(A) A Utility Services Hardship Committee is hereby established, which committee shall have the authority to defer or waive in whole or in part, certain service charges for service work performed by the city, or, at the city’s direction, upon a finding of a financial hardship.
(B) The Utility Services Hardship Committee shall consist of 3 members. The first member of the Committee shall be the President of the City Council, and he or she shall serve as the Chairperson of the Committee. The second member shall be the Director of the city’s Department of Public Works. The third member shall be appointed by the City Council after recommendation of the Mayor. This member of the Committee 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 or land contract vendee who would be otherwise required to be financially responsible for any repair work, maintenance or replacement of any sanitary sewer, water or storm water facility, line, meter, hydrant, connection or otherwise, and who shall believe that he or she is financially unable to pay such costs, may apply to the Utility Services Hardship Committee by application form provided by the Committee through the office of the City Clerk, for a deferment or waiver of the costs.
(1) The application shall be signed by the applicant under oath or by an adult child on behalf of a parent.
(2) The application shall be accompanied by all relevant financial records of the applicant including but not necessarily limited to the following:
(a) A copy of the applicant’s last federal tax return;
(b) A summary of the applicants income and sources of income;
(c) A summary of all bank accounts and interests in stocks, bonds and real estate.
(3) The application, pursuant to M.C.L.A. § 15.243(1)(a) shall not be made available for public inspection unless released by action of the City Council or except by court order.
(D) Upon the submission of an application pursuant to this section, the Clerk shall notify the Committee Chairperson, and the Chairperson shall then establish a date and time for a hearing on the merits of the application. The Clerk shall give written notice of the date and time of the hearing to the applicant by first class mail.
(E) In the event that a majority of the Committee shall affirmatively determine that as a result of a financial hardship of the applicant, considering the total financial resources of the applicant, the present and anticipated income of the applicant, the age and physical condition of the applicant, and any other factor as the Committee shall feel appropriate in determining the financial ability of the applicant to pay the costs which he or she would otherwise be required to pay, the Committee may grant a total or partial waiver of the costs, or, may grant a total or partial deferment of the costs as the Committee shall deem advisable and reasonable.
(1) In the event that any portion of the costs are deferred the Committee shall establish the terms upon which the costs are to be paid, and may take a lien or mortgage security interest on the real property of the applicant for the sum deferred.
(2) Interest shall accrue on all costs deferred at the rate of 6% per annum unless the Committee shall reduce or waive this interest as it shall deem advisable and reasonable.