New Search
in the lien docket of the city and may be foreclosed in the same manner as <br /> ~ gther assessment liens. <br /> (6) Nothing in this section shall prevent the city from creating <br /> 'i 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 7..730(3) and (4) is determined to specially benefit <br /> property 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 /> ~he cost of constructing a similar storm sewer at the time of the formation <br /> f the local improvement district. If a property has been given an equiva- <br /> ent assessment under subsection 7.065(4) it may not be assessed again for <br /> he same storm sewer. <br /> (7) The equivalent assessment required by this subsection shall <br /> ~I; be used for storm sewer purposes and shall be in addition to all other fees <br /> ' and assessments required by this code. <br /> Section 4. Section 7.407 is hereby added to the Eugene Code, 1971, to <br /> ICI provide: <br /> i <br /> 7.407 Drivewa s-Curb Cut E uivalent Street Assessment. <br /> 1) In addition to any application or permit fee required by sec- <br /> ion 1.405, when. the owner of real property is required to obtain a curb cut <br /> ermit to take access onto a street for which the city has given a credit <br /> nder subsections 7.730(3) and 7.730(4) based upon the size of the street <br /> mprovements that would be assessable under subpart 7.175(2)(b)1, the owner <br /> hall pay to the finance officer an equivalent assessment and any other fees <br /> equired by the city before taking access to the street. If the property has <br /> elinquent local improvement assessments against it, before issuing the curb <br /> ut permit, all delinquent assessments shall be brought current. The equiva- <br /> ent assessment shall be determined by the city engineer, taking into account <br /> he city policies regarding size of streets assessed to benefitted property, <br /> ased on the greater of the credit given under subsection 7.730(3) or (4) <br /> or the street to which access is proposed or the cost at the time of taking <br /> cress of local improvement assessments for similar streets. As used~in this <br /> ubsection "cost" includes the expenses identified in section 7.170. Any <br /> erson aggrieved by the city engineer's determination of the equivalent <br /> ssessment may seek its review before a hearings official by following the <br /> rocedures in section 3.060 of this code. The petitioner shall have the <br /> urden of proof in such review. <br /> (2) In lieu of paying the equivalent assessment at the time of <br /> ssuance of the curb cut permit, the owner of the real property to take <br /> cress to the street may execute and deliver to the finance officer an agree- <br /> ent to pay the equivalent assessment in installments. The finance officer <br /> ay accept the owner's agreement to pay only if it is consistent with the <br /> emits established under subsection 7.160(2) and (3). Equivalent assessments <br /> aid as provided in this subsection shall be charged interest on the unpaid <br /> rincipal balance as provided in section 2.022 of this code and are hereby <br /> eclared a lien against the real property and shall be docketed in the lien <br /> ocket of the city and may be foreclosed in the same manner as other assess- <br /> ent liens. <br /> rdinance - 5 <br /> <br /> 1 <br /> <br /> 1 <br /> <br />