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provide the city with sufficient funds to ensure no initial cost to the city or <br />affected property owners for the construction of the local improvements, <br />parcels with an owner occupied single family dwelling or an owner occupied <br />duplex dwelling assessed for street improvements may defer payment of the <br />assessment until sale or transfer of the parcel. <br />(2) The deferred assessment shall become a lien on the property. The lien shall <br />accrue interest from the date it is levied until the deferral ends at a variable <br />rate to be adjusted annually to reflect the city's costs in providing the funding <br />source. When the deferral ends, payment of the assessment and accrued <br />interest shall be made as provided in section 7.190. <br />(3) An assessment deferred pursuant to this section is not subject to the <br />requirements and criteria set forth in section 7.195 — 7.220 of this code. <br />(4) Property owners deferring payment pursuant to this section are not eligible to <br />participate in the Improvement Assistant Program. <br />(5) A deferral under this section shall terminate if: <br />(a) The owner granted the deferral sells or transfers to any other party fee <br />title or a possessory interest in the parcel to which the deferral pertains, <br />except sales or transfers between persons related by blood, marriage or <br />adoption; or, <br />(b) Title to the parcel passes to another party by devise or intestate <br />succession; or, <br />(c) The owner granted the deferral ceases to occupy the dwelling. <br />Section 7 . Section 7.407 of the Eugene Code, 1971, is amended to provide as follows: <br />7.407 Equivalent Street Assessment. <br />(1) In addition to any application or permit fee required by section 7.385, when the <br />owner of real property is required to obtain an access connection permit to <br />take access onto a street for which the city has given a credit under <br />subsections 7.730(3) and 7.730(4) based upon the size of the street <br />improvements that would be assessable under subsection 7.175(2)(b) and <br />section 7.180, the owner shall pay to the finance officer an equivalent <br />assessment and any other fees required by the city before taking access to <br />the street. If the property has delinquent local improvement assessments <br />against it, before issuing the access connection permit, all delinquent <br />assessments shall be brought current. The equivalent assessment shall be <br />determined by the city engineer, taking into account the city policies regarding <br />size of streets assessed to benefitted property, based on the greater of the <br />credit given under subsection 7.730(3) or (4) for the street to which access is <br />proposed or the cost at the time of taking access of local improvement <br />assessments for similar streets. As used in this subsection "cost" includes the <br />expenses identified in section 7.170. Any person aggrieved by the city <br />engineer's determination of the equivalent assessment may seek its review <br />before a hearings official by following the procedures in section 2.021 of this <br />code. The petitioner shall have the burden of proof in such review. <br />(2) Nothing in this section shall prevent the city from creating a local improvement <br />district for street improvements under section 7.175 upon a determination that <br />an existing street improvement for which the city has given credit under <br />subsection 7.730(3) and (4) is determined to specially benefit property that did <br />not pay for the street improvements. Such assessments shall be calculated <br />Ordinance -Page 8 of 10 <br />