Table of Contents s486

SWARTLAND

MUNICIPALITY

PROPERTY RATES

BY-LAW

TABLE OF CONTENTS

1. DEFINITIONS 2

2. EFFECTIVE DATE 7

3. RATING OF PROPERTY 7

4. GUIDING PRINCIPLES 7

5. LIABILITY OF RATES 9

6. CLASSIFICATION OF SERVICES AND EXPENDITURE 10

7. CATEGORIES OF PROPERTIES AND OWNERS 11

8. CRITERIA TO BE APPLIED FOR THE DETERMINATION OF DIFFERENT CATEGORIES OF PROPERTIES FOR THE PURPOSE OF LEVYING DIFFERENT RATES 13

9. EXEMPTIONS: SPECIFIC CATEGORIES OF

RATEABLE PROPERTIES 14

10. EXEMPTIONS: CATEGORIES OF OWNERS 18

11. REBATES 19

12. CATEGORIES OF OWNERS 22

13. APPLICATIONS FOR EXEMPTION/REBATES 23

14. REDUCTION: CATEGORIES OF OWNERS 24

15. CRITERIA TO BE APPLIED WHEN RATES ARE

TO BE ADJUSTED 24

16. PROPERTIES USED FOR MULTIPLE PURPOSES 25

17. PAYMENT ARRANGEMENTS 25

18. USE UTILISATION OF PROPERTY 26

19. SHORT TITLE 26

SWARTLAND MUNICIPALITY

PROPERTY RATES BY-LAW

1. DEFINITIONS

(1) For the purpose of this By-law, unless the context indicates otherwise, any word or expression to which a meaning has been attached in the Act shall bear the same meaning and means:-

“agricultural purpose”, in relation to the use of a property, excludes the use of a property for the purpose of eco-tourism or for the trading in or hunting of game;

“annually” means once every financial year;

“category” –

(a) in relation to property, means a category of property determined in terms of section 8(2) of the Act;

(b) in relation to owners of property, means a category of owners determined in terms of section 15(2) of the Act;

“conservation area” – a protected area listed in terms of section 10 of the Protected Areas Act, No 52 of 2003;

(a) a nature reserve established in terms of the Nature and Environmental Conservation Ordinance, no 19 of 1974; or

(b) any land which is zoned as open space zone II or III in terms of the Municipality’s zoning scheme regulations, provided that such protected areas, nature reserves or land, with the exception of tourism facilities that may have been erected thereon, are exclusively utilised for the preservation of fauna and flora and the products of such land are not being traded for commercial gain.

“exclusion”, in relation to a municipality’s rating power, means a restriction of that power as provided for in sections 16 and 17 of the Act;

“exemption”, in relation to the payment of a rate, means an exemption granted in terms of section 15(1)(a) of the Act;

“financial year” means the period starting from 1 July in a year to 30 June of the next year;

“local community”, in relation to a municipality—

(a) means that body of persons comprising—

(i) the residents of the municipality;

(ii) the ratepayers of the municipality;

(iii) any civic organisations and non-governmental, private sector or labour organisations or bodies which are involved in local affairs within the municipality; and

(iv) visitors and other people residing outside the municipality who, because of their presence in the municipality, make use of services or facilities provided by the municipality; and

(b) includes, more specifically, the poor and other disadvantaged sections of such body of persons.

