[Jeanette Coen]

Council has levied domestic waste services on a recently completed dwelling in town. However, unbeknown to the Rates Department at the time, an occupation certificate was not issued as there is a problem with the building/flood height and Council’s Health & Building Department will now sign off on the owners living in the dwelling. Sec 496 states that a council MUST make and levy an annual charge for the provision of domestic waste management services for each parcel of rateable land for which the service is available. The property is in town and a collection service is available. The owner of the property has now requested that Council not charge for the DWM services as the property “can’t be occupied” and he is not using the service. There are houses in town that are vacant but are still being charged for DWM services and if Council doesn’t charge him for the same services are we setting a dangerous precedent? Council also charges an unoccupied waste charge on vacant land in the collection area, should this property be charged as vacant land? Any help would be appreciated.

[nucleo]

Hi Jeanette.
Yes, he should be charged a DWM of some sort. Does the ‘vacant land’ charge also double as an availability charge, if so, then I suggest this would be the charge to change it to. If not then my understanding is that he is up for the whole charge this year, then you could discuss with your waste services area to introduce an availability charge for next year which would most likely be the same as the vacant land charge, if that is lower than the standard charge.
Hope this is of some assistance.
Glynes

[Jeanette Coen]

Thanks Glynes
Turns out its more complicated than I thought. The dwelling was completed in late 2018 and we have been charging waste services since then. After the dwelling was completed Council requested a separate valuation under Sec 26 (1) of the Valuation of Land Act as a second dwelling was approved and a subdivision plan lodged as part of the DA process. Two years later the rates department find out that Council won’t issue a Occupation Certificate. Now the owners want all the rates refunded, there is now a second water & sewer connection and Council has had a General Valuation. What rates and charges if any should be refunded. I think none, maybe some wiggle room with the waste services but not the other. Any ideas? I have spoken to our GM and requested that Council ask for a legal opinion on the matter.

[Susan Scott]

Hi Jeanette, firstly, no rates are refundable as the ordinary land rates are based on the rateable value issued by the Valuer General, irrelevant of any thing else. (Apart from a Valuation Objection or Re-Ascertainment.) Secondly, the decision regarding what service charges should apply, be refunded etc should be made buy the relevant department for each service. Your Council will have (or should have) policies in regard to these matters which will guide their decisions, which they should then convey to you, preferably in writing (even via email) so that it can be recorded against the assessment should any further queries arise. Don’t let the other departments pass the buck to you to make the decision – unless part of your Job description includes being employed by those departments. Good luck.

[Author]

Posts