HomeMy WebLinkAboutResolution 98-116RESOLUTION NO. 98 - 116
BEING A RESOLUTION ESTABLISHING S~NIOR CITIZENS OR R~TIKED
AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DgFERRAL
Whereas, in~oediate payment of special assessments or installments on special assessments cast an undue
hardship onsomepersons owning homestead properties who are 65 years of age or older or retiredbyvirtue
of a permanent and total disability for whom it would he a hardship to make payments, and
Whereas, Minnesota Statutes 5435.193 - 435.195 ~akes it possible for a home rule charter city top ass a
resolution establishing standards and guidelines for determining the existence of a hardship and for
determining the existence of a disability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH~ CITY OF COLUMBIA HEIGHTS:
1. This deferral procedure shall apply only to assessments which are payable in five or more
installmants.
2. This deferral procedure shall al~ly only to pro~erty owned and occupied by the elderly, retired,
or disabled applicant. Ownership and occupancy must be of the same nature as would qualify the
ap~licant for a homestead exe~tion for tax purposes.
3. This deferral procedure shall apply only to h~nestead property owned by a person 65 years of age
or older or retire~byvirtue of s 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 guidelines herein
so long as determination is made in a nondiscriminatory manner and does not give the applicant an
unreasonable preference or advantage over other applicants.
5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms
prescribed by the City of Columbia Heights Assessment Clerk.
6. In granting a deferred assessment, the Council shall determine in its resolution approving the
assessment roll the amount of interest, if any, to be charged on the deferred assessment.
7. 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 following events:
a. the death of the owner, provided that the spouse is not otherwise eligible for benefits
hereunder;
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
d. if for any reason the City shall determine that there would be no hardship to require
immediate or partial payment.
8. No deferral may be granted unless the homeowner makes application to the City Assessment'Clerk
within thirty (30) days after adoption of the assessment by the Council.
9. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in
a timely manner, the balance of the A--ual installmant alo~ with all future installments shall
become imme~iately 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 ~17,200.00.
11. No deferral may be continued from year to year unless the owner 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 asses~oent ro11, and such interest shall be added to the amount deferred and shall be paid in
accordance with Minnesota Statute 5435.195 and this Resolution.
Passed this 14th day of December, 1998.
Offered by: Szurek
Seconded by:
Roll Call: Sturdevant
cretary
~(devant, l~ayo r '