HomeMy WebLinkAbout07-09 Special Assessment DeferralCITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
July 25, 2007
No. 07-09
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A RESOLUTION APPROVING A SPECIAL ASSESSMENT DEFERRAL POLICY
WHEREAS, the City of Falcon Heights uses special assessments in order to construct public infrastructure, such as streets, sewers, sidewalks, and other public facilities; and
WHEREAS, these assessments can sometimes cause a financial hardship to those on fixed incomes; and
WHEREAS, State of Minnesota Statute 435.19 allows cities to adopt policies allowing for the deferral of special assessments in certain circumstances; and
WHEREAS, the City of Falcon Heights currently has a policy but desires to amend it;
NOW, THEREFORE BE IT RESOLVED that the City of Falcon Heights hereby establish the standards and guidelines for determining the eligibility for special assessment deferrals:
1. In order to request a deferral of an assessment, the homeowner must request a deferment before the close of the public hearing adopting the special assessment roll. The request must
be made on the form on file with the City of Falcon Heights; and
2. The deferral procedure shall apply only to property owned and occupied by persons 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; and
3. The property must be the applicant’s principal place of domicile and classified on the real estate tax rolls as the applicant’s homestead; and
4. The applicant must submit federal income tax returns from the year prior to the assessment to verify that all sources of income do not exceed the low income limits (currently 80%
of median income based on household size) for Ramsey County as established by the Department of Housing and Urban Development; and
5. No special assessment shall be deferred for a period longer than the time set by the City Council; and
6. Interest on deferred assessments shall be subject to and charged at the interest rate set by the city council on its resolution adopting the special assessment, and such interest
shall accrue on said principal until the special assessment is paid in full; and
7. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated and interest shall become due and payable upon the occurrence of
any of the following events:
a. The sale, transfer, or subdivision of the property or any part thereof, or the property is in any way conveyed to another person;
b. The subject property loses its homestead status for any reason;
c. The death of the owner qualified for the deferral status unless a surviving spouse is eligible for benefits hereunder; or
d. If for any reason the City Council determines that there would be no hardship to require an immediate or partial payment of the deferred special assessment.
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Moved by: Approved by: ________________________
Susan L. Gehrz, Mayor
July 25, 2007
GEHRZ 4 In Favor Attested by: ________________________
KUETTEL Justin Miller
HARRIS 0 Against City Administrator
LINDSTROM July 25, 2007
TALBOT - absent