HomeMy WebLinkAboutOrdinance 308 - Senior and Disability Assessment Deferral CHAPTER III - PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 308 SENIOR AND DISABILITY ASSESSMENT DEFERRAL................ 308-1
Section 308.01: PURPOSE......................................................................................... 308-1
Section 308.02: AUTHORITY................................................................................... 308-1
Section 308.03: DEFINITIONS.................................................................................. 308-1
Section 308.04: AUTHORIZATION TO DEFER....................................................... 308-1
Section 308.05: DEFERRAL PROCESS .................................................................... 308-1
Section 308.06: INTEREST........................................................................................ 308-1
Section 308.07: ASSESSMENT NOT SUBJECT TO DEFERRAL............................ 308-2
Section 308.08: FINANCIAL HARDSHIP................................................................. 308-2
Section 308.09: TERMINATION OF DEFERRAL .................................................... 308-2
Section 308.10: ADOPTION OF STATUTES............................................................ 308-2
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CHAPTER III - PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 308 SENIOR AND DISABILITY ASSESSMENT DEFERRAL
Section 308.01: PURPOSE. It is the purpose and intent of this Ordinance to establish a
policy and procedure for the deference of payment of special assessments for homestead
property owned by a person 65 years of age or older, or retired from gainful employment
because of a permanent disability, and for whom payment would constitute an unreasonable
hardship.
Section 308.02: AUTHORITY. This Ordinance is enacted in accordance with the
authority granted by Minnesota Statute Secs. 435.193 - 435.195
Section 308.03: DEFINITIONS. As used herein, the following terms have the following
meaning:
Subd. 1: Owner. Is any natural person with at least a 50 percent interest in the legal or
equitable title to a parcel of real property.
Subd. 2: Homestead. Is the house occupied by an Owner and used by the Owner as his
or her principal dwelling place, together with the land upon which it is situated, not to exceed
forty acres.
Subd. 3: Disabled Owner. Is an Owner who has been determined to have a disability for
purposes of the receipt of Social Security Benefits in accordance with the rules and procedures
set forth in 42 USC § 421.
Section 308.04: AUTHORIZATION TO DEFER. An assessment for a public
improvement of homestead property of which the Owner is age 65 or older or a Disabled Owner,
may be deferred by the City upon a finding that the payment of the assessment would impose an
unreasonable financial hardship on the Owner.
Section 308.05: DEFERRAL PROCESS. An Owner seeking deferral shall make
application on forms prescribed by the Stearns County Auditor. Upon application, the Owner
shall complete a financial disclosure form. Based upon the information set forth therein, the City
Council shall make a finding as to financial hardship and grant or deny the deferment. The City
Administrator/Clerk shall advise the County Auditor of any deferments granted by the City. The
application for deferral shall be submitted no later than September 1st of the year before which
the assessments are due.
Section 308.06: INTEREST. Interest shall accrue on the principal amount of any
deferred assessment at the same rate established for the assessment, as if no deferment was
granted.
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CHAPTER III - PUBLIC PROPERTY & IMPROVEMENTS
Section 308.07: ASSESSMENT NOT SUBJECT TO DEFERRAL. Assessments in a
total principal amount of Three Thousand and no/100 ($3,000.00) Dollars or less shall not be
subject to deferral.
Section 308.08: FINANCIAL HARDSHIP. The assessment shall be considered to cause
an unreasonable financial hardship if the City determines that any of the following circumstances
exist:
Subd. 1: The average annual principal and interest payment which will be due on the
assessment is in excess of three (3%)percent of the combined annual income of the Owner and
all adults residing at the property with the Owner; or
Subd. 2: Exceptional and unusual circumstances, which will force the Owner to make an
involuntary and unplanned expenditure of assets, including but not limited to, uninsured medical
expenses for a major illness or uninsured loss or destruction of the Owner's house, or the
accumulation of prior assessments currently payable.
Section 308.09: TERMINATION OF DEFERRAL. The deferral of assessments shall
terminate, and the mature assessment principal payments and accrued interest shall become due
and payable, upon the occurrence of any of the following events:
Subd. 1: The death of the Owner, provided that the Owner's spouse is not otherwise
eligible for deferment.
Subd. 2: The sale, transfer or subdivision of the property, or any part thereof.
Subd. 3: If the property no longer qualifies as the Owner's Homestead, or
Subd. 4: If the City determines that financial hardship no longer exists.
Section 308.10: ADOPTION OF STATUTES. The provisions of this Ordinance shall be
construed in accordance with Minn. Stat. § 435.191 - § 435.195. The provisions of these statutes
are adopted hereby, as if fully set forth herein, subject to any modification contained herein.
Updated 1/15/97
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