such improvements to the

 Municipality as certified by the Municipal Clerk.

Special Tax                                         5.         The special tax to be levied against each lot under the provisions of this By-lay shall be the total net cost to the Municipality divided by the total number of lots fronting on the street or streets to be improved.

Administration                        6.         The Municipality may make an administration charge under this

Charge                                                            by-law of 10% of the total net cost to the Municipality.  This charge shall form part of the special tax to be levied against each lot.

Lien                                                                 7.         The special tax levied under this by-law is a lien on the whole of the property fronting on the street in the same manner and with the same effect as rates and taxes under the Assessment Act.

Collectible as                                      8.         The special tax levied under this by-law is collectible in the same

Rates & Taxes                                   manner as rates and taxes under the Assessment Act and at the option of the Clerk is so collectible at the same time and by the same proceedings as are rates and taxes.

Effective date                                     9.         The lien provided for in this by-law shall become effective on the

of Lien                                                            date on which the Municipal Council determines by resolution the amount of the special tax to be levied and computed as herein before set out.

Interest                                               10.       The lien provided for in this by-law shall remain in effect until the special tax together with interest at the rate of Fifteen percent (15%) per annum on the entire amount from time to time outstanding and unpaid beginning from the date on which the entire amount first became due has been paid.

Installments                                        11.       The amount payable may at the option of the owner of the property be paid in equal annual installments over a period of Five Years and the whole balance together with all outstanding interest thereon computed as herein before set out becomes due and payable in case of default of payment of an installment, and in the case of an owner electing to pay the amount by installments, then the whole amount is not due and payable at one time but only the installments together with outstanding interest are due and payable as the time for payment thereof arrives.