2007-42
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DA TE:
Julv 9" 2007
RESOLUTION NO:
2007 -42
MOTION BY:
Litsev
SECONDED BY:
Ernst
A RESOLUTION ESTABLISHING A HARDSHIP ASSESSMENT DEFERRAL FOR
SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS
WHEREAS, Minnesota Statutes Sections 435.193 - 435.195 makes it possible for a
statutory city to adopt a resolution establishing standards and guidelines for determining the
existing of a hardship and for determining the existence of a disability; and
WHEREAS, immediate payment of special assessments or installments on special
assessments may cast an undue hardship on some persons owning homestead properties who are
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 payments.
NOW THEREFORE BE IT RESOLVED, the City of Chanhassen hereby establishes the
standards and guidelines for determining eligibility as stated below:
1. In order to request deferral of an assessment, the homeowner must request a deferment at a
public hearing in which the assessment may be adopted and make application on the form
prescribed by the City Clerk within thirty (30) days after the adoption of an improvement
assessment by the City Council; and
2. The deferral procedure shall apply only to property owned and occupied by persons 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 payments. Permanent and total disability shall have the same definition
for purposes of assessment deferral as is used for social security purposes; and
3. This deferral procedure shall not be construed as to prohibit the determination of hardship
on the basis of exceptional and unusual circumstances not covered by the standards and
guidelines herein so long as determination is made in a nondiscriminatory manner and does
not give the applicant an unreasonable preference or advantage over other applicants; and
4. The property must be the applicant's principal place of domicile and classified on the real
estate tax rolls as the applicant's homestead; and
5. The applicant(s) must submit federal income tax returns from the year prior to the
assessment to verify that all sources of income do not exceed the very low income limits for
the Carver County area as established by the Department of Housing and Urban
Development; and
6. No special assessment shall be deferred for a period longer than the time set by the City
Council; and
7. Interest on deferred assessments shall be subject to and charged at the interest rate set by the
City Council on its resolution adopting the special assessment, and such interest shall accrue
on said principal until the special assessment is paid in full; and
8. The option of the homeowner to defer the payment of special assessments shall terminate
and all amounts accumulated plus accrued interest shall become due and payable upon the
occurrence of any of the following events:
a. The sale, transfer or subdivision of the property or any part thereof, or the property
is in any way conveyed to another person; .
b. The subject property loses its homestead status for any reason;
c. The death of the owner qualified for deferral status unless a surviving spouse is
eligible for benefits hereunder; or
d. If for any reason the City Council determines that there would be no hardship to
require an immediate or partial payment of the deferred special assessment.
Passed and adopted by the Chanhassen City Council this 9th day of July, 2007.
ATTEST:
YES
Furlong
Litsey
Ernst
Peterson
Tjornhom
NO
None
ABSENT
None