7.290 Delayed Assessment Policy.

(1) When Granted. It is hereby declared to be the policy of the City of Manitowoc that the Common Council may, in its discretion, delay the payment of special assessments made against a property owner where there is no immediate benefit to the property owner from the improvement and where failure to delay the assessment would impose an undue hardship on the property owner. It is the further policy of the City of Manitowoc to create a uniform policy for granting and administering delayed assessments. In order to qualify under this section, the assessed property must be unimproved and unplatted throughout the period of delay, the owner must make no use of the improvements for which the assessment is made during the period of delay, and the owner must not sell any part of the property assessed during the period of delay.

No delayed assessment may be granted unless the total assessment costs exceed the sum of $1,000 and unless the person requesting the delayed assessment shall have made the request in writing.

(2) Terms.

(a) Length of Delay. Special assessments may be initially delayed for a period of up to 10 years from the initial assessment due date. This 10-year period shall be extended for an additional period of up to 10 years upon application by the property owner, provided none of the events in subsection (3) of this section triggering expiration have occurred and provided the total amount of the assessment delayed exceeds $7,500. In no event shall the total period of delay hereunder exceed 20 years. Any special assessments shall be a lien against the property as of the date of the levy.

Any applicant for a delayed assessment must sign a form to be prepared by the City Attorney waiving any objection to the improvements made, the assessment or to the terms of the delayed assessment granted. Acceptance of the delay by the owner also expressly implies a waiver of their rights to object to the assessment at a later date. All assessments for which a delay is granted shall become due and payable upon expiration of the delay as provided for in subsection (3) of this section; provided, however, that the property owner may elect to pay for the assessment charge over a five-year period commencing on the delayed assessment expiration date with interest computed at the prevailing interest rate chargeable to all special assessments at the time such installment payments are made.

(b) Amount Delayed. No delay may be granted for the first $2,500 attributable to street improvements or for the first 100 feet of sewer improvements, except that the Common Council may waive this restriction for any land zoned P-1 or R-1.

(c) Interest. Effective January 1, 1982, no interest shall be charged against assessments delayed under this section. In the case of delayed assessments granted prior to January 1, 1982, no additional interest shall be charged to the outstanding balances of accumulated principal and interest as they existed on December 31, 1981.

(3) Expiration. Any delay which is granted shall expire on the first to occur of the following events:

(a) The expiration date granted by the Common Council;

(b) Sale of the property for which the delayed assessment was granted;

(c) The platting or placing of any improvement on the property for which the delayed assessment was granted; or

(d) The use of the improvements for which the assessment was made by the property owner.

The Common Council may, in its discretion, limit the expiration of the delay to only part of a parcel for which a delayed assessment has been granted if the expiration is caused by one of the events described in subsection (3)(b), (c) or (d) of this section and such event is deemed not to affect the entire parcel.

[Prior code § 7.29]