The owner of a single-family residence, which residence has been assessed a connection charge, may submit a hardship application to the city seeking a deferment in the partial or total payment of the charges for benefits provided for in this chapter, based upon a showing of financial hardship, subject to and in accordance with the following.
(A) The owners of the premises shall, under oath, complete a hardship application provided by Council and file such application, together with all other information and documentation reasonably required by the city, with the City Council not less than 60 days prior to the date of the annual installment due. Any such deferment shall be for that annual installment only. An application shall be completed and filed by each and every legal and equitable interest holder in the premises, except financial institutions having security interests in the premises.
(B) Hardship applications shall be reviewed by Council, and, after due deliberation of the same, Council shall determine, in each case, whether there has been an adequate showing of financial hardship, and shall forthwith notify the applicant of said determination.
(C) An applicant aggrieved by the determination of Council may request the opportunity to appear before 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 Council shall be final and conclusive.
(D) In the event that Council makes a finding of hardship, Council shall fix the amount of deferment of partial or total charges so imposed, and in so doing, shall require an annual filing of financial status by each applicant, provided that upon a material change of financial status of an applicant, said applicant shall immediately notify the Clerk of the city so that a further review of the matter may be made by 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:
(1) A change of the applicant’s financial status which removes the basis for financial hardship;
(2) 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; and/or
(3) A death of any of the applicants.
(E) (1) Upon receiving a determination of Council deferring partial or total charges imposed, the owners of the premises shall, within one month, execute a recordable security instrument on the premises to the city, as the secured party, payable on or before the death of any of the applicants, or, in any event, upon the sale or transfer of the premises.
(2) Said security interest shall be in an amount necessary to cover all fees and charges required under this chapter, and all costs of installation and connection, the consideration for said security interest being the grant of deferment pursuant to this chapter.
(Ord. passed 4-11-2019)