(A) Generally. The owner of a single-family residence, in which residence the owner resides and upon which a connection charge has been imposed, may submit a hardship application to the city seeking a deferment of the payment of the connection charge provided for in § 51.04, based upon a showing of financial hardship, subject to and in accordance with the following.
(B) Specifically.
(1) The owners of the premises shall, under oath, complete a hardship application provided by the City Council, and file the application, together with all other information and documentation reasonably required by the city, with the city at the time of application for connection to the system. An application shall be completed and filed by each and every legal and equitable interest holder in the premises, excepting financial institutions having security interests in the premises.
(2) Hardship applications shall be reviewed by the City Council, and after due deliberation of hardship applications, the City Council shall determine, in each case, whether there has been an adequate showing of financial hardship, and shall forthwith notify the applicants of the determination.
(3) An applicant aggrieved by the determination of the City Council may request the opportunity to appear before the City Council in person for the purpose of showing hardship and presenting any argument or additional evidence. A denial of hardship following such a personal appearance before the City Council shall be final and conclusive.
(4) If the City Council makes a finding of hardship, the City Council shall fix the amount of partial or total deferment of the charge so imposed, and in so doing, shall require an annual filing of financial status by each applicant, providing that upon a material change of financial status of an applicant, the applicant shall immediately notify the City Clerk so that a further review of the matter may be made by the City Council, and provided further that the duration of the deferment granted shall be self-terminating upon the occurrence of any one of the following events:
(a) A change in the financial status of any applicant which removes the basis for financial hardship;
(b) A conveyance of any interest in the premises by any of the applicants, including the execution of a new security interest in the premises or extension thereof; or
(c) A death of any of the applicants.
(5) Upon a determination of the City Council deferring all or part of the charges imposed, the owners of the premises shall, within one month after the determination, execute and deliver to the city as the secured party a recordable security instrument covering the premises, guaranteeing payment of the deferred amounts on or before the death of any of the applicants, or, in any event, upon the sale or transfer of the premises. The security interest shall guarantee payment of an amount necessary to cover all fees and charges deferred and all costs of installation and connection, if applicable, the consideration for the security interest being the grant of deferment pursuant to Chapters 51 through 53.
(1995 Code, § 58-222) (Ord. 57, passed 8-18-1977)