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An ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Administrative Code of Allegheny County, Article 207, entitled “New Board of Property Assessment Appeals and Review,” §5-207.01, entitled “New Board of Property Assessment Appeals and Review created; purposes”, and Article 209, entitled “Office of Property Assessments,” §5-209.04, entitled “Responsibilities of the Office of Property Assessment,” in order to improve the objectivity and transparency of the assessment appeals process by fully separating administration of the assessment appeal process from staff within the Office of Property Assessments.
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Whereas, Article X, §5 of the Home Rule Charter of Allegheny County mandates that “There shall be a Board of Property Assessment, Appeals and Review consisting of seven members. The Board shall exercise all powers and duties that the County’s Board of Property Assessment, Appeals and Review had before the effective date of this Charter unless those powers and duties are modified by ordinance or by law.”; and
Whereas, Article 207 of the Administrative Code of Allegheny County, first enacted in 2000, establishes the basic powers, duties and function of the Board of Property Assessment Appeals and Review (“BPAAR”); and
Whereas, Section 5-207.07.A. expressly indicates that “[t]he new Appeals Board shall have the power and its duty shall be to…[h]ear all cases of appeals from assessments and tax exemption status determination in accordance with its rules and regulations governing appeals as provided in §5-207.06 of this Administrative Code”; and
Whereas, Article 207, §207.07.A does not expressly permit the Appeals Board to manage the appeals process in any way; and
Whereas, it is thus the judgment of Council that Article X, §5 of the Charter and the Administrative Code clearly establish that BPAAR has a statutory power and duty to hear appeals; and
Whereas, it is also, however, the judgment of Council...
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