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A. Upon receipt of a written request for a deferral, the City Manager, or designee, shall evaluate such a request under the following criteria or any combination of the following criteria:

1. Whether mandatory connection would be a hardship to an elderly or disabled person, which hardship would be lessened by allowance of a deferral.

2. Whether the requestor, by virtue of age or disability, has qualified for government subsidies, or reduced tax or utility payments.

3. Whether the application evidences that the useful life of the structure or structures upon the property is shorter than the period of deferral requested.

4. Whether the property owner has provided sufficient evidence that structures upon the property will be improved, demolished or rehabilitated, and that deferral is appropriate to facilitate future work contemplated upon the structures or property within the term of the deferral.

5. Whether the cost of connection to an available sewer system, when compared to the combined assessed value of the property and improvements upon the property, exceeds more than 10 percent of the value of the property.

6. Whether a public entity or agency plans to sell, decommission or close facilities or structures.

B. Upon receipt of a request for a deferral under this section, the City Manager, or designee, shall act within a reasonable period of time in responding to said request. For the purposes of this section, City action upon a deferral request includes requesting additional information from the requester or scheduling an interview with the requestor.

C. A determination of a deferral request shall be made in writing and mailed to the requestor at the mailing address provided in the request.

D. A determination on a request for deferral may impose conditions upon the requestor, which may include, but are not limited to the filing of a voluntary compliance agreement in the public records, acknowledging that the requestor will connect to the public sanitary sewer system upon occurrence of a specific event or upon expiration of the deferral period, payment of the availability charge and such additional conditions that are lawful and relevant to the nature of any deferral.

E. A determination of a deferral request shall be considered an administrative order of the City.

F. No deferrals shall be granted where connection to the public sewer system is required pursuant to LMC 12.15.060(B). [Ord. 637 § 4, 2016; Ord. 591 § 78, 2015; Ord. 530 § 1, 2011.]