HomeMy WebLinkAbout106 - 01/03/1974 - RELATING TO SPECIAL IMPROVEMENTS FOR LOCAL ASSESSMENTS AND PROVIDING A RIGHT TO DEFER PAYMENT OF SUC r
ORDINANCE NO 106 1973
BEING AN ORDINANCE RELATING TO SPECIAL IMPROVEMENTS
FOR LOCAL ASSESSMENTS AND PROVIDING A RIGHT TO DEFER
PAYMENT OF SUCH ASSESSMENTS TO CERTAIN PROPERTY OWNERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1 Notwithstanding any other requirement of any
ordinance of the Citf, a property owner meeting the qualifications set
foitr in § 106-3 of the Code of the City of Fort Collins may defer the pay-
ment of any special assessment levied against his residence pursuant to
Chapter 16 or § 95-37 through 95-46, inclusive, of the Code of the City
of Fort Collins
Section 2 If a residence is owned by more than one person,
all owners must reside on the property and each must meet the qualifica-
tions set forth in § 106-3 of the Code of the City of Fort Collins, pro-
vided that in the case of a residence owned by a husband and wife if
either qualifies under said section the right to deferment shall apply
Section 3 No property 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 Nor shall any person who has applied for and received a
deferment in connection with any property be entitled to defer assessments
on any other property, owned by him
Section 4 Any property owner desiring to defer assessments on
any residence hereunder shall make applicatioi, for deferment to the
Director of Finance of the City on forms/supplied by the Director of
Finance Applications for deferment of assessments may be made at any
time after the ordinance making the assessment against the property is
finally passed and before the�date the assessment role is transmitted
to the County Treasurer for -ollection No application may be made or
received by the Director of Finance after the assessment role is trans-
mitted to the County Treasurer
Section S If the Director of Finance determines the applicant
is eligible for a deferment of the assessment, he shall require the appli-
cant and all other owners of the property to execute a lien against the
property in the amount of the 3tiscssment against the property, which
lien shall be recorded in the records of the Clerk and Recorder of
Larimer County
Section 6 Upon receiving and recording the lien required
in Section 5, the Director of Finance shall pay to the assessment district
from the general fund of the City the amount of the assessment He shall
then note on the assessment role that such assessment has been deferred
and the assessment shall not be payable until due under the terms of
this ordinance
Section 7 Any assessment deferred pursuant to this ordinance
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
Section 8 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 S 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 9 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 tines against the property
until the amount of such assessment is fully paid
Section 10 Any assessment deferred hereunder shall bear
no interest from the time of passage of the assessing ordinance until
the same is due, but at all other times shall bear interest at the rate
of six percent (61o) per antrum until fully paid
Section 11 The Director of Finance is hereby authorized
and empowered to make and enforce such rules and regulations, not incon-
sistent with the terms of this ordinance, as he may deem necessary for
the inplementation of this ordinance
Introduced, considered favorably on first reading, and ordered
published this 20th day of December, A D 1973, and to be presented for
final passage on the 3rd day of January, A D 1974
4T'rEST Mayor
City Clerk
Passed and adopted on final reading this 3rd day of January,
A D 1974
ATTEST Mayor
City Ulerk
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