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~ A .~ 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 sewerfor 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 credif given by the city or of - <br />he 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} Theequivalent assessment required by this subsection shal,7 <br />be used for storm sewer purposes and..steali be in addition to alI other fees <br />and. assessments required by this code. <br />Section 4. Section 7:407 is hereby added to the Eugene Code, 1.971, to <br />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 />delinquent local improvement assessments against it, before: issuing the curb <br />-cut-permit, all delinquent assessments steall 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 streats 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 />burden of proof in such review. <br />(2) 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 anagree- <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 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 />