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HomeMy WebLinkAboutOrdinance No. 19784ORDINANCE N0. 19184 AN ORDINANCE CONCERNING LOCAL IMPROVEMENT ASSISTANCE PROGRAMS AND SEWER USERS; AND AMENDING SECTIONS 7.010, 7.190, AND 1.195 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The definitions of "Sanitary sewer user, " "Sewer user, " and "Water user" set forth in Section 1.010 of the Eugene Code, 1971, are amended to provide 7.014 Definitions. For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this sec- tion: Sanitary sewer user. The owner, Occupant, or other person authorized to request services or responsible for the payment therefor of a foci 1 i ty which discharges directly or indirectly to the city sanitary sewerage system, or has a sanitary sewer avail- abl a as provided i n section fi.070 of this code. Sewer user. The owner, occupant, ar other person authorized to request services or responsible for the payment therefor of a a facility which discharges directly or indirectly to the city sanitary sewerage system, or has a sanitary sewer available as pro- vided i n section fi.070 of this code. Water user. Except for public water districts that purchase water at bulk rates, the owner, occupant, or other person author- i zed to request services or responsible for the payment therefor of any property or facility inside or outside the city using water directly or i ndi rect1y provided by the Eugene Water & E1 ectri c Board or by another water uti 1 i ty or district. Section 2. Subsection ~2} of Section 1.190 of the Eugene Cade, 1911, is amended to provide 7,190 Local Improvements -Assessments - Levy and Notice Thereof. ~2} Unless otherwise sped f ied b~,...th~.,..~_..~~~~ ~~~~~~~_.......__ i s code ar by assessment ordi - nance, reference in this code to making assessment or lien payments in in- stallments shall mean paying the obligation in up to twenty X20} semi-annual installments including principal and interest at the rate set under section 2.022 of this code. Section 3 . Section 1.195 of the Eugene Code, 1911, i s amended to pro - Ordinance - 1 vide: 7.I95 Local Im rovements -Deferral Extension or Modification of Pa meet of Assessment -Eli i bi l i t for Im ravement Assistance Pro rams. ~1} For purposes of the improvement assistance programs described in this section: ~a} A property owners} i s one or more natural persons wha reside on real property that i s assessed and who hold t i t1 a to the property in fee simple, by tenancy in common, by the entirety, for life or other similar estate, or wha are purchasing such title by 1 and sale contract. ~ b} Federal poverty 1 evel income i s the income established for an owner ~ s } with ar without dependents as set forth i n the pub- 1 i cati an of the U. S. Department of Health and Human Services en- titled #'Poverty Income Guidelines by Family Size" or any successor replacement publication . ~~} To the extent that resources are available in the fund for assistance with local improvements, deferral, extension, ar modification of payments on assessments for local improvements, for assessments under sections 1.055 and 1.I54 and for nuisance abatement 1 lens shall be accorded eligible real property owners. ~a} To be eligible for deferral of assessment payments under this subsection: 1. At least one of the property owner ~ s } shall be s i xty- twa X62} years of age or more; 2. A single property owners}'s annual income may nit exceed thirty-five percent ~35~} of the latest Lane County median family income recognized on July 1 of each year by the Department of Housing and Urban Development. If there i s more than one property owner, their combined annual income may not exceed forty percent ~40~} of that median family income. These maximum annual incomes may be increased by an additional five percent ~5~} of the lane County median family income for each dependent who i s not a property owner ~ s } and who resides on the property and i s related tv the property awner~s} by blood or marriage i n the first or second degree; 3. Nine of the property owners} may awn assets in addi- tion to the property of residence and its household furnish- i ngs worth mare than four ~4} times the allowable income under subpart ~ a } 2 of this subsection, except that assets producing any part of the income counted in subpart ~a}~. of this sub- secti on shat 1 be excluded i n determining the amount of assets owned; and 4 . None of the property owner ~ s } may own ar have a pos - sessory interest i n other real property which i s al 1 owed a deferral under this secti an. fib} To be eligible for an extension or modification of assessment payments: 1. At least one of the property owners} shall be f i fty- f i ve ~ 55 } years of age or mare; 2. A single property owners}'s annual income may not exceed fifty-five percent X5590} of the latest Lane County Drdinance - 2 median f ami 1 y income recagn i zed on July 1 of each year by the Department of Housing and Urban Development . I f there i s more than one property owner, their combined annual income may not exceed sixty percent ~60~'0} of that median family i ncame. These maximum annual incomes may be increased by an additional eight percent ~S'ti} of the lane County median family income for each dependent who i s not a property owner ~ s } and who resides on the property and i s rei ated to the property owners} by blood or rnarri age i n the first or second degree, 3 . None of the property owner ~ s } may own assets i n add i - t i on to the property of residence and its household furnish - i ngs worth more than three ~3} times the al i owabl a income under subpart ~b}~. of this subsection, except that assets producing any part of the income counted i n subpart ~ b} ~ . of this subsection shall be excluded i n determining the amount of assets owned; and 4 . None of the property owner ~ s } may own or have a pos - sessory interest in other real property which is allowed a deferral under this section. ~3} To the extent that funds are avai l ab1 e i n the Sewer Assessment Deferral Loan Program, deferral of payments on assessments for 1 ateral con- struction, trunk levy, service connection fees, and other connection charges shall be accorded eligible property owners}. when in the judgment of the finance officer the projected demand for assessment deferral under this sub- secti on exceeds the avai 1 abl a funds, priority shall be given to those el igi - ble under part ~3} ~a} of this subsection, then to those eligible under part ~3}fib} of this subsection. ~a} To be eligible for deferral of payments on the full sani- tary sewer assessment, service connection fees, and other connec- tion charges, the property owners}'s household income may not exceed vne hundred fifty percent ~ 150%} of the latest federal poverty level income. fib} To be el igib1e for deferral of payments on the part of the sanitary sewer assessment attributable to the lateral sewer system, the property owner ~ s }' s household income may not exceed one hundred seventy-five percent ~ 115} of the 1 atest federal poverty level income . ~c} To be eligible for deferral of vne-half of the payments on the part of the sanitary sewer assessment attributable to the 1 ateral sewer system, the property owner ~ s }'s household income may not exceed two hundred percent X200%} of the 1 atest federal pov- erty 1 evel income. ~d} None of the property owners} may own or have a posses- sory interest i n other property which i s al 1 owed a deferral under this section. Section 4. The City Recorder, at the request of, or with the concur- rence of the City Attorney, may administratively correct any reference errors contained herein or i n other provisions of the Eugene Code, 1971, to the pro- Ordinance - 3 visions added, amended or repeal ed herein . Passed by the City Counci thi s 24th day of June, X991 6'~,, City Recorde Approved by the Mayor this 24th day of June, 1991 A Mayor Ordinance - 4