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Home My WebLink About1981 Ordinance No. 041e , • • • . __ . ..,..... 7A BY AUTHORITY ORDINANCE NO . -"/ / SERIES OF 198 -1~ COUNCIL BILL NO. 42 ---INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE AMENDING THE 1969 ENGLEWOOD MUNICIPAL CODE BY THE ADDITION THERETO OF CHAPTER 1.5 OF TITLE XII PROVIDING FOR THE DEFERMENT OF PAYMENT OF SPECIAL ASSESSMENTS MADE UPON PROPERTY OCCUPIED AS A RESIDENCE BY THE OWNER. WHEREAS, many residents of the City of Englewood have limited property and fixed incomes with which to support them- selves; and WHEREAS, the need for maintenance and improvements to the City of Englewood often results in special assessments being levied against property owners who are on fixed income and for whom the payment of those assessments at the time they are made becomes a difficult burden; and WHEREAS, the City of Englewood wishes to relieve the financial burden to those with limited property and on fixed incomes to the extent possible by allowing deferment of said assessment and payment of said assessment at a time when it is more appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Title XII of the Englewood Municipal Code is hereby amended to add Chapter 1.5 as follows: 12-1.5-1: DEFINITIONS Senior person means a person sixty-two (62) years of age or older. Property owner means a person who owns at least a one-quarter interest in property occupied as his residence. Disabled person means a person who has an inability to engage in any sUbstantial, gainful activity by reason of any medically determinable physical or mental impairment which can be expected . to result in death or which has lasted or which can be expected to last for a continuous p~riod of not less than twelve months. Handicalted person means a person who has a physical or mental disab ity or continuing impairment which constitutes a substantial handicap to employment and substantially limits one or more o f the person's major life activities • Low income person means a person whose income and assets are less than the eligibility limitation established by City Council for persons not senior, disabled or handicapped. . ,., , t -. .... • • • Income means the gross amount of wages, salaries, commissions, fees, tips and bonuses; the net income from operation of a business or profession or real or personal property rental1 interest and dividends; periodic payments such as Social Security, annuities insurance policies, retirement funds, pensions, disability or death benefit, and similar periodic payment; alimony and child support and other determinable payments received from persons not living in the household; any pay or allowance for the support .of the household made to a nonhousehold member; Income shall not include causual spor~dic or irregular gifts1 reimbursement for medical expenses; lump sum additions to family amounts such as inheritances, insurance payments, capital gains and settlement for personal or property losses1 value of food · stamp coupons in excess of their cost; one-half the payment received for participation in volunteer programs of the Federal ACTION Agency. Assets means all real and personal property of a person except that real property occupied as his residence and personal property usually and reasonably necessarily included therein, assets include, but are not limited to, cash, marketable securities, bonds, capital gains, inheritance, lump sum insurance payments, personal or property damag7 sett~ements, equity in real estate other than the property owner s residence, and other nonexempt personal property readily convertible to cash • 12-1.5-2: DEFERMENT OF PAYMENT OF ASSESSMENT AUTHORIZED An eligible property owner may defer the payment of a special assessment levied by the City of Englewood against his property occupied as his residence. The deferment shall be accomplished as set out in this chapter. Assessments which may be def erred are those for special assessment districts which were organized on or after May ·l, 1980. 12-1.5-3: APPLICATION FOR DEFERMENT An eligible property owner may apply for deferment of payment of a special assessment levied by the City of Englewood against his property occupied as his residence. The application for defer- ment shall be accomplished as set out in this chapter. 12-1.5-4: ELIGIBILITY FOR DEFERMENT A property owner may be eligible for assessment deferral if: (a) the property owner is a senior person, a disabled person, or a handicapped person, and that person or family unit which occupies the eligible residence property has assets and income less than the eligi- bility limits for those persons established periodi- cally by the City Council • -2- ....... ~ • • • .. ..,.,., (b) the property owner who occupies the eligible residence property is a low income person with assets and income less than the eligibility limits established for those i:ersonsand established periodically by the City Council. The asset and yearly income eliqibility amounts shall be set periodically (preferably yearly) by ,.the City Council upon the recommendation of the Director of Finance, who shall conaider aa advisory the income level and asset level of sot of the median income level of persons in the metropolitan area. 12-1.5-5: PROPERTY ELIGIBLE FOR ASSESSMENT DEFERMENT Property eliqible for assessment deferment is that which the owne r occupies as his residence at the time of application. If the owner ceases to occupy the property as his residence, he shall notify the City and the assessment shall become due and owinq and be collectible as other assessments. If a property owner has previously received an assessment deferment under this chapter, he may receive an assessment deferment upon property aubaequently occupied as his residence only upQn show- inq that the previous deferment has been fully paid or has become due and owing to the City and is being collected in the manner for collection of aaaeaaments. 12-1.5-6: DEFERMENT ON JOINTLY OWNED PROPERTY The assessment on property jointly owned by a senior person, handicappedperson,ordisabled person property owner may be deferred if all owners reside thereon and the family unit meets income and asset eligibility criteria. 12-1.5-7: DETERMINATION OF ELIGIBILITY The Director of Finance, in cooperation with the Director for Community Development, shall determine whether each property owner who applies for assessment deferral is eligible. Upon determination that the property owner is eligible and wishes said assessment deferred, the property owner shall execute a promissory note and lien to the City for the assessed amount, plus necessary recording fees. The promissory note and lien shall bear interest at the aame rate as the bonds which finance the assessment district. The Director of Finance shall record said lien and note with the County Clerk and Recorder for Arapahoe County. Eligibility for assessment deferment shall be redetermined by the City biannually . -3- io.