(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
HARDSHIP. A financial hardship which in the judgment of the majority of the Hardship Committee shall make it difficult or financially harsh upon a landowner to pay the tap-in charge imposed by city ordinance for connection to the public sanitary sewer system of the city. The Committee in making its determination may consider the total financial resources of the landowner, the present and anticipated income of the landowner, the age and physical condition of the landowner, and other factors as the Committee shall feel appropriate in determining the financial ability of the landowner to pay the cost of connecting to the public sanitary sewer system within the city to which the landowner is required by law to connect.
(B) A Hardship Committee is hereby established, which shall consist of 3 members appointed by the City Council after recommendation of the Mayor. Each member of the Committee should be a resident of the city and shall hold office until the first regular meeting of the City Council in January of each year or until a successor is appointed, whichever is later.
(C) Any landowner who is required to connect to the public sanitary sewer system available for connection to the landowner's property, as defined by state law or city ordinance, who shall believe that he or she is financially unable to pay the tap-in charge or other costs of connection, may apply to the Hardship Committee by application form provided by the Committee through the office of the City Clerk, for deferment of the connection and/or tap-in charge. The application shall be signed by the applicant under oath or by an adult child on behalf of a parent.
(D) The Committee may establish a date of earing which shall be a private hearing between the Committee and the applicant, and the Committee may decide at the hearing or any adjourned date to grant a total or partial deferment of the connection and/or tap-in charge under those conditions as the Committee shall deem advisable and reasonable.
(E) The Committee may provide for temporary deferment of payment of connection and/or tap-in charges or other costs of connection or may provide for deferment until death or sale or transfer of the landowner's parcel and may take a lien and mortgage security on the real property of the landowner for whom the deferment in payment of the tap-in or other costs of connection is granted.
(F) If the applicant shall be purchasing the property under land contract or if the property shall be first subject to a first mortgage, then the Hardship Committee may require the applicant to obtain the consent of the vendor of the land contract or the mortgagee of the mortgage to the imposition of the lien and require that the lien shall be paramount security or equal security to the interest of the vendor or the first mortgage; or the Hardship Committee may waive this requirement and not require the applicant to obtain the consent of the land contract vendor or mortgagee, in which event any lien of the city for the advancement of tap-in charges will be secondary to the interest of the vendor or mortgagee. Interest shall run on all such deferments at the rate of 6% per annum unless the Hardship Committee shall reduce or waive this interest as it shall deem advisable and reasonable.
(G) The hardship application and the findings of the Committee shall not be open for inspection of the public unless released by action of the City Council or except by court order.
(H) Following the determination of the Committee, the landowner will promptly arrange to make the connection to the sanitary sewer, regardless of what decision the Committee shall make, either in favor of deferment or not. In no event shall filing of an application for hardship avoid or delay the obligation to make connection to the sanitary sewer as required by state law or city ordinance.
(Ord. 2019-6-52, passed 1-22-2019)