(A) The Council may defer the payment of any special assessment on homestead property owned by a person who is 65 years of age or older, or who is retired by virtue of permanent and total disability, and the City Administrator is hereby authorized to record the deferment of special assessments where the following conditions are met.
(1) The applicant must apply for the deferment not later than 30 days after the assessment is adopted by the Council.
(2) The applicant must be 65 years of age, or older, or retired by virtue of permanent and total disability.
(3) The applicant must be the owner of the property.
(4) The applicant must occupy the property as his or her principal place of residence.
(5) The projected amount of the first year’s installment of principal and interest will exceed 1% of the applicant’s income from all sources and the applicant’s income from all sources does not exceed the low income limit as established by the Department of Housing and Urban Development for uses in determining the eligibility for Section VIII housing purposes.
(B) The deferment shall be granted for as long as period of time as the hardship exists and the conditions as aforementioned have been met. However, it shall be the duty of the applicant to notify the City Administrator of any change in his or her status that would affect eligibility for deferment.
(C) The entire amount of deferred special assessments shall be due within 60 days after loss of eligibility by the applicant. If the special assessment is not paid within 60 days, the City Administrator shall add thereto interest at the rate originally certified from the due date through December 31 of the following year and the total amount of principal and interest shall be certified to the County Auditor for collection with taxes the following year. Should the applicant plead and prove, to the satisfaction of the Council, that full repayment of the deferred special assessment would cause the applicant particular undue financial hardship, the Council may order that the applicant pay within 60 days a sum equal to the number of installments of deferred special assessments outstanding and unpaid to date (including principal and interest) with the balance thereafter paid according to the terms and conditions of the original special assessment.
(D) The option to defer the payment of special assessments shall terminate and all amounts accumulated, plus applicable interest shall become due upon the occurrence of any one of the following:
(1) The death of the owner when there is no spouse who is eligible for deferment;
(2) The sale, transfer or subdivision of all or any part of the property;
(3) Loss of homestead status on the property; or
(4) Determination by the Council for any reason that there would be no hardship to require immediate or partial payment.
(Prior Code, § 2.73) (Ord. 44, Third Series, effective 3-24-1988; Ord. 146, Third Series, effective 3-18-1993)