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An owner may elect to defer payment of the amount of special assessment for a local improvement assessed on potential units pursuant to this chapter. The election shall be made by filing a claim for deferral with the City recorder. The effect of filing the claim shall be to defer payment of the amount of special assessment for local improvement on potential units. Potential units are those lots identified as such in the resolution fixing the final assessments for a local improvement district. Potential units are determined by using the potential unit method which establishes the maximum number of potential units on properties within a proposed local improvement district by taking into consideration the zoning, densities, topography, transportation, utilities and such other factors as necessary to evaluate the development potential of the properties. The claim for deferral shall be effective for the calendar year for which it is filed and for each subsequent year until the occurrence of one or more of the events described in this section.

A. In order to qualify for deferral of payment of special assessment for local improvement amounts under this section, the owner must meet the following requirements at the time the claim for deferral is filed and thereafter so long as payment of the amount of special assessment for local improvement is deferred:

1. The owner filing the claim must own the fee simple estate or be purchasing the fee simple estate under a recorded instrument of sale.

2. The property with respect to which the claim is filed must have an assessment levied upon it for potential units. The deferment will only apply to the potential units, not lots or parcels which exist as of the date final assessments are imposed.

B. A claim for deferral under this section shall be in writing on a form prescribed by the City recorder and shall:

1. Describe the lot or parcel upon which the potential units exist.

2. Recite facts establishing the eligibility for the deferral under the provisions of this section.

3. Be verified by a written declaration of the applicant making the claim to the effect that the statements contained in the claim are true.

4. Be filed within 30 days after notice of the assessment is received.

C. The City recorder shall show by an entry in the assessment lien record which property specially assessed is accorded deferral under this section.

D. Interest shall accrue on the amount of the deferred special assessment for local improvement at the rate established in the resolution imposing final assessments.

E. The liens for deferred special assessment for local improvement shall have the same priority as special assessment liens against real property.

F. All deferred special assessments for local improvement, including accrued interest, become payable when:

1. The property with respect to which deferral of collection of special assessment for local improvement is claimed is sold, or a contract to sell is entered into, or some person, other than the owner who claimed the deferral or other than a surviving spouse of such owner who elects to continue the deferral, becomes the owner of the property. The surviving spouse may elect to continue the property in its deferred status if the election is filed in the same manner as a claim for deferral is filed under section 13.20.145.B within six months of the death of the spouse who claimed the deferral. Thereupon, the property with respect to which the deferral is claimed shall continue to be subject to special assessment deferral.

2. When any sale, contract to sell or any other transfer occurs and a surviving spouse does not elect to continue the deferral, the amounts of deferred special assessment for local improvement, including accrued interest, shall be due and payable on the sale or transfer of the property.

3. If the amounts falling due as provided in this section are not paid on the indicated due date, the amounts shall be deemed delinquent as of that date and the property shall become subject to foreclosure. (Ord. 2837 § 2, added, 02/16/1999)

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