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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 7.1.75 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 ]ocal improvement district. If a property has been given an equiva- <br />7ent 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 />provide: <br />7.407 Driveways-Curb Cut Equivalent. Street Assessment. <br />(I) In add~t~on 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.i75(2)(b)I, 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 shall be brought current. The equiva- <br />lent assessment sfiall be determined.by the city. engineer, taking into account <br />the city policies regarding size of -streets. assessed o 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 rear 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). Equiva-lent 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 alien 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 />Ordi-Hance - 5 <br />