Ordinance No. 20236 - Laserfiche WebLink

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notice to affected property owners and tenants, to alter and to revoke curb cut permits when curb cuts are not constructed according to specification, are not maintained in a safe manner~ or become hazardous due to traffic congestion. (6) Any person aggrieved by administrative action of the city manager or the manager's designee taken under the provisions of this section may appeal the action to a hearings official in the same mapmer as provided in section 5.045. When rendering a decision the hearings official shall consider the criteria in subsection 7.405(3) as well as the criteria in section 5.055 of this code~ T407 Equivalent Street Assessment. (1) In addition to any application or permit fee required by section T405~ when the owner of real property is required to obtain a curb cut permit to take access onto a srreet for which the cky has given a credit under subsections 7.730(3) and 7.730(4) based upon the size of the street improvements that would be assessable under subsection 7.175(2i(b), the owner shall pay to the finance officer an equivalem assessment and any other fees required by the city before taking access to the street. If the property has delinquent local improvement assessments against k, before issuing the curb cut perm~r, all delinquent assessments shall be brought current. The equivalent assessment shall be determined by the city engineer~ taking into account the city policies regarding s~ze of streets assessed to benefitted property, based on the greater of the credit given under subsection 7.730(3) or (4) for the street to which access is proposed or the cost at the time of taking access of local improvement assessments for similar streets. As used in this s~absection "cost'' includes the expenses identified in section 7.170. Any person aggrieved by the city engineer's determination of the equivalent assessment may seek its review before a hearings official by following the procedures in section 2.021 of this code. The petitioner shall have the burden of proof in such review. (2) Nothing in this section shall prevent the city fkom creating a local improvement district fbr street improvements under section 7.175 upon a determination that an existing street improvement for wl~ich the city has given credit under subsection 7.730(3) and (4) is determined to specially benefit property- that did not pay for the street improvements. Such assessments shall be calculated uponthe greater ofthe amount of credit given by the city or the cost of constructing a similar street improvement at the time of the formation of the local improvement district. If a property has been given an equivalent assessment 'under subsection 7.407(1) k may not be assessed again for the same street improvements. (3) Except as otherw/se provided in subsection 7.175(4)(d)2~ equivalent assessments required by section 7.175 (3)~ (4) and (5) shall be paid at the time of development by the person who receives a permit to develop the parcel as described in section 7.175(5)(d). The equivalent assessment shall be calculated by the city engineer based on the front fbotage abutting the improvement~ onthe factors listed in section 7. t 75 (5)(b), if applicable~ and fhe engineer's estimate of what the costs of the im'provement would be if the improvement were constructed at the time of the development giving rise to the obligation to pay the equivalent assessment. (4) A person Who receives a permit for a parcel to take access from a street in additionto the street from which the parcel takes primary access shall pay an access fee in an amount to be determined by the city engineer. Ordinance- 14