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HomeMy WebLinkAboutResolution 91-73RESOLUTION NO, 91-73 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL Tnereas, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons ownin§ homestead properties who are 65 years of aEe or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishinE standards and Euidelines for determininE the existence of a hardship and for determininE the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: This deferral procedure shall apply only to assessments which are payable in five or more annual installments. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be of the same nature as would qualify the applicant for a homestead exemption for tax purposes. This deferral procedure shall apply only to homestead property owned by a person 65 years of aEe or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4 This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and Euidelines herein so lonE as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantaEe over other applicants. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the Anoka County Auditor. If no such form is available, the City Assessor of Columbia Heights shall prescribe the appropriate form. In ErantinE a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charEed on the deferred assessment. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the followinE events: the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; Resolution No. 91-73 Page 2 b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. No deferral may be granted unless the homeowner makes application to the City Assessor within thirty (30) days after adoption of the assessment by the Council. The deferral shall apply to only 50~ of the annual installment payment. If the 50Z is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $13,600.00 11. No deferral may be continued from year to year unless the o~ner shall file a renewal application before September 15th of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. Passed this qth day of Offered by: Ruettimann Seconded by: Clerkin Roll Call: Ali ayes December , 19 91 . ~-Anne Student, Counc~Secre ary Edward M. Carlson, Mayor I hereby certify that the above is a true and correct copy of a resolution adopted by._.the City Council of the City of Columbia Heights on the ~2~ day of , 19 ~/ . William J. Elrite, City Clerk