User Fees and Service Charges By-law

1.  THAT the fees and charges as set out in Schedules “A” through “R”, attached hereto and forming part of this by-law, are hereby established and adopted by the Corporation of Haldimand County.

2.  THAT unless otherwise prescribed, no request by any person for any information, service, activity or use of County property described in Schedules “A” through “R” will be processed or provided by a County Official, unless and until the person requesting the information, service, activity or use of County property has paid the applicable fee or charge in the prescribed amount as set out in Schedules “A” through “R” to the County.

3.  THAT in the event that any information, service, activity or use of County property is requested, obtained, or incurred by a person, and a fee or charge for such information, service activity or use of County property has not been specifically provided for in Schedules “A” through “Q” hereto, a fee or charge shall be calculated by County staff utilizing the formula described in Schedule “R”, attached hereto and forming part of this by-law, and such fee or charge shall be deemed to be a fee or charge otherwise established and adopted by the municipality and shall be deemed to be included in Schedules “A” through “Q”.

4.  THAT unless otherwise prescribed, the fees and charges established by this by-law shall be payable to The Corporation of Haldimand County by cash, money order, certified cheque or debit card when due.

5.  THAT where any payment is received on account, the payment will first be applied against late payment charges owing according to the length of time the charges have been owing, with charges imposed earlier being discharged before charges imposed later. The payment will then be applied against the total amount owing according to the length of time they have been owing, with amounts imposed earlier being discharged before amounts imposed later.

6.  THAT a percentage of one and one-quarter percent (1 1/4%) shall be imposed as a penalty for non-payment of fees and charges remaining unpaid on the first day following the last day for payment of such fees and charges and thereafter, an additional charge of one and one-quarter percent (1 1/4%) shall be imposed and shall be added to any remaining fees and charges remaining unpaid on the first day of such calendar month in which the default continues until a new by-law is established.

7.  THAT authority is delegated to the Treasurer to adjust penalty/interest applied above under the following conditions: (i) if the County has applied said penalty/interest in error, at the sole discretion for the County, 100% of the penalty/interest applied will be removed; or (ii) if the County, at its sole discretion, was negligent or contributed in part to the application of the penalty/interest in error, 50% of the penalty/interest will be removed. All further adjustments to penalty/interest require specific Council approval or an appeal to the applicable Provincial court.

8.  THAT authority is delegated to the Treasurer to write off small unpaid balances under $10 as the Treasurer deems appropriate.

9.  THAT in the event any part of this by-law, including any part of Schedules “A” through “R”, is determined by a Court of competent jurisdiction to be invalid or of no force and effect, it is the stated intention that such invalid part of the by-law shall be severable and that the remainder of this by-law including the remainder of Schedules “A” through “R”, as applicable, shall continue to operate and to be in force and effect.

10.  THAT in the event that another by-law of The Corporation of Haldimand County establishes a fee or charge that is not referenced by this by-law and that is not inconsistent with this by-law, the fee or charge established by that or another by-law shall be deemed to be included in Schedules “A” through “R” attached hereto.

11.  THAT this by-law shall be known as the “User Fees and Service Charges By-law”.