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<br /> ~ <br /> j <br /> i;n the lien docket of the city and may be foreclosed in the same manner as <br /> other assessment i lens. <br /> (6) Nothing in this section shall prevent the city from creating <br /> a; local improvement district for storm sewers under section 7.175 upon a <br /> determination that an existing storm sewer for which the city has given <br /> credit under subsection 1.730(3) and (4) is determined to specially benefit <br /> p operty that did not pay for the storm sewer. Such assessments shall be <br /> calculated upon the greater of the amount of credit given by the city or of <br /> the cost of constructing a similar storm sewer at the time of the formation <br /> o?F the local improvement district. If a property has been given an equiva- <br /> lint assessment under subsection 7.065(4) it may not be assessed again for <br /> I~ the same storm sewer. <br /> (7) The equivalent assessment required by this subsection shall <br /> be used for storm sewer purposes and shall be in addition to all other fees <br /> I;~ and assessments required by this code. <br /> i <br /> Section 4. Section 7.407 is hereby added to the Eugene Code, 1971, to <br /> provide: <br /> 7x407 Driveways-Curb Cut Equivalent Street Assessment. <br /> (1) In addition to any application or permit fee required by sec- <br /> t~on 7.405, when the owner of real property is required to obtain a curb cut <br /> p rmit to take access onto a street for which the city has given a credit <br /> u~hder subsections 7.730(3) and 7.730(4) based upon the size of the street, <br /> i'provements that would be assessable under subpart 7.175(2){b)1, the owner <br /> s all pay to the finance officer an equivalent assessment and any other fees <br /> r quired by the city before taking access to the street. If the property has <br /> d linquent local improvement assessments against it, before issuing the curb <br /> c t permit, all delinquent assessments shall be brought current. The equiva- <br /> 1 nt assessment shall be determined by the city engineer, taking into account <br /> t e city policies regarding size of streets assessed to benefitted property, <br /> b sed on the greater of the credit given under subsection 7.730(3) or (4) <br /> f r the street to which access is proposed or the cost at the time of taking <br /> a cess of local improvement assessments for similar streets. As used~in this <br /> s bsection "cost" includes the expenses identified in section 7.170. Any <br /> p rson aggrieved by the city engineer's determination of the equivalent <br /> a sessment may seek its review before a hearings official by following the <br /> p ocedures in section 3.060 of this code. The petitioner shall have the <br /> b rden of proof in such review. <br /> (2) In lieu of paying the equivalent assessment at the time of <br /> i suance of the curb cut permit, the owner of the real property to take <br /> a cess to the street may execute and deliver to the finance officer an agree- <br /> m nt to pay the equivalent assessment in installments. The finance officer <br /> m y accept the owner's agreement to pay only if it is consistent with the <br /> 1 mits established under subsection 7.160(2) and (3). Equivalent assessments <br /> flip id as provided in this subsection shall be charged interest on the unpaid <br /> principal balance as provided in section 2.022 of this code and are hereby <br /> declared a lien against the real property and shall be docketed in the lien <br /> ',,docket of the city and may be foreclosed in the same. manner as other assess- <br /> " ment liens. <br /> ''Ordinance - 5 <br /> <br />