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(1) For purposes of the improvement assistance programs described in this section:

(a) A property owner(s) is one or more natural persons who reside on real property that is assessed and who hold title to the property in fee simple, by tenancy in common, by the entirety, for life or other similar estate, or who are purchasing such title by land sale contract.

(b) Federal poverty level income is the income established for an owner(s) with or without dependents as set forth in the publication of the U.S. Department of Health and Human Services entitled “Poverty Income Guidelines by Family Size” or any successor replacement publication.

(2) To the extent that resources are available in the fund for assistance with local improvements, deferral, extension, or modification of payments on assessments for local improvements, for assessments under sections 6.476 and 7.154 and for nuisance abatement liens shall be accorded eligible real property owners.

(a) To be eligible for deferral of assessment payments under this subsection:

1. At least one of the property owner(s) shall be sixty-two (62) years of age or more;

2. A single property owner(s)’s annual income may not exceed thirty-five percent (35%) of the latest Lane County median family income recognized on July 1 of each year by the Department of Housing and Urban Development. If there is more than one property owner, their combined annual income may not exceed forty percent (40%) of that median family income. These maximum annual incomes may be increased by an additional five percent (5%) of the Lane County median family income for dependent who is not a property owner(s) and who resides on the property and is related to the property owner(s) by blood or marriage in the first or second degree;

3. None of the property owner(s) may own assets in addition to the property of residence and its household furnishings worth more than four (4) times the allowable income under subsection (a)(2) of this subsection, except that assets producing any part of the income counted in subsection (a)(2) of this subsection shall be excluded in determining the amount of assets owned; and

4. None of the property owner(s) may own or have a possessory interest in other real property which is allowed a deferral under this section.

(b) To be eligible for an extension or modification of assessment payments:

1. At least one of the property owner(s) shall be fifty-five (55) years of age or more;

2. A single property owner(s)’s annual income may not exceed fifty-five percent (55%) of the latest Lane County median family income recognized on July 1 of each year by the Department of Housing and Urban Development. If there is more than one property owner, their combined annual income may not exceed sixty percent (60%) of that median family income. These maximum annual incomes may be increased by an additional eight percent (8%) of the Lane County median family income for each dependent who is not a property owner(s) and who resides on the property and is related to the property owner(s) by blood or marriage in the first or second degree.

3. None of the property owner(s) may own assets in addition to the property of residence and its household furnishings worth more than three (3) times the allowable income under subsection (b)(2) of this subsection, except that assets producing any part of the income counted in subsection (b)(2) of this subsection shall be excluded in determining the amount of assets owned; and

4. None of the property owner(s) may own or have a possessory interest in other real property which is allowed a deferral under this section.

(3) To the extent that funds are available in the Sewer Assessment Deferral Loan Program, deferral of payments on assessments for lateral construction, trunk levy, service connection fees, and other connection charges shall be accorded eligible property owner(s). When in the judgment of the finance officer the projected demand for assessment deferral under this subsection exceeds the available funds, priority shall be given to those eligible under part (3)(a) of this subsection, then to those eligible under part (3)(b) of this subsection.

(a) To be eligible for deferral of payments on the full sanitary sewer assessment, service connection fees, and other connection charges, the property owner(s)’s household income may not exceed one hundred fifty percent (150%) of the latest federal poverty level income.

(b) To be eligible for deferral of payments on the part of the sanitary sewer assessment attributable to the lateral sewer system, the property owner(s)’s household income may not exceed one hundred seventy-five percent (175%) of the latest federal poverty level income.

(c) To be eligible for deferral of one-half of the payments on the part of the sanitary sewer assessment attributable to the lateral sewer system, the property owner(s)’s household income may not exceed two hundred percent (200%) of the latest federal poverty level income.

(d) None of the property owner(s) may own or have a possessory interest in other property which is allowed a deferral under this section.

(Section 7.195 amended by Ordinance No. 17955, enacted April 11, 1977; Ordinance No. 18074, enacted November 9, 1977; Ordinance No. 19393 enacted July 28, 1986, effective January 28, 1987, Ordinance No. 19555 enacted May 23, 1988, effective November 23, 1988; Ordinance No. 19651, enacted November 20, 1989; Ordinance No. 19653, enacted November 22, 1989, effective May 22, 1990; and Ordinance No. 19784, enacted June 24, 1991, effective July 24, 1991.)