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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 -2-