Item 8: An Ordinance Concerning Assessments for Street Improvements

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requirements and criteria set forth in section 7.195 – 7.220 of this code. (4) Property owners deferring payment pursuant to this section are not eligible to participate in the Improvement Assistant Program. (5) A deferral under this section shall terminate if: (a) The owner granted the deferral sells or transfers to any other party fee title or a possessory interest in the parcel to which the deferral pertains, except sales or transfers between persons related by blood, marriage or adoption; or, (b) Title to the parcel passes to another party by devise or intestate succession; or, (c) The owner granted the deferral ceases to occupy the dwelling. Section 7. Section 7.407 of the Eugene Code, 1971, is amended to provide as follows: 7.407 Equivalent Street Assessment . (1) In addition to any application or permit fee required by section 7.385, when the owner of real property is required to obtain an access connection permit to take access onto a street for which the city 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(2)(b) and section 7.180, the owner shall pay to the finance officer an equivalent assessment and any other fees required by the city before taking access to the street. If the property has delinquent local improvement assessments against it, before issuing the access connection permit, all delinquent assessments shall be brought current. The equivalent assessment shall be determined by the city engineer, taking into account the city policies regarding size 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 subsection "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 from creating a local improvement district for street improvements under section 7.175 upon a determination that an existing street improvement for which 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 upon the greater of the 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) it may not be assessed again for the same street improvements. (3) Except as otherwise provided in subsection [7.175(4)(d)2]7.180(5)(f), equivalent assessments required by subsection [7.175(3), (4) and (5)] 7.180(5) shall be paid at the time of development by the person who receives a permit to develop the parcel as described in subsection [7.175(5)(d)] 7.180(5)(e). The equivalent assessment shall be calculated by the city engineer [based on the front footage abutting the improvement, on the factors Ordinance - Page 12 of 14 Version C