Ord #286 Admin code amendments - Laserfiche WebLink

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(a) The council may defer the payment of any special assessment on homestead property owned by a person who is 65 years of age or older, or who is retired by virtue of permanent and total disability; and the city clerk is authorized to record the deferment of special assessments where the following conditions are met: (1) The applicant must apply for the deferment not later than 90 days after the assessment is adopted by the council. (2) The applicant must be 65 years of age, or older, or retired by virtue of permanent and total disability, which shall be deemed prima facie to exist when the applicant presents a statement by a medical doctor attestingthat the that fact or by submittal of a copy of a social security disability certification. (3) The applicant must be the owner of the property. (4) The applicant must occupy the property as his principal place of residence. (5) There must be a hardship for the applicant to make the payments. A hardship shall be deemed prima facie to exist when Tthe applicant's income from all sources shall not exceed the low income limit as established by the department of housing and urban development as used in determining the eligibility for section VIII housing. In determining a hardship the City Council may also consider exceptional and unusual circumstances pertainingto an applicant not covered by the above standards but any such determination shall be made in a non- discriminatory manner and shall not give the applicant an unreasonable preference or advantage over other applicants. (b) The deferment shall be granted for as long a period of time as the hardship exists and the conditions as mentioned in subsection (a) of this section have been met. However, it shall be the duty of the applicant to notify the city clerk of any change in his status that would affect eligibility for deferment. (b) The entire amount of deferred special assessments shall be due within 60 days after loss of eligibility by the applicant. If the special assessment is not paid within 60 days, the city clerk shall add thereto interest at eight percent per annum from the due date through December 31 of the following year and the total amount of principal and interest shall be certified to the county auditor for collection with taxes the following year. Should the applicant plead and prove, to the satisfaction of the council, that full repayment of the deferred special assessment would cause the applicant particular undue financial hardship, the council may order that the applicant pay within 60 days a sum equal to the number of installments of deferred special assessments outstanding and unpaid to date (including principal and interest) with the balance thereafter paid according to the terins and conditions of the original special assessment. ORD 286 16