HomeMy WebLinkAbout2017-133RESOLUTION NO. 2017 -133
A resolution of the City Council for the City of Columbia Heights, Minnesota,
WHEREAS, immediate payment of special assessments or installments on special assessments cast an
undue hardship on some persons owning homestead properties who are 65 years of age 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 establishing standards and guidelines for determining the existence of a hardship and for
determining the existence of a disability.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. This deferral procedure shall apply only to assessments which are payable in five or more
annual installments.
2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired,
or disabled applicant. Ownership and occupancy must be the same nature as would qualify the
applicant for a homestead exemption for tax purposes.
3. This deferral procedure shall apply only to homestead property owned by a person 65 years of
age 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
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 Clerk.
6. 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.
7. No deferral may be granted unless the homeowner makes application to the City Clerk within
thirty (30) days after adoption of the assessment by the Council.
8. 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 annual installment along with all future installments shall
become immediately due and payable.
9. No deferral shall be granted to any owner who has a gross annual household income from all
sources in excess of $34,700.
10. No deferral may be continued from year to year unless the owner shall file a renewal
application before September 15th of each year.
11. 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.
12. 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.
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Passed this 11th day of December, 2017
Offered by: Williams
Seconded by: Buesgens
Roll Call: All Ayes
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Donna K. Schmidt, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary