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<br /> • , <br /> in the li n docket of the city and may be foreclosed in the same manner as <br /> other ass ssment liens. <br /> (6) Nothing in this section shall prevent the city from creating <br /> ~ local i provement 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 and r subsection 1.730(3) and (4} is determined to specially benefit <br /> property t at 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 o constructing a similar storm sewer at the time of the formation <br /> of the loc 1 improvement district. If a property has been given an equiva- <br /> lent asses ment under subsection 7.065(4) it may not be assessed again for <br /> the same s orm sewer. <br /> 7) The equivalent assessment required by this subsection shall <br /> be used fo storm sewer purposes and shall be in addition to all other fees <br /> and assess ents required by this code. <br /> Secti n 4. Section 7.407 is hereby added to the. Eugene Code, 1971, to <br /> provide: <br /> i <br /> 7L407 rivewa s-Curb Cut E uivalent 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 ake access onto a street for which the city has given a credit <br /> u der subs cti4ns 1.130(3) and 7.730(4) based upon the size of the street <br /> irhprovemen s that would be assessable under subpart 7.175(2)(b)1, the owner <br /> shall pay o the finance officer an equivalent assessment and any other fees <br /> required b the city before taking access to the street. If the property has <br /> delinquent 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 assess ent 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 th greater of the credit given under subsection 7.730(3) or (4) <br /> f r the str et to which access is proposed or the cost at the time of taking <br /> a cess of 1 cal 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 aggr'eved by the city engineer's determination of the equivalent <br /> a sessment ay seek its review before a hearings official by following the <br /> p,ocedures 'n section 3.060 of this code. The petitioner shall have the <br /> burden of p oof in such review. <br /> ( ) 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 t e 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 he owner's agreement to pay only if it is consistent with the <br /> limits esta lished under subsection 7.160(2) and (3). Equivalent assessments <br /> paid as pro ided in this subsection shall be charged interest on the unpaid <br /> principal b lance as provided in section 2.022 of this code and are hereby <br /> declared a ien against the real property and shall be docketed in the lien <br /> docket of t e city and may be foreclosed in the same manner as other assess- <br /> mdnt liens. <br /> Ordinance - 5 <br /> <br />