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Page 8 <br />It shall be presumed that a property owner is retired from employment by virtue of a <br />permanent and total disability if: <br /> <br />a) The individual has in fact retired from employment; and <br />b) The individual suffers from the total and permanent loss of the sight of both eyes, the <br />loss of both arms at the shoulder, the loss of both legs so close to the hips that no <br />effective artificial members can be used, completed and permanent paralysis, total and <br />permanent loss of mental faculties, or any other injury which totally incapacitates the <br />person from working at an occupation which brings an income. <br /> <br />The owner of the properties must provide proof and verify under oath that he or she <br />qualifies under the criteria defining a permanent and total disability. In cases where <br />exceptional and unusual circumstances exist, the City Council may determine that a <br />permanent and total disability exists despite the fact that the definitional requirement of <br />Section 2, B(3) are not met; such cases shall be decided by the Council on a case-by-case <br />basis. <br /> <br />HARDSHIP: It shall be presumed that a hardship exists if: <br /> <br />a) The annual assessment installment exceeds one (1) percent of the previous year’s total <br />adjusted gross incomes, for Federal Income Tax purposes, for all owners of the property; <br />in no event shall “total adjusted gross income” include social security benefits, railroad <br />retirement benefits, retirement benefits attributable to employee contributions, <br />disability benefits, personal injury awards, or worker’s compensation payments. <br />b) All live owners of the property verify, under oath, that they meet the criteria for <br />establishing a hardship by completing an application provided by the City or the County. <br /> <br />In cases where exceptional and unusual circumstances exist, the City Council may <br />determine that a hardship exists despite the fact that the minimum income requirements of <br />the Hardship Section are not met; such cases shall be decided by the Council on a case-by- <br />cases basis. <br /> <br />INTEREST: Interest shall be charged on any assessment deferred pursuant to this document at a <br />rate equal to the rate charged on other assessments for the particular public improvement <br />project the assessment is financing. <br /> <br />TERMINATION OF DEFERMENT: The option to defer the payment of special assessments <br />pursuant to this document shall terminate and all installment amounts previously deferred, and <br />applicable interest, shall become due upon the occurrence of any of the following events: <br /> <br />a) The request of the property owner. <br />b) The death of the property owner who qualifies for the deferral, providing the surviving <br />owner is otherwise not eligible for the deferral. <br />c) The sale, transfer, or subdivision of the property or any part thereof. <br />d) The loss of homestead status of the property. <br />e) The City determines that a hardship no longer exists.