“local municipality” means a municipality that shares municipal executive and legislative authority in its area with a district municipality within whose area it falls, and which is described in section l55(1) of the Constitution as a category B municipality;

“market value”, in relation to a property, means the value of the property determined in accordance with section 46 of the Act;

“multiple purposes”, in relation to a property, means the use of a property for more than one purpose as contemplated by section 9 of the Act;

“municipal council” or “council” means a municipal council referred to in section 18 of the Municipal Structures Act;

“municipal property” is property registered or which vests in the name of Swartland Municipality;

“municipality”—

(a) as a corporate entity, means a municipality described in section 2 of the Municipal Systems Act; and

(b) as a geographical area, means a municipal area demarcated in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998);

“municipal manager” means a person appointed in terms of section 82 of the Municipal Structures Act;

“occupier”, in relation to a property, means a person in actual occupation of a property whether or not that person has a right to occupy the property;

“owner”—

(a) in relation to property referred to in paragraph (a) of the definition of “property”, means a person in whose name ownership of the property is registered;

(b) in relation to a right referred to in paragraph (b) of the definition of “property”, means a person in whose name the right is registered;

(c) in relation to a land tenure right referred to in paragraph (c) of the definition of “property”, means a person in whose name the right is registered or to whom it was granted in terms of legislation; or

(d) in relation to public service infrastructure referred to in paragraph (d) of the definition of “property” in the Act, means the organ of state which owns or controls that public service infrastructure as envisaged by the definition in the Act of the term “publicly controlled”;

provided that a person mentioned below shall for the purposes of this Act be regarded by the municipality as the owner of a property in the following cases:

(i) a trustee, in the case of a property in a trust excluding state trust land;

(ii) an executor or administrator, in the case of a property, in a deceased estate;

(iii) a trustee or liquidator, in the case of a property, in an insolvent estate or in liquidation;

(iv) a judicial manager, in the case of a property, in the estate of a person under judicial management;

(v) a curator, in the case of a property, in the estate of a person under curatorship;

(vi) an usufructuary or other person in whose name a usufruct or other personal servitude is registered, in the case of a property that is subject to a usufruct or other personal servitude;

(vii) a buyer, in the case of a property that was sold and of which possession was given to the buyer pending registration of ownership in the name of the buyer;

“permitted use”, in relation to a property, means the limited purposes for which the property may be used in terms of –

(a) any restrictions imposed by –

(i) a condition of title;

(ii) a provision of a town planning or land use scheme; or

(iii) any legislation applicable to any specific property or properties; or

(b) any alleviation of any such restrictions;

“property” means—

(a) immovable property registered in the name of a person, including, in the case of a sectional title scheme, a sectional title unit registered in the name of a person;

(b) a right registered against immovable property in the name of a person, excluding a mortgage bond registered against the property;

(d) public service infrastructure;

“rate” means a municipal rate on property envisaged in section 229(1)(a) of the Constitution;

“rateable property” means property on which a municipality may in terms of section 2 of the Act levy a rate, excluding property fully excluded from the levying of rates in terms of section 17 of the Act;

“rebate”, in relation to a rate payable on a property, means a discount on the amount of the rate payable on the property;

“reduction”, in relation to a rate payable on a property, means the lowering of the amount for which the property was valued and the rating of the property at that lower amount;

“residential property” means property included in a valuation roll in terms of section 48(2) of the Act as residential; and

“special geographical areas” the geographical areas known as Jakkelsfontein and Grotto Bay;

“The Act” means the Local Government Municipal Property Rates Act, 2004 (No. 6 of 2004) any amendments thereof.

(2) In this by-law, a word or expression derived from a word or expression defined in subsection (1) has a corresponding meaning unless the context indicates that another meaning is intended.

EFFECTIVE DATE

2(1) In terms of section 3(2) of the Act this by-law shall take effect on the effective date of the first valuation roll prepared and accepted by the municipality in terms of the Act.

RATING OF PROPERTY

3(1) Section 2 of the Act renders power to the municipality to levy a rate on property, subject to the provisions of:-

(a) section 229 and other applicable provisions of the Constitution;

(b) the provisions of the Act; and

GUIDING PRINCIPLES

4(1) The levying of a rate on a property is an exclusive power of the municipality which will be applied –

(a) optimally and expansively within the municipality ; and

(b) with due regard to the total income pool of the municipality.

(2) The rating of property will be done impartially, fairly, equitably and without bias, and these principles also apply to-

(a) the setting of criteria for exemptions, reductions and rebates contemplated in section 15 of the Act.

(3) The rating of property will be implemented in a way that:-

(a) is developmentally orientated;

(b) it supports sustainable local government by providing a stable and buoyant revenue source within the discretionary control of the municipal council; and

(4) Property rates will be levied to –

(a) correct the imbalances of the past; and

(b) minimise the effect of rates on the poor.

(5) Rates will be raised in proportion to the improved value of the property.

(6) The rates tariff will be based on the value of all rateable properties and the amount required by the municipality to balance the operating budget after taking in account profits generated on trading and economic services and the amounts required to finance exemptions, rebates, reductions and phasing-in of rates as approved by council from time to time.

(7) Trading and economic services will be ringfenced and tariffs and service charges calculated in such a manner that the income generated covers the cost of the services or generates a profit.

(8) Property rates will be used to finance community services.

(9) Profits on trading and economic services can be used to subsidise community services.

(10) The provision for working capital and bad debts must relate to the requirements for community services and not to those of trading and economic services.

(11) The income base of the municipality will be protected at all costs by limiting reductions, exemptions and rebates.

LIABILITY OF RATES

Method and time of payment

5(1) Rates levied will be recovered in periodic instalments of equal amounts over the financial year.

(2) Instalments are payable on or before the last day of every month, following the month in which the rate have been raised.

(3) Interest will be charged on payments received after the due date in accordance with the provisions of the municipality’s credit control and debt collection policy.

Annual Payment Arrangements

5(4) By prior arrangement with the municipality rates may be paid in a single amount before 30 September of the year it is levied in.

(5) Applications for the payment of rates in a single amount must be submitted before 31 May of each year.

(6) The Head Financial Services may consider applications, received after 30June in terms of 5(5), for approval.

Liability for rates

5(7) The owner of the property is liable for the payment of rates levied on a property in terms of section 24 of the Act.

(8) Payments however may be recovered from tenants, occupiers and agents of the owner subject to the conditions described in sections 28 and 29 of the Act.

Interim Valuation Debits

5(9) In the event that a property has been transferred to a new owner and rates emanating from an interim valuation became due and payable, the previous owner as well as the new owner will jointly and separately be held responsible for the settlement of the interim rates account.

Developments

5(10) The developer of a property will be liable for all rates raised on the development until the individual units are transferred to the new owners including properties which must be transferred to the Municipality in terms of the land use ordinance and a development agreement.

CLASSIFICATION OF SERVICES AND EXPENDITURE

6(1) To prevent the subsidisation of trading and economic services from property rates the following classification of services and expenditure will be maintained.

Classification of Services

6(2) The Chief Financial Officer shall, subject to the guidelines provided by the National Treasury, Generally Accepted Municipal Accounting Practice (GAMAP) and Executive Mayor, provide for the classification of services into the following categories:-

(i) Trading services;

(ii) Economic services; and

(iii) Community services.

(3) Trading and economic services will be financially ring-fenced and financed from service charges while community and subsidised services will be financed from profits on trading and economic services, regulatory fees and rates and rates related income.

Categorisation of Expenditure

6(4) Expenditure will be classified in accordance with GAMAP.

Cost centres

6(5) Cost centres will be created to which the costs associated with providing the service can be allocated as follows:-

(a) Department;

(b) Section/service; and

(6) The subjective classification of expenditure, each with unique votes and sub-votes, will be applied to all cost centres.

CATEGORIES OF PROPERTIES AND OWNERS

7(1) In terms of sections 8(1) and 15(1) read in conjunction with section 19 of the Act the municipality must determine different categories of rateable property or owners to facilitate the levying of differential rates and determination of criteria for exemptions, reductions and rebates.

Categories of property

7(2) The categories of rateable property may in terms of section 8(1) of the Act include categories determined according to the –

(a) use of the property;