Any user who has been assessed connection charges under this chapter may submit a hardship application to a committee composed of the City Manager, the Revenue Services Director and the City Attorney, or their designees, seeking a deferment in the partial or total payment of the charges based upon a showing of financial hardship subject to and in accordance with the following:
(a) The user shall complete a hardship application provided by the Revenue Services Director and shall file such application, together with all other required information, with the Revenue Services Director not less than sixty days prior to the due date of the annual installment. Any such deferment shall be for that annual installment only. An application shall be completed and filed by each and every legal and equitable interest holder in the premises so assessed, except financial institutions having a security interest in the premises.
(b) Hardship applications shall be reviewed by the committee, as set forth above, and after due deliberation of such applications, the committee shall determine, in, each case, whether or not there has been an adequate showing of financial hardship and shall forthwith notify the applicant of such determination.
(c) An applicant who is aggrieved by the determination of the committee may request, within ten days from the mailing of the decision of the committee, the opportunity to appear before the committee, in person, for the purpose of showing hardship and presenting any argument or additional evidence. Denial of hardship following such a personal appearance before the committee shall be final and conclusive.
(d) If the committee makes a finding of hardship, the committee shall fix the amount of deferment of partial or total charges so imposed and in so doing shall require an annual filing of the financial status of each applicant. Upon any material change of the financial status of an applicant, such applicant shall immediately notify the Revenue Services Director so that a further review of the matter may be made. The duration of the deferment granted shall be self-terminating upon the occurrence of any one of the following events:
(1) A change of the applicant's financial status which removes the basis for financial hardship;
(2) A conveyance of an interest in the premises by any applicant, including the execution of a new security interest in the premises or an extension thereof, or
(3) A death of any applicant.
(e) Upon receiving a determination of the committee defeming partial or total charges imposed, the user shall, within one month, execute a recordable security interest in the premises to the City as the secured party, payable on or before the death of the applicant, or, in any event, upon any transfer of the premises. Such security interest shall be in an amount necessary to cover all fees and charges required under applicable ordinances, the consideration for such security interest being the grant of deferment pursuant to this section.
(Ord. 14-01. Passed 10-16-01; Ord. 07-2023. Passed 8-1-23.)