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HomeMy Public PortalAbout416CITY OF MEDINA ORDINANCE NO.416 AN ORDINANCE AMENDING SECTIONS 715.01, ET. SEQ., OF THE MEDINA CODE OF ORDINANCE RELATING TO SPECIAL ASSESSMENT DEFERMENTS The City Council of the City of Medina Ordains as follows: SECTION I: The code of ordinances of the city of Medina is amended by deleting the ftricken language and adding the underscored language as follows: Section 715.01. Purpose of Deferment. The Medina cGity cGouncil hereby finds that there is a need to establish a procedure permitting deferment of special assessments pursuant to Minnesota Milifk Statutes 44422 114,24 Sections 435.193-435.195 in cases where they immediate payment thereof would may create a hardship for qualifying elderly or disabled homeowners. To be eligible to apply for a deferment, a person must be the owner of homestead property and be 65 years of age or older or retired by virtue of a permanent and total disability, and it must be a hardship to make the assessment payments. For this purpose, a permanent and total disability is a medically verified condition which is permanent and which totally prevents the individual from working at an occupation that affords theperson an income. Section 715.03. Application. Application for deferred assessment shall be made to the cGity Council administrator upon forms prescribed by the Hennepin County Depeftment of Finance and by the cGity Council and shall contain true statements of such information as is requested thereon. Application for deferment of assessments beginning in any year shall be made by September 15 of the preceding year. Section 715.05. Approval of Deferment. The cGity administrator Council shall recommend approveal or disapproveal of each application on the basis of whether payment of the assessment would constitute a hardship;. No person shall be deemed to have a hardship unless his or her income, as determined by the applicant's most recent federal or state income tax return, is no more than 60 percent of the median income for the Minneapolis -St. Paul metropolitan area, as determined by the United States Department of Housing and Urban Development, adjusted for family size, and the average annual payment for all assessments on the property exceeds 1-1/2 percent of the applicant's adjusted gross income. For this purpose, the average annual payment of assessments shall be the aggregate of all assessments levied against the property, excluding interest, divided by the term of years of each assessment. No person shall be considered to have a hardship if he or she participates in the Minnesota senior citizen property tax deferral program. based upon family income, assets, expenses, and other they may indicate hardship, including but not limited to eligibility requirements for public assistance and government indeces on various standards of living. Following Ordinance No. 416 October 3, 2006 1 receipt of the city administrator's recommendation, tThe °City council shall act upon each application. may grant a deferment in whole or in part. Section 715.07. Interest. Interest as provided by law at the rate determined by the city council at the time the assessment is established, shall continue to accrue upon any principal amount of special assessment which may be deferred until the same is paid. Section 715.09. Termination. The deferment shall terminate and all principal amounts accumulated plus accrued applicable interest shall become due upon occurrence of any of the following: death of the owner, provided the surviving spouse is not eligible for deferment; sale, transfer or subdivision of the property or any part thereof; loss of homestead status for the property; or determination by the cGity cGouncil that a hardship no longer exists. Section 715.11. Funding. The cGity cGouncil may annually transfer to the appropriate bond repayment funds from the general fund, amounts equal to the deferred assessments, including principal and interest. The cGouncil may levy for such amounts to reimburse the general fund, in addition to all other levies. The gGeneral (Fund shall be reimbursed for such transfer upon payment of the deferred assessments, including principal and interest. Section 715.13. Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, improve, convert, use or occupy any building or structure subject to these regulations without having paid the dDeferred cGonnection cEharges as required by ordinance herein. SECTION II: This ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City of Medina this 3rd day of October, 2006. Bruce D. Workman, Mayor ATTEST: Chad M. Adams, City Administrator -Clerk Published in the South Crow River News this 9th day of October, 2006. Ordinance No. 416 October 3, 2006 2