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<br /> I <br /> <br /> i <br /> ' in the lien docket of the city and may be foreclosed in the same manner as <br /> other assessment liens. <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 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 /> the cost of constructing a similar storm sewer at the time of the formation <br /> of the local improvement district. If a property has been given an equiva- <br /> lent assessment under subsection 7.065(4) it may not be assessed again for <br /> 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 /> and assessments required by this code.. <br /> Section 4. Section 7.407 is hereby added to the Eugene Code, 1971, to <br /> <br /> j provide: <br /> 7.407 Driveways-Curb Cut Equivalent Street Assessment. <br /> (1) In addition to any application or permit fee required by sec- <br /> tion 7.405, when the owner of real property is required to obtain a curb cut <br /> permit to take access onto a street for which the city has given a credit <br /> under subsections 7.730(3) and 7.730(4) based upon the size of the street <br /> improvements that would be assessable under subpart 7.175(2)(b)1, the owner <br /> shall pay to the finance officer an equivalent assessment and any other fees <br /> required by the city before taking access to the street. If the property has <br /> <br /> s delinquent local improvement assessments against it, before issuing the curb <br /> <br /> ~ cut permit, all delinquent assessments shall be brought current. The equiva- <br /> lent assessment shall be determined by the city engineer, taking into account <br /> the city policies regarding size of streets assessed to benefitted property, <br /> based on the greater of the credit given under subsection 7.730(3) or (4) <br /> for the street to which access is proposed or the cost at the time of taking <br /> access of local improvement assessments for similar streets. As used~in this <br /> subsection "cost" includes the expenses identified in section 7.170. Any <br /> person aggrieved by the city engineer's determination of the equivalent <br /> assessment may seek its review before a hearings official by following the <br /> procedures in section 3.060 of this code. The petitioner shall have the <br /> <br /> ~ burden of proof in such review. <br /> (Z) In lieu of paying the equivalent assessment at the time of <br /> issuance of the curb cut permit, the owner of the real property to take <br /> access to the street may execute and deliver to the finance officer an agree- <br /> ment to pay the equivalent assessment in installments. The finance officer <br /> may accept the owner's agreement to pay only if it is consistent with the <br /> limits established under subsection 7.160(2) and (3). Equivalent assessments <br /> paid as provided in this subsection shall be charged interest on the unpaid <br /> ' principal balance as provided in section 2.022 of this cAde and are hereby <br /> declared a lien against the real property and shall be docketed in the lien <br /> i docket of the city and may be foreclosed in the same manner as other assess- <br /> I ment liens. <br /> 'I <br /> Ordinance - 5 <br /> <br />