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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 7.175 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 />provide: <br />7.407 Driveways-Curb Cut Equivalent Street Assessment. <br />(1) In addition to any application or permit fee required by sec- <br />t ion 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 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 />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 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.I60(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 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 />Ordinance - 5 <br />