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Ordinance providing a procedural addition to Chapter 207 of the Administrative Code requiring amendment of the Rules and Regulations Governing Appeals, specifically related to Rule IV on Hearing Procedures, to include a section that provides for further appeal to the Board of Property Assessment, Appeals & Review when an appellant who has filed for a reduction receives an increase in assessment.
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Whereas, Allegheny County’s Home Rule Government has granted great levels of autonomy and independence to the Board of Property Assessment, Appeals & Review Board while retaining the legislative power to establish parameters, such as procedural aspects, within the Legislative and Executive branches; and
Whereas, the purpose of the Board of Property Assessment, Appeals & Review is to provide a timely, affordable and effective forum for resolving questions of real estate assessed value; and
Whereas, some appellants seeking reductions in their property assessment are receiving increases following their appeals with no additional opportunity to appeal other than filing with the Court of Common Pleas; and
Whereas, said increases are occurring because hearing officers have sought out higher-priced sales of comparable properties after the appeals hearings, denying the property owners the opportunity to respond; and
Whereas, existing rules provide that a hearing officer shall not consider, accept into evidence or make a part of the record any report, appraisal, etc. which is not presented prior to or at the hearing.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Article II, Chapter 207, Section 207.06 of the Administrative Code is amended to add Subsection I: “Appeals of Property Assessments, Appeals & Review Board decisions to that body when an appellant who has filed for a reduction receives an increase.”
Section 2. The Board of Property Assessment, Appeals & Review is hereby directed to amend the Rules & Regulations Governing Appeals based on the addition to Chapter 207 of the Administrative Code. The addition is provided so that appellants have an opportunity to respond to evidence used by hearing officers to make their recommendation. This opportunity for appeal shall be used only to address such evidence that was not presented at the initial hearing. The decision notice of the second hearing shall be provided in the same manner as provided for the current notice in the existing rules and regulations. The notice shall advise that the appellant has the right to appeal the decision to the Court of Common Pleas of Allegheny County.
Section 3. This Act shall take effect immediately.
SECTION 4. 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. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.
SPONSORED BY COUNCIL MEMBER VINCE GASTGEB
Enacted in Council, this _______day of ____________________, 2002,
Council Agenda No.__________________
_______________________________
James E. Simms
President of Council
Attest: ________________________________
John Mascio
Chief Clerk of Council
Approved as to form: _______________________________
Terrence McVerry
County Solicitor
Chief Executive Office ___________________________, 20_____.
Approved: _______________________________
James C. Roddey
Chief Executive
Attest: __________________________________
Victoria Spence
Executive's Secretary