§ 9.42. Deferment of special assessments for indigent persons.

(1)

Deferment of special assessments. Any special assessments levied against property owned by indigent persons may be deferred by the council. Such deferment shall be granted only to owner-occupied, singly-family or duplex residential real estate. Such deferment shall be by resolution directing the city treasurer to pay all or any portion of special assessments levied against such property.

(2)

Copy of resolution to be filed with county register of deeds. A copy of such resolution, with a statement of the amount and date paid and a description of the property, certified by the city clerk, shall be recorded with the county register of deeds; the amount shall thereby become a lien upon such real property in favor of the city prior to any other lien than prior outstanding tax certificates or prior liens hereunder, for the amount paid, with legal interest, and shall be enforceable after transfer of title of the property by sale, inheritance or will, in the manner provided by law for the enforcement of mechanics liens.

(3)

Discharge of lien. The owner of such property, heirs, personal representatives, or assigns may discharge such lien at any time by paying the amount of such lien with accrued interest to the city treasurer, who shall execute a satisfaction in such form as may be recorded with the county register of deeds.

(4)

Purchase of lien. The holder of any subsequent lien may purchase such lien by payment of the amount thereof with accrued interest to the city treasurer, who shall execute a proper assignment thereof to such payee; and on recording such assignment, such assignee shall have the same rights the assignor had.

(5)

Transfer of title by sale, etc. After transfer of title by sale, inheritance or will, or when the basis for indigency no longer exists, the special assessment shall be due and owing in full unless installment payments have been provided for according to subsection 9.41(3), Green Bay Municipal Code.

(6)

Limits for the determination of indigency. The council shall establish by resolution limits for the determination of indigency. Such limits shall include:

(a)

Maximum combined annual income of husband, wife, and dependents.

(b)

Maximum combined assets of husband, wife, and dependents.

(7)

Subject to review. Such income and asset figures shall be subject to periodic review and modification by the council.

(8)

Application. Application for deferment shall be made to the council upon an affidavit form provided by the city clerk verified by each applicant.

(a)

The application shall list the relationship, ages, and employment status of the applicant and all dependents; a complete schedule setting forth all assets, liabilities, and income from all sources, including own and both spouses and their dependents; and any other pertinent information which may assist the city to evaluate such application.

(b)

The above schedule of net worth and income shall be considered and treated as privileged information and shall not be made public without the applicant's consent.

(9)

Notify clerk of increases. The applicant shall notify the city clerk when there is a material change in the assets and/or annual income increases above the limits described in subsection (6).

(10)

Providing false or incomplete information. If the applicant willfully provides false or incomplete information, or when the assets and/or annual income exceed the limits of subsection (6), the basis for indigency shall no longer exist and the special assessment shall become due and owing in full, unless installment payments have been provided for according to subsection 9.41(3), Green Bay Municipal Code.

(11)

Application reviewed by improvement and service committee. The application for deferment shall be reviewed by the improvement and service committee, which shall make a recommendation to the council.

(12)

Interest—Deferment period. Interest may be charged during the deferment period; the interest rate shall not, however, exceed the legal rate prescribed by Wisconsin Statutes.

(13)

Interest—Installment payment period. Interest may be charged during the installment payment period. The interest rate for all city building projects for unpaid special assessments shall be reviewed annually and shall be established, and from time to time amended, by resolution of the common council.