Property-tax tangle
Assessors not required to give notice of change, says board

Richard Gleeson
Northern News Services

NNSL (May 20/98) - Some ratepayers appealing their property-tax assessments could be wasting their time showing up at hearings, but they won't know that until they get there.

That's what the city's board of revision, responsible for hearing assessment appeals, decided Friday after property-owner Fraser Weir complained he was not told of the results of a last-minute reassessment of his property.

"I come to this meeting and as I sit down I'm given the results of an assessment done 10 days ago," said Weir.

A former houseboater who has had numerous run-ins with the board over the years, he gave notice in October he would appeal a January assessment of his home.

Shortly before the hearing, a second, more thorough inspection was carried out, resulting in the new assessment being reduced $4,000.

"That's not the proper way of doing this," said Weir. "The numbers we came here to discuss today are the numbers that were given in January."

The board disagreed.

"I don't think we have any problems here," said board member Ben McDonald. "I can see we'd have a problem if the assessor came back and said the value went up $5,000."

But according to the board's reading of the law, assessors are not legally required to provide notice of any last minute-changes, increases or decreases.

"They can do this (change assessments) right up to the time the board finishes sitting," said Kate Da Corte, pointing to a passage in the Property Assessment and Taxation Act.

But the board's secretary, Glen Jarbeau, twice urged members to take another look at the act, the first time adding they might want to consult a lawyer.

The passage after the one Da Corte cited states that when a correction is made to an assessment, the secretary of the board must notify the assessed owner of the change.

Jarbeau said he had not notified Weir of the change.

The next passage states the board can made a decision on changes to the assessment only after it is satisfied the owner of the assessed property has had "adequate notice of the change" and either has no objection to the change or does not wish to contest it.

Nevertheless, the board approved McDonald's motion that the appeal should continue at that time, and later upheld the newer assessed value.

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