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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending the Administrative Code by providing for independent review and certification of fair market values.
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Whereas, the original Administrative Code of Allegheny County (the “Code”) had created, at Chapter 205, a board known as the Property Assessment Oversight Board (“PAOB”); and
Whereas, the County repealed Chapter 205 of Code and disbanded the PAOB in its entirety by Ordinance No. 06-03; and
Whereas, the County deems it to be in the public interest to create an agency of the County, to be known as the Property Assessment Certification Board, which shall be charged with, among other things, providing for independent review and certification of fair market values of real property within the County for purposes of property assessment; and
Whereas, Article IV, Section 6 of the Allegheny County Home Rule Charter vests County Council with the power to adopt by ordinance, and amend as needed, an Administrative Code that provides for a complete plan of organization, departmental structure and operation of County government.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by reference as set
forth in their entirety herein.
Section 2. Insertion of Article 205 of the Administrative Code.
A. Article 205 of the Administrative Code is inserted to read as follows:
§ 205.01 Property Assessment Certification Board Created
There is herby created as an agency of the County to become effective upon the effective date of this legislation, a Property Assessment Certification Board, hereinafter referred to as the “Board”.
§ 205.02 Qualifications of Board Members; Appointments; Terms
A. The Board shall consist of 5 (five) members, each of whom shall be a resident of Allegheny County and an active, licensed real estate broker or an active, licensed real estate appraiser having at least five years experience. Additionally, no member may be an employee of Allegheny County or any Authority over which the Chief Executive has power of appointment;
B. The Chief Executive shall appoint two (2) members, who shall be confirmed by a majority of the seated members of County Council. For the initial appointment, one (1) of these appointments will serve a two (2) year term and one (1) will serve a four (4) year term;
C. The majority caucus of County Council shall appoint one (1) member, who for the initial appointment will serve a four (4) year term. The minority caucus of County Council shall appoint one (1) member, who for the initial appointment will serve a two (2) year term. Both appointments shall be confirmed by a majority of the seated members of County Council.
D. After their confirmation, the two (2) Chief Executive appointees and the two (2) County Council appointees shall jointly appoint one (1) member, who shall be confirmed by a majority of the seated members of County Council. For the initial appointment, this member will serve for three (3) years.
E. -Members shall serve fixed terms of 4 years, following the expiration of their initial terms, and only may be removed for cause including, without limitation, violation of the law, violation of professional ethics, malfeasance, misfeasance, or influence peddling. Members shall be eligible to serve only two consecutive terms and may be reappointed after the fourth anniversary of the expiration their most recent term.
F. No member shall be paid wages, stipends, allowances, per diems or fringe benefits, but may be reimbursed for reasonable and necessary expenses actually incurred as a result of their service as members, in accordance with the County's Travel Policy issued by the County Manager, as may be amended from time to time.
§ 205.03 Organization of the Board
For its initial appointment, the Board shall organize at its first meeting, and thereafter on the first business day of January of each year, by electing one (1) of its members as Chair, one (1) as Vice Chair and one (1) as Secretary.
§ 205.04 Powers and Duties of Board
A. The Board shall confirm or reject the appointment of the Chief Assessment Officer by the County Manager;
B. The Board shall certify, in a timely fashion, assessments as determined by the Office of Property Assessment (OPA) as having been made in accordance with the Assessment Standards and Practices Ordinance;
C. The Board shall ensure that the assessments, as determined by the OPA, meet industry benchmarks and goals, including, without limitation, the County's Common Level Ratio, the Coefficient of Dispersion, and the Price Related Differential. The OPA shall submit all relevant information to the Board in a timely manner, so that the Board adequately may perform its analyses required by applicable law and this Administrative Code;
D. The Board shall have no power or authority to increase, decrease or otherwise modify any individual assessment;
E. The Board shall perform and exercise such other powers and duties as may be conferred or imposed upon it by applicable law and the provisions of this Administrative Code; and
F. The Board shall provide annual reports by March 1 of each year to the Chief Executive and County Council detailing the activities of the Board.
§ 205.05 Solicitor to the Board; Duties
The County Solicitor shall designate an Assistant County Solicitor to serve as Solicitor to the Board, who shall advise upon all such legal matters as may be submitted by the Board and shall prosecute and defend any litigation involving the Board. In the event that a conflict between the County and the Board arises, as certified by the County Solicitor, the Board may appoint one (1) or more special counsel to serve at its pleasure for so long as the conflict exists, as determined by the County Solicitor. Such special counsel shall be an attorney at law admitted to practice in the Courts of the Commonwealth and shall be a member in good standing of the Bar of the Supreme Court of Pennsylvania
§ 205.06 Compliance with County Policies and Procedures.
All members shall abide by County policies and procedures as set forth in the Administrative Code, as may be amended from time to time, and as may be implemented by the County Manager, including without limitation, the Accountability, Conduct and Ethics Code, the County fiscal procedures set forth in Article VIII of this Administrative Code and the purchasing policy and procedures set forth in Article IX of this Administrative Code.
Section 3. Effective Date.
This Ordinance shall take effect immediately upon adoption.
Section 4. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered
severable from the remaining provisions of this Ordinance which shall be in
full force and effect.
Section 5. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Resolution.