HomeMy WebLinkAboutOrdinance No. 20214
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COUNCIL ORDINANCE NUMBER 20214
COUNCIL BILL NUMBER 4750
AN ORDINANCE CONCERNING ASSESSMENT PROCEDURES; AMENDING
SECTIONS 7.175 AND 7.407 OF THE EUGENE CODE, 1971; AND PROVIDING
AN EFFECTIVE DATE.
DATE SUBMITTED: October 23,2000
PASSED: 6/1
ABSENT: Nathanson
OPPOSED: Taylor
REJECTED:
ABSTAINED:
DEFERRED TO:
FIRST READING: October 23, 2000
SECOND READING: October 23, 2000
ORDINANCE NO. 20214
AN ORDINANCE CONCERNING ASSESSMENT
PROCEDURES; AMENDING SECTIONS 7.175 AND 7.407 OF
THE EUGENE CODE, 1971; AND PROVIDING AN
EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 7.175 of the Eugene Code, 1971, is amended to provide:
7.175 Local Improvements - Apportionment of Assessments.
(1) Whatever share of the total actual project costs of the local improvement is
to be borne by the city and by sources of funds other than assessments shall be deducted from the
total project costs before they are apportioned and assessed under this section. The city shall pay the
costs of the following, provided funds are available and the project has appropriate priority:
(a) Components of the local improvement that will not be assessed
pursuant to section 7.175(3)(a);
(b) Street improvements and sidewalks within the intersection of public
ways;
( c) All or a portion of the street and alley improvements for residentially
zoned property upon which a single family dwelling or duplex exists which is owned
and occupied by low-moderate income person(s) and which property is adjacent to
a street or alley which is unimproved or improved with substandard improvements
at the time the local improvement district is formed.
(d) Features of storm sewers constructed as part of a street improvement
project within existing developed areas which are in addition to those necessary to
properly drain the surface of the street being improved and to provide water quality
treatment to the runoff from the street surface;
( e) Other costs attributable to special conditions or to policies adopted
prior to or at the time the council adopts the resolution forming the local
improvement district.
(2) The assessments for individual parcels of real property shall be calculated and
assessed as follows against the property specially benefitted by the local improvement:
(a) Special costs or features of the improvement that benefit a particular
parcel or parcels in a manner peculiar to the parcel ( s) shall, together with a share of
the overhead for the improvement, be assessed separately against each benefitted
parcel.
(b) The remainder of the costs of the improvement shall be assessed as
described in subsections (3) through (12) of this section.
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(3) Street construction assessments - General.
(a) Assessable components of street improvements include sidewalks,
driveway aprons, a share of the improvements to the traveled way from back of curb
to back of curb as provided in section 7.175(4) and (5) (including, but not limited
to: lanes for vehicular use, parking and parking bays); curbs; gutters; catch basins,
piping and other features necessary to remove and treat or cleanse storm water from
the improved surfaces; and other related features.
(b) Except when special circumstances exist that are identified in the
resolution creating an assessment district, assessments for street improvements
generally shall be based on the number of linear feet of property to be assessed, as
provided in sections 7. 175(4)(e) and 7.175(5)(b) and (c), multiplied by the per-foot
cost of the assessable components described in paragraph (a) of this subsection. The
portion of the street pavement to be assessed against an individual parcel shall be
based on the assessable widths identified in subsections 7.175(4) and 7. 175(5)(d).
Where not all of the linear feet of a parcel abutting a street improvement are included
in the assessment to be levied at the time the improvement is constructed, the parcel
may be subject to a delayed equivalent assessment as provided in sections
7. 175(5)(c), (f), (h) and (i).
(4) Local streets:
( a) A parcel abutting a local street shall be assessed for an improvement
to a local street according to the zoning of the parcel as follows:
1. A parcel with single-family or low-density residential zoning
shall be assessed for a maximum of 1 7 feet of width.
2. A parcel with other than single-family or low-density
residential zoning shall be assessed for a maximum of 22 feet of width.
(b) The cost for the assessable width shall be apportioned to each parcel
on the basis of its front footage abutting upon the improvement, except that:
1. If a residentially