HomeMy WebLinkAbout031 - 04/04/1978 - ESTABLISHING A PROGRAM FOR DEFERMENT OF SPECIAL IMPROVEMENT DISTRICT AND SIMILAR ASSESSMENTS FOR LOW ORDINANCE NO. 31 , 1978
BEING AN ORDINANCE ESTABLISHING A PROGRAM
FOR DEFERMENT OF SPECIAL IMPROVEMENT
DISTRICT AND SIMILAR ASSESSMENTS FOR
LOW INCOME PROPERTY OWNERS
WHEREAS, Chapter 16 of the Code of the City of Fort
Collins provides for the organization of special improvement
districts for the purpose of installing public works and
improvements; and
WHEREAS, such chapter further provides for assessing
all or part of the cost of such public works and improvements
against the property specially benefited thereby; and
WHEREAS, said Chapter 16 was enacted pursuant to the
provisions of Article XII , Section 3, of the Charter of the
City of Fort Collins, and
WHEREAS, failure of property owners to pay assessments
so made against property in the City causes the property to
be sold at tax sale, and it has been the experience of the
City that the City often receives the tax certificate from
such tax sale because no one else bids on such properties
and ultimately this often results in the City acquiring
title to such property, and
WHEREAS, the failure of property owners to pay special
assessments when due is normally because the property owners
do not have sufficient income to pay such assessments, and
WHEREAS, the City is not organized in such a manner as
to efficiently administer property not devoted to municipal
uses and the displacement of low income citizens and their
families from their housing because of tax sales is not in
the best interests of the City; and
WHEREAS, the interests of the City would better be
served if a program could be established to defer special
assessments for owners of property who meet low income
criteria, provided that the assessments are ultimately paid
on account of the property assessed
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS
Section 1 Deferment of Payment Authorized. Notwith-
standing any other requirement of any ordinance of the City,
a property owner meeting the qualifications set forth in
Section 4 of this ordinance may defer the payment of any
special assessment levied against his residence pursuant to
Chapter 16 or Sections 95-37 through 95-46 , inclusive, of
the Code of the City of Fort Collins Such deferment shall
be accomplished as provided in this ordinance
Section 2 Ownership by More Than One Person. If a
residence is owned by more than one person, all owners must
reside on the property and each must meet the qualifications
set forth in Section 4 of this ordinance
Section 3 Deferment Only for Residence No propertv
owner shall be eligible for a deferment of assessments under
this ordinance in connection with any property not occupied
by such person as his residence at the time of application
for such deferment If an applicant for deferment has
previously received a deferment of assessments under this
ordinance in connection with another property, he shall not
be entitled to a deferment of assessments on the new property
until all assessments previously deferred in connection with
such other property have been paid in full.
Section 4 Eligibility for Deferment. In order to be
entitled to a deferment of assessments under this ordinance ,
an applicant must meet the following qualifications at the
time of application
A The applicant shall not own real or personal
propertv of an aggregate value of more than $5,000. 00 ,
excluding his residence , furniture and clothing
B The applicant 's net taxable income shall not
exceed the following
Family Size Income Limit
1 2,970
2 4 , 270
3 5 ,860
4 7 , 230
5 8 , 540
6 9 ,980
7 and over 1,440 per person
Section 5 Application Any person desiring to defer
assessments on his residence under this ordinance shall make
application for such deferment to the Director of Human
Resources of the City on forms supplied by the City The
Director of Human Resources shall determine whether the
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applicant is eligible for the deferment. If he determines
the applicant is eligible, he shall certify such determination
to the Director of Finance.
Section 6. Execution of Lien. The Director of Finance
shall require the applicant and all other owners of the
property to execute a written lien in favor of the City
against the property in the amount of the assessment against
the property. Such lien shall be recorded in the records of
the Clerk and Recorder of Laramer County.
Section 7. Payment by the City. Upon receiving and
recording the lien required in Section 6 of this ordinance,
the Director of Finance shall pay to the assessment district
from the general fund of the City the amount of the deferred
assessment. He shall then note on the assessment role that
such assessment has been deferred and the assessment shall
not be payable until the deferment expires as provided in
this ordinance
Section 8. Deferred Assessment A Lien Against Property.
Any assessment deferred pursuant to this chapter shall be a
lien against the property from the time of passage of the
assessing ordinance until fully paid. The same shall be
totally due and payable at such time as the owner of the
property transfers or conveys the same to any other person.
For the purpose of this section, any change in ownership, by
deed, will, inheritance, operation of law or otherwise, shall
be considered a change in ownership, and the entire assessment
shall thereupon become fully due and payable, provided, however,
that in the case of transfer of title to the premises -by
reason of death of the owner, the person to whom the property
is so transferred may have the assessments against the property
deferred in accordance with this ordinance.
Section 9 Enforcement At such time as the assessment
becomes due and payable pursuant to Section 7 of this ordinance,
the City may enforce collection of any unpaid assessment by
foreclosing the lien given pursuant to Section 5 of this
ordinance or by certifying the amount of such assessment for
collection to the County Treasurer as in the case of any other
assessment or by any other means available.
Section 10. Lien to Continue Until Payment of Assessment
The deferment of any assessment pursuant to this ordinance
shall not release the lien of such assessment against the
property, and such lien shall continue at all tunes against
the property until the amount of such assessment is fully paid.
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Section 11. Interest on Deferred Assessment. Any assess-
ment deferred hereunder shall bear no interest from the date
of application for deferment.
Section 12. Rules and Regulations. The Director of
Finance is hereby authorized and empowered to make and enforce
such rules and regulations, not inconsistent with the terms of
this ordinance, as he may deem necessary for the implementation
of this ordinance.
Section 13. Assessments Transmitted to County. In the
event that a property owner desires to defer an assessment
which has been transmitted by the City to the County Treasurer
for collection, the property owner, upon making application
for deferment and meeting the eligibility criteria set forth
in Section 4 of this ordinance shall be entitled to receive
a deferment of the assessment in accordance with the terms and
conditions of this ordinance, provided that in such event, the
following provisions shall be applicable
A. Upon certification to the Director of Finance
of eligibility of an applicant for deferment of assessment,
the Director shall take all necessary steps to have such assess-
ment removed from the County assessment role and shall further
require the applicant to execute a lien against the property
in the amount of the assessment against the property, which
lien shall be recorded in the records of the Clerk and Recorder
of Larimer County.
B Any assessment deferred hereunder shall bear no
interest from the date of application for deferment
Introduced, considered favorably on first reading, and
ordered published this 21st day of March A.D. 1978, and
to be presented for final passage on the th day of April,
A D 1978
Mayor
ATTEST
i
ity erk
Passed and adopted on final ding thss 4 h day of April,
A.D. 1978
AT ST. � ayor
f
Ci y Clerk "
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