926.02 POWERS AND DUTIES OF THE CAPITAL COST SURCHARGE HARDSHIP COMMITTEE.

   (a)   The Capital Cost Surcharge Hardship Committee shall hear requests for hardship deferment from the payment of lump sum capital cost surcharges as established by any provision of these codified ordinances. If the Hardship Committee finds that timely payment of a lump sum capital cost surcharge will cause a hardship upon the person responsible for payment, it may by majority vote provide for deferred payment of all or part of the amount of the capital cost surcharge upon any of the following terms:

      (1)   The Hardship Committee may permit the payment of the capital cost surcharge over a period of time as established by the Committee;

      (2)   The Hardship Committee may permit the deferment of payment of the lump sum capital surcharge until:

         A.   Such future date or dates as it considers reasonable;

         B.   Such time as the property is sold or transferred by the applicant at which time the applicant shall pay the lump sum capital surcharge;

         C.   Such time as the property becomes subject to estate taxes under Chapter 5731 of the Revised Code or any successor thereto.

      (3)   The Hardship Committee may not approve of any payment plan that would result in the payment over time of less than the full amount of the applicable capital cost surcharge established by these Codified Ordinances.

   (b)   A hearing on a hardship deferment application shall be heard by the Hardship Committee within sixty (60) days after the application is filed. The applicant shall be notified of the date and time of the hearing by regular mail at the address supplied by the applicant with his application. At the hearing, the applicant shall be permitted to present evidence of financial hardship caused by the requirement to make lump sum payments. The Hardship Committee shall make a decision on the application within thirty (30) days after the hearing.

   (c)   Any charges, fees, or other costs incurred by the City as a result of additional accounting requirements or borrowing made necessary by the deferment shall be added to the amount of the capital cost surcharge and collected in the same manner as the capital cost surcharges as provided by the Hardship Committee. The amount of any portion of the surcharge deferred under this section shall be a lien upon the property until full payment is received by the City.

(Ord. 67-2009. Passed 7-27-09.)