• ' • • • .. ~ 12-1.5-8: PAYMENT OF ASSESSMENT BY CITY Upon receivinq and recordinq the note and lien as provided in this chapter, the Director of Finance shall pay to the assess- ment District from a special fund of the City the amount of the deferred assessment. He shall then note on the assessment roll . that such assessment has been deferred, and the assessment shall not be payable until the deferment expires ·as provided in this chapter. 12-1.5-9: DEFERRED ASSESSMENT A CONTINUING LIEN1 PAYMENT OF LIEN Any assessment deferred pursuant to this chapter,and the intere•t thereon, shall be a lien aqainst the property from the time of the assessing ordinance until fully paid. The same shall be totally due and payable at such time as the property owner transfers or conveys the property to any other person. For purposes of this section, any chanqe in ownership by deed, will, inheritance operation of law, or otherwise, shall be considered a transfer or conveyance of said property and render the entire assessment due and payable. However, any person to whom the title to the property is transferred upon the death of the owner may have said assessments deferred according to the provisions of this chapter. 12-1.5-10: LIEN CONTINUES; ENFORCEMENT OF LIEN The initial or subsequent deferral of an assessment shall not release the assessment lien against the property. Such lien shall continue until fully paid. Upon the deferred assessment becominq due and payable, the City may enforce the lien obliqation by certifying the amount to the County Treasurer for collection as assessment, by foreclosure of the lien in the method provided for tax liens in Colorado Statutes, by an action at law for money due and owing, or by any other means available. 12-1.5-11: TIME OF APPLICATION1 LATER DEFERMENT At the time of publication of the notice of an ordinance to establish a special district for improvement,published therewith shall be notification that eliqible property owners may have their · assessment deferred by complyinq with the provisions of this chapter and by applyinq for the deferment not later than sixty (60) days after the final publication date of the ordinance. The Director of Finance concurrently shall cause to be published at least twice in a newspaper of general circulation within the City a news release informinq City residents of the availability of assessment defer- ments for eliqible property owners alonq with information about applying for the deferment. -4- ,... ' • • • .. ·~ 12-1.5-8: PAYMENT OF ASSESSMENT BY CITY Upon receiving and recording the note and lien as provided in this chapter, the Director of Finance shall pay to the assess- ment District from a special fund of the City the amount of the deferred assessment. He shall then note on the assessment roll · that such assessment has been deferred, and the assessment shall not be payable until the deferment expires ·as provided in this chapter. 12-1.5-9: DEFERRED ASSESSMENT A CONTINUING LIEN; PAYMENT OF LIEN Any assessment deferred pursuant to this chapter,and the interest thereon, shall be a lien against the property from the time of the assessing ordinance until fully paid. The same shall be totally due and payable at such time as the property owner transfers or conveys the property to any other person. For purposes of this section, any change in ownership by deed, will, inheritance operation of law, or otherwise, shall be considered a transfer or conveyance of said property and render the entire assessment due and payable. However, any person to whom the title to the property is transferred upon the death of the owner may have said assessments deferred according to the provisions of this chapter. 12-1.5-10: LIEN CONTINUES; ENFORCEMENT OF LIEN The initial or subsequent deferral of an assessment shall not release the assessment lien against the property. Such lien shall continue until fully paid. Upon the deferred assessment becoming due and payable, the City may enforce the lien obligation by certifying the amount to the County Treasurer for collection as assessment, by foreclosure of the lien in the method provided for tax liens in Colorado Statutes, by an action at law for money due and owing, or by any other means available. 12-1.5-11: TIME OF APPLICATION; LATER DEFERMENT At the time of publication of the notice of an ordinance to establish a special district for improvement,published therewith shall be notification that eligible property owners may have their · assessment deferred by complying with the provisions of this chapter and by applying for the deferment not later than sixty (60) days after the final publication date of the ordinance. The Director of Finance concurrently shall cause to be published at least twice in a newspaper of general circulation within the City a news release informing City residents of the availability of assessment defer- ments for eligible property owners along with information about applying for the deferment. -4- ...... • • • . . .. ,,,,,.. In the event an eligible property owner desires to defer an assessment transferred to the County Treasurer for collection, the property owner may make application for said deferral;· .upon meeting the eligibility criteria of this chapter, the assessment shall be deferred. The Director of Finance shall require the applicant to complete all other necessary procedures for deferral. Upon a determination of the property owner's eligibility, the assessment shall be deferred and removed from the roles of the County Clerk and Recorder. 12-1. 5-12: INTERDEPARTMENTAL COOPERATION; RULES AND REGULATIONS; FORMS The Director of Finance is directed and authorized to estab- lish the forms, rules and regulations, and information as he deems necessary and proper to implement this assessment deferral program and to engage the cooperation of such other departments as may reasonably be necessary in carrying out this ordinance. Introduced, read in full and passed on first-reading on the 18th day of May, 1981 • Published as a Bill for an Ordinance on the 20th day of May, 1981. Read by title and passed on final reading on the 1st day of June, 1981. Published by title as Ordinance No. "'f / , Series of 1981, on the 3rd day of June, 1981. ~/aL Eug-e~--i,-.-Otl.s ,-Mayor Attest: ,- (~ dhn~r -_/?~ e~fficio ~ty Clerk-Tj(!!'asurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No.~, Series of 1~81. <..___ 'e<J~.~ -5-