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IV.5. Special Assessment Deferral Request for 1320 Lake St. NE, PID 19-117-21-11-0103, 2017-10 Street Improvement Project; BishopJuly 17,2018 Council Report 201 8-084 Special Assessment Deferral Request 1320 Lake StN E, PID 19-117-21-11-0103 2017 -10 Street Improvement Proj ect The assessment roll for City Projecl2017-10,2018 Street Improvements was adopted by the City Council on May 15, 2018. City Code Section 703.05 allows for deferment of special assessments upon request for any homestead property owned by a person who has not attained the age of65, but is retired as a result ofa permanent and total disability, and it is determined to be a hardship for said owners to make the payments. The hearing notices mailed to all affected property owners stated the procedures to apply for such deferment are available fiom the Assessment Clerk. It was not necessary to file an appeal at the assessment hearing. Mr. Sicard has now applied for the deferment. Mr. Sicard is totally disabled and indicates it is a hardship to pay the special assessment. Mr. Sicard's 2017 income falls below the income limit set in Section 703.05. Primarv Issues to Consider: Should the City grant the deferment?a Supporting Information: . Application for Deferral of Special Assessment . Hopkins City Code Section 703 - Procedwes for the Collection and Deferment of Special Assessments . MN Statutes 438.193 Hardship Assessment Deferral for Seniors, Disabled, or Military Persons o MN Statues 435.195 Termination of Right to Deferred Payment Proposed Action. Staff recommends that the Council approve the followilg motion: Approve the application for Deferral of Soecial Assessment for Mr. Paul Sicard of 1320 Lake St N. E. for as lone as he meets the elieibilitY requirements. 0verview: Council Report 201 8-084 Page two Should the City grant the deferment? Mr. Sicard has provided documentation from the Social Security Administration stating his disabled status as of 4130/2010. Mr. Sicard also demonstrated meeting the frnancial hardship requirements by submitthg 2017 tax retum income forms. Staff recommends granting the deferment. The special assessment of $6,420.56 will be secure by virtue ofa lien filed against the property. This defenal terminates upon Mr. Sicard's death, sale ofthe property, loss ofhomestead status, or his annual income exceeds the annual income limit. This deferral must be renewed annually during the term of the deferment not later than September 30 of each year. t . Approve the special assessment deferment of $6,420.56 for Mr. Paul Sicard of 1320 Lake StN. E., Hopkins MN, PID #19-ll7-21-ll-0103. 2. Do not approve the deferment. Staff recommends altemative #l. Name Title Special AssessmentAccounting Analvsis of the Issues: Alternatives: Lein I CITY OF HOPKINS HENNEPIN COIJNTY, MINNESOTA Application for Defenal of Special Assessment I hereby make application for deferral of special as5ss5rnga11hi5 14th day 6f 20_!!_ for the following assessment: LEVY #19937 - PROJ 2017-10 STREET IMPR $6420.56 June ptD #19-117-21-11-0103 1320 oXFORD ST N. E. I understand that this defenal can only be granted on homestead property if my annual income does not exceed the sum of$29,400.00 as of January 1,2004 (subject to annual adjustment by the Consum,, ' Price Index for the Twin City area), that I am 65 ; ars of age or older, or that I am permanently or totally disabled (regardless of age). I also understand that I must supply verification of my income in the form of my latest Federal Income Tax form, or written income verification from the Social Security Agency, or a copy of my last Social Security check. In the case ofdisability, I must submit verification in the form ofa physician's statement. Furthermore, I understand that I must renew the deferment annually during the term ofthe deferment and all required supporting documents or information must be delivered to the City not later than September 30 ofeach year. Deferred assessments shall accrue simple interest during the deferment period at the rate established for payment of assessments at the time the assessment roll was adopted. Upon failure to renew the deferment certification or upon (a) the death of the owner, provided that the sun'iving or successor orvner is otherwise not eligible for the defermenq (b) the sale, transfer or subdivision of the propertv or any part thereof; (c) if the property should for any reason lose its homestead status; or (d) iffor any reason the City shall determine that there would be no hardship to require immediate or partial payment; the deferment shall terminate and the City Clerk shall promptly certi$ to the County Auditor the amount of the deferred assessment including interest to be inserted on the tax assessment or in full ifthe property was sold or the period oftime for repayment ofthe original assessment has expired. PAUL SICARD (Print name) 1320 OXFORD ST N. E (Signature) 952 939-0769 (Address of pmperty owner) HOPKINS MN (Telephone) zip 55343 Subscribed and swom to before me tlns ,flA aay ofL,2oi-. Notary Public Council Action: ttlARY JAI{E I*IEELER LEIN irotAtY puBllc ' l{l}l}lEBora Emm!g on0oMy 022u13Jaitry _ Deferral granted Deferral denied Date: L J Hopkins City Code @ev August, 20\4) 703 Section 703 - Procedure s for the Collection and Deferment of Special Assessm€qt! 703.01 Pumose. Inasmuch as the City feels it necessary and proper to provide for prepayment ofspecial assessments in whole or in part and to implement a procedure to allow deferment of special assessments in appropriate instances al1 as made and provided for in M.S. Section 429.061 and M.S. Section 435.193 tbrough 435.195, the following provisions are hereby authorized. 703.03 Pre-pa],metrt. At any time prior to certification of the assessment by the City to the County Auditor, an owrer may pre-pay any amormt of the assessment but not less than the lesser of 5100.00 or 25% of the assessment with interest accrued to the payment date, except that no interest shall be charged if such partial payment is made within 30 days from the adoption of the assessment. The balance remaining sha11 be paid in accordance with the schedule adopted by the Ciry Council or as provided in Minnesota Statute Section 429.061, Subd. 3. (Amended Ord. No. 93-724; Amended by Ord. No. 2014- 1073) 703.05. Deferment of Payments.The City Council may in its discretion defer payment of special assessments upon request for any homestead property o$ned by a person 65 years of age or older or retired by virtue of a permanent and total disability in either instance of which the City Council determines it would be a hardship for said owners to make the payments. Such deferment shall be based on the property owrer demonstrating he or she meets the following standards: The annual income of owners requesting a deferment is found not to exceed the sum of $29,400.00 as of January 1, 2004. This amount sha11 subsequendy be adjusted annually by the Consumer Price Index for the Twin City area; Property owners who have not attained age 65, but arc retired as a result of a permanent and total disability must establish such disability by evidence satisfactory to City Council; Deferred assessmelts shall accrue simple interest during the deferment period at the rate established for pqmient ofassessments at the time the assessment roll was adopted. The certification of defermeot shall be renewed annually by the owner during the term of the deferment and all required supporting documents or information delivered to the City not later than September 30 ofeach year. Upon failure to renew ttre deferment certification or upon: (a) the death ofthe owner, provided that the surviving or successor owner is otherwise not eligible for the deferment: (b) the sale, transfer or subdivision ofthe property or any part thereof; (c) if the property should for any reason lose its homestead status; or (d) if for any reason the City shall determine that there would be no hardship to require immediate or partial pa)rment; the deferment shall terminate atrd the City Clerk shall promptly certifo to the County Auditor the amount ofthe deferred assessment including interest to be inserted on the tax rolls and collected in the period of time remaining in the original assessment or in full if the property was sold or the period of time for repayment ofthe original assessment has expired. (Amended Ord 2004- 931) 2 Page I (This Section added through Ord. No. 90-683) I Section 703 MINNESOTA STATUTES 20 17 435.t93 435.193 HARDSHIP ASSESSMENT DEFERRAL FOR SEIYIORS, DISABLED, OR MILITARY PERSONS. (a) Notwithstanding the provisions ofany law to the contrary any county, statutory or home mle charter city, or town, making a special assessment may, at its discretion, defer the payment of that assessment for any homestead property: ( I ) owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments; or (2) owned by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05, subdivision 5b or 5c, as stated in the person's military orders, for whom it would be a hardship to make the payments. (b) Any county, statutory or home rule charter city, or town electing to defer special assessments shall adopt an ordinance or resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence ofa disability, but nothing herein shall be construed to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines where the determination is made in a nondiscriminatory maffIer and does not give the applicant an unreasonable preference or advantage over other applicants. History, 1974c 206 s 7; 1976 c 195 s i; 1981 c 80 s 1; 2008c 154 an 2 s 28 Copyright @ 2017 by the Revisor of Statutes, State of Mimesota. All fughts Reserved. I I MINNESOTA STATUTES 2OI 7 435.195 435.195 TERMINATION OF RIGHT TO DEFERRED PAYMENT. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest, shall become due upon the occurrence ofany ofthe following events: (a) the death of the owner, provided that the spouse is otherwise not eligible for the benefits hereunder; (b) the sale, transfer or subdivision ofthe property or any part thereof; (c) ifthe property should for any reason lose its homestead status; or (d) iffor any reason the taxing authority deferring the payments shall determine that there would be no hardship to require immediate or partial payment. History: 1971 c 206 s 9 Coplright @ 201? by the Revisor ofstatutes, State ofMinnesota. All Rights Reserved.