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HomeMy WebLinkAbout2018-055 CCRMember Dff i Rymintroduced the following resolution and moved its adoption: RESOLUTION NO. 2018-55 RESOLUTION ADOPTING AN EMERGENCY PRIVATE UTILITY SERVICE REPAIR ASSESSMENT POLICY WHEREAS, the City Council of the City of Brooklyn Center has adopted Utility Policies as part of the City Council Code of Policies; and WHEREAS, the City Council has reviewed the proposed Emergency Private Utility Service Repair Assessment Policy attached hereto as Exhibit 1 ("Policy") that provides an opportunity for property owners to seek assistance from the City to make emergency repairs on utility service lines located on their property and to have the costs of those repairs repaid through a special assessment imposed on their property; and WHEREAS, the City Council determines the proposed Policy and its implementation through the execution of special assessment agreements furthers the protection of the public health, safety, and welfare and is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: The Utility Policies Section 2.33 Emergency Private Utility Service Repair Assessment Policy attached hereto as Exhibit 1 is hereby adopted and shall be incorporated into the Code of Policies. 2. The Mayor and the City Manager are authorized to execute such special assessment agreements and to take such other actions as may be needed to implement the Policy and to recover the City's costs. March 26, 2018 Date Mayor ATTEST:Am-^4yd"c City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kris I-Anjasn and upon vote being taken thereon, the following voted in favor thereof: Thn WiJJsn, I'rquita Bidet, Pml Gra, Kris Ia e-1Ani rs n, Mn Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2018-55 Emergency Private Utility Service Repair Assessment Policy The purpose of this Emergency Private Utility Service Repair Assessment Policy ("Policy") is to provide assistance to Brooklyn Center residents who are facing unexpected financial burden of a needed exterior private utility repair (i.e., sewer or water line repair from the main, including the curb stop to the principle structure on the property). The program to assist eligible homeowners with the costs of these repairs will be funded through the City Sanitary Sewer and Water Utility Funds. The program will provide a minimum of $500 and a maximum of $10,000 for an eligible homeowner to complete the eligible private exterior repair. The City then recovers the amount it pays for the repair through a special assessment imposed on the homeowner's property. The City shall be responsible for corrective work needed on prior utility service line repairs performed by a contractor hired by the City for a period of ten years from completion of the repair work. The City's responsibility shall be limited to repairs related to the workmanship of the original repair work as determined by the City and does not include any other repair work that may be needed. This responsibility does not apply to work performed by a contractor hired by a homeowner pursuant to this Policy. Eliibilitv R&i uirements Eligible Homeowner - The homeowner must be current on all property taxes and utility payments to be eligible to participate in program offered pursuant to this Policy. If any of these payments are delinquent, they must be made current before the homeowner can be approved for funding. Eligible Dwelling - Only owner-occupied homes in the City of Brooklyn Center are eligible. Eligible Repairs - Emergency exterior private utility repairs between $500 and $10,000 in situations where a condition requiring immediate and urgent attention, which threatens or imperils the health and/or safety of the homeowner's dwelling, such as a repair or replacement of a failed sewer or water line. Repair The homeowner shall enter into a contract with a private contractor to perform the repair work. The contract must be approved in advance by the City. When the work has been completed, the homeowner shall receive an invoice from the contractor. The homeowner must submit the contractor's invoice to the City together with a signed and notarized special assessment agreement in the form provided by the City. Special Assessment The City will pay the contractor's invoice and assess, pursuant to the assessment agreement, the costs of the repair on the homeowner's property over a period of five years at the interest rate determined by City's special assessment interest policy. The City shall add a certification fee RESOLUTION NO. 2018-55 and any other applicable administrative costs to the amount assessed. The homeowner must agree, as part of the assessment agreement, to the assessment and to waive any and all procedural and substantive objections to the improvement and special assessment, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property. The property owner also waives any appeal rights otherwise available pursuant to Minnesota Statutes, section 429.081.