HomeMy WebLinkAboutOrdinance No. 19555ORDINANCE N0, 19555
AN ORDINANCE CONCERNING DEFERRAL OF ASSESSMENTS;
AMENDING SECTIONS 7.195, 1.205, 7.21D, 7.215, AND
x'.220 OF THE EUGENE CODE, 1971; AND PROVIDING AN
EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 7.195, 7.205, 7.210, 7.215, and 1.220 of the Eugene
Code, 1971, are amended to provide:
7.195 Local Im rovements - Deferral, Extension, or Modification of Pa ment
of Assessment - Eli ibilit far Im rovement Assistance Pro rams.
~1} For purposes of the improvement assistance programs described
~n this section:
~a} A property owner is a natural person who resides on and
is the sole owner af, or a husband and wife who reside on and one
ar both of whom exclusively own, real property regarding which
assessment payments are brought within, or proposed to be brought
within, the programs.
fib} Federal poverty level income is the income established
for an owner, owners who are husband and wife, or owners} with
dependents as set forth in the publication of the U. S, Department
of Health and Human Services entitled "Poverty Income Guidelines
by Family Size" or any successor replacement publication.
.~2} To the extent that funds are available in the Local Improve-
ments Assistance fund, deferral, extension, or modification of payments on
assessments for local improvements, for assessments under section 7.154 and
for nuisance abatement liens shall be accorded eligible real ro ert owners.
. P P Y
. ~a} To,be el~g~ble for deferral of assessment payments under
this subsection:
1. The real property owner shall be sixty-two X62} years
of age or more, or, i f a husband and wife, one shat 1 be so;
2. The owner's annual income may not exceed thirty-five
percent X35/} of the latest Lane County median family income
recognized on July 1 of each year by the Department of Housing
and,Urban Development, or forty percent ~4D%} of that median
family income if the owner is a husband and wife; plus an
additional five percent ~5%} of the lane County median family
income for each dependent residing on the property and related
to the owner by blood or marriage in the first or second
degree;
3. The owner may not, or if the owner is husband and
wife neither may, own assets in addition to the property of
res~ Bence and ~ is household furnishings worth mare than four
~4} times the allowable income under subpart ~a}2. of this
subsection, except that assets producing any part of the in-
come counted in subpart ~a}2. of this subsection shall be ex-
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cluded in determining the amount of assets owned; and
4, The owner may not, or if the owner is husband and
wife neither may, awn fee title or a possessory interest in
other property which is allowed a deferral under this section.
fib} To be eligible for an extension or modification of
assessment payments:
1. The real property owner shall be fifty-five €55j years
of age yr more or, Tf a husband and wife, one shall be sv;
2. The owner's annual income may not exceed fifty-five
percent X55°°/~j of the latest Lane County median family income
recognized on July 1 of each year by the Department of Hauling
and•Urban Development, or sixty percent X60%j of that median
family income ~f the owner is a husband and wife; plus an
additional eight percent ~S%j of the Lane County median family
income for each dependent residing on the property and related
to the owner by blood or marriage in the first or second
degree.
3. The owner may not, or if the owner is husband and
wife neither may, own assets in addition to the property of
residence and its household furnishings worth more than three
~3} times the allowable income under subpart ~b}2, of this
subsection, except that assets producing any part of the inw
come counted in subpart ~b}z, of this subsection shall be ex-
cluded in determining the amount of assets awned; and
4. The owner may not, or if the owner is husband and
wife neither may, own fee title or a possessory interest in
other real property which is allowed a deferral under this
section.
~3j Ta the extent that funds are available in the Sewer Assess-
ment Deferral Loan Program, deferral of payments on assessments for lateral
construction, trunk levy, service connection fees, and other connection
charges shall be accorded eligible real property owners who connect to the
qty's sanitary sewerage system. When in the judgment of the finance officer
the projected demand far assessment deferral under this subsection exceeds
the avai 1 ab1 a funds, priority shal 1 be given to those el i i bl a under art
3 a of thi g p
~ } ~ } ~ s subsect~ on, then to those el ~ g~ bl a under art 3 b of thi s
p ~j~}
subsection,
raj To be eligible for deferral of payments an the full sani-
tary sewer assessment, service connection fees, and other connec-
t~on charges,.the property owner's household income may not exceed
one hundred fifty percent ~ 150%} of the 1 atest federal poverty
i evel income .
fib} To be eligible for deferral of payments on the part of
the sanitary sewer assessment attributable to the ]ateral sewer
system, the property owner's household income may not exceed one
hundred seventy-five percent X115%j of the latest federal povert
Y
level income.
~cj To be eligible for deferral of one-half of the payments
on the part of the sanitary sewer assessment attributable to the
lateral sewer system, the property owner's household income may
not exceed two hundred percent X200%} of the latest federal pov-
erty level income.
~dj The owner may not, or i f the owner i s husband and wife
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neither`may, awn fee title or a possessory interest in ether prop-
erty which ~s allowed a deferral under this section.
1.205 Local Im rovements -Interest on Assessment Pa meets Deferred,
Modified, or Extended.
. ~1j ~An assessment deferred under subsection 1.195~2jta} shall
accrue simple interest of three percent ~3%} per annum from the date it is
leveed unt~1 the deferral ends. The contract required by section 7.200 shall
specify whether the interest is to be paid semi-annually or monthly Burin
the deferral or i g
n one lump sum at the end of the deferral. When the
deferral ends payment of the assessment shall be made as provided in section
7.220. ,
~2j Extended ar modified assessment payments authorized under sub-
section 7.1952}fib} shall be due semi-annually for a term of years not to
exceed twice the number of years remaining on the assessment bondin a ree-
ment as of the d ' ~ g g
ate that the appl~cat~on for extension of payments is sub-
mitted, The amount and date of semi-annual payments to be made shall be as
specified in the contract of extension or modification. Each such ayment
shall include inter p
est accrued to the time of the payment on the unpaid ba1~
once of the assessment. During the first 10 years of the extension, interest
shall accrue at the rate then authorized by section 2.022 of this code. Dur-
ing any period of the extension after the 10 years, interest shall accrue at
three percent ~3%} per annum less than the rate of interest char ed at the
g
beginning of the extension period.
~3} Deferrals under subsection 7.195~3j sha11 accrue simple inter-
est at the annual rate the city pays the state for money the city borrows to
fund the Sewer Assessment Deferral Loan Program. Such interest sha11 accrue
from the date the assessment is levied until the deferral ends and sha11 be
paid at the end of the deferral. When the deferral ends payment of the
amounts deferred sha11 be made as provided in section 7.220.
1.210 Local Im rovements - Termination of Deferral, Extension ar
Modification of Assessment Pa meets. A deferral, extension, ar
modification of assessment payments shall end if:
raj The owner of the parcel of real property for whom the
deferral, extension, or modification is granted defaults in erform-
. p
ing the contract pertaining thereto under section 7.200;
fib} The owner ceases to be eligible for the deferral, exten-
s~on, or mod~f~cat~on under section 7.195;
~c} The owner transfers to any other party fee title or a
possessory interest ~n the parcel to which the deferral, extension,
or mod~f~cat~on pertains;
~d} Title to the parcel passes to another party by devise or
intestate succession, except that the deferral under part 7.195
~2}raj shall eat be terminated so long as the owner occupies the
parcel as a s~ ng1 e-family dwelling.
fie} The parcel far which a deferral was granted under subsec-
tion 1.1912} ar 1.191~3j is used for a purpose other than the use
existing at the time the deferral was granted.
~f} The parcel far which a deferral was granted under subsec-
tion 1.191~4~ has access to the street through a driveway, or is
Ordinance - 3
used fora purpose other than asingle-family residence, or is par-
titioned to create new lots fronting on the street for which the
assessment was levied; or
.fig} The parcel for which a deferral has been granted under
section 7.1975} ~s subject to one of the following changes:
~. A land division or redivision either by a subdivi-
sion or major or minor partition is filed by the owner;
2. A sanitary sewer lateral system becomes usable by
the parcel;
3. A dedicated roadway is extended to provide access
to the parcel located within 160 feet of the sewer; yr
4. An application is made for a permit to connect
existing or proposed improvements on a portion of the parcel
to the sewer system of the city.
~h} The owner of the parcel for which deferral or modifica-
tion or extension has been allowed under section 1.195 fails to
comply with the requirement of section 7.215 to provide records
demonstrating continued eligibility as determined by section 7.195,
~i} The owner of the parcel far which a deferral was granted
under subsection 1.1916} fib} and ~c} makes application for a sewer
connection permit.
7.215 Local Im rovements - Deferral, Extension, or Modification of
Assessment Pa ments - Investi ation of Continued Eli ibilit . The
finance officer periodically shall review all available records relating to
the income and assets of the real property owner for which deferral, exten-
sion, or modification of assessment payments has been allowed under section
7.195 to ascertain that the property owner continues to meet the eligibility
standards. Within thirty X30} days after request is made by the finance
officer, the property owner shall submit such records as the finance officer
shall request pertaining to the owner's income and assets.
7.220 Local lm rovements - Deferral, Extension, ar Modification of
Assessment Pa ments -Liens.
~1} Any assessment for which payments have been deferred, extended,
or mod~f~ed under sect~an 1,195 or section 7.197 shall be alien on the prop-
erty to which the assessment pertains. Except as provided in subsection
7.2202} and except as provided in subsection 7.2203}, when such an assess-
ment becomes due under section 7.210, the entire unpaid principal plus inter-
est shall be due and payable and it may be enforced and collected as though
it has not been deferred, extended, or modified and as though no timely
application was made to pay the assessment in installments.
~2} When a deferral, extension or modification of assessment pay-
ments given under subsection 7.1952} ends far the reasons in subparts ~b},
~g}2, ~g}3, ~g}4 and ~i} of section 7.210, the real property owner may pay
the assessment and interest thereon as provided in section 7.190 from the
date the deferral, extension ar modification ended.
. ~3} When an,owner eligible for deferral under subsection 7.1953}
fails for two consecutive years to be eligible for the deferral previously
granted, only the portion of the deferral for which the owner is no longer
eligible plus accrued interest thereon shall be paid as provided in subsec-
Ordinance - 4
tion 1.190~2~. If the owner fails to make the payments as provided in subsec~
tion 7.190~2~, the finance officer may collect the entire amount of the city's
lien against the owner's property as provided in subsection 7.2252}.
Section 2. The City Recorder, at the request of, or with the concur-
rence of the City Attorney, is authorized to administratively correct any
reference errors contained herein, or in other provisions of the Eugene Code,
1911, to the provisions amended, added or repealed herein.
Section 3. ~n accordance with the provisions of Section 39 of the
Eugene Charter of 1976, this Ordinance shall be effective six ~5~ months
from the date of its adoption by the Council, and shall not apply to an im-
provement authorized by the Council prior to that effective date.
Passed by the City Council this
23rd day of May, 1988
G~ .
,0~. i y Recorder
Approved by the Mayor this
23rd day ofay, 1988:
ordinance - 5