[HISTORY: Adopted by the City of Isanti 2-18-2020 by Ord. No.
724.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 276, Special
Assessments, adopted by Ord. No. 161, amended 4-16-2002 by Ord. No.
257, as subsequently amended.
A.
The Council may defer the payment of any special assessment on homestead
property owned by a person who is 65 years of age or older, or a person
who is retired by virtue of permanent and total disability, or military
persons meeting the criteria under Minn. Stat. § 435.193,
as amended from time to time. The City Clerk is hereby authorized
to record the deferment of special assessments where the following
conditions are met:
(1)
The applicant must apply for the deferment not later than 90 days
after the assessment is adopted by the City Council.
(2)
The applicant must be 65 years of age or older, retired by virtue
of permanent and total disability, or meet the military deferral standard
in Minn. Stat. § 435.193.
(3)
The applicant must be the owner of the property.
(4)
The applicant must occupy the property as his principal place of
residence.
(5)
The average annual payment for assessments levied against the subject
property exceed 1% of the adjusted gross income of the applicant as
evidenced by the applicant's most recent federal income tax return.
The average annual payment of an assessment shall be the total cost
of the assessment divided by the number of years over which it is
spread.
B.
The deferment shall be granted for as long a period of time as the
hardship exists and the conditions aforementioned have been met. However,
it shall be the duty of the applicant to notify the City Clerk of
any change in status that would affect eligibility for deferment.
C.
The entire amount of deferred special assessments shall be due within
60 days after loss of eligibility by the applicant. If the special
assessment is not paid within the 60 days, the City Clerk shall add
thereto interest at a per annum interest rate according to the terms
and conditions of the original special assessments, and the total
amount of principal and interest shall be certified to the County
Auditor for collection with taxes the following year. Should the applicant
demonstrate to the satisfaction of the Council that full repayment
of the deferred special assessment would cause the applicant particular
undue financial hardship, the Council may order that the applicant
pay within 60 days a sum equal to the number of installments of deferred
special assessments outstanding and unpaid to date, including principal
and interest, with the balance thereafter paid according to the terms
and conditions of the original special assessments.
D.
The option to defer the payment of special assessments shall terminate
and all amounts accumulated plus applicable interest shall become
due upon the occurrence of any one of the following:
(1)
The death of the owner when there is no spouse who is eligible for
deferment.
(2)
The sale, transfer or subdivision of all or any part of the property.
(3)
Loss of homestead status on the property.
(4)
Determination by the Council for any reason that immediate or partial
payment would impose no hardship.
