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Upon written application, the city engineer or public works supervisor, by written order, may defer any of the improvements required by this chapter if he finds that the public health, safety and welfare of the inhabitants of the city will not be endangered by the deferment of the construction of the improvements and that any one of the following exists:

A. There is a lack of adequate data, in regard to the grades, plans or surveys, which complicates the construction of the improvements and indicates that they should be deferred to a later time.

B. The construction of the improvements is included in an approved or pending assessment district or otherwise guaranteed as provided by city ordinance.

C. Construction of the improvements would be premature.

D. Construction of the improvements would create a hazardous or defective condition.

If the city engineer or public works supervisor determines that it would be in the best interest of the city to defer required improvements, the property owner shall enter into an agreement with the city, agreeing that the property owner will undertake and start the construction of the required improvements within ninety days after notice is given by the city.

The agreement shall further provide that in the event of default in undertaking and completing the required improvement within the time specified, the city may cause such work to be done and the cost thereof to be assessed as a lien against the property. In such cases, the county auditor will be directed to: (1) add any cost less than fifty dollars to the next regular tax bill; or (2) collect costs of fifty dollars or more in five annual installments; and payments of costs so deferred shall bear interest on the unpaid balance at the rate of six percent per annum. Such agreement shall also be considered as a covenant running with the land and shall be recorded in order to constitute notice to any prospective buyer so such property. The city council must approve any deferral agreement. (Ord. 12-02, 2012)