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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 - 2- 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. -3- 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 " -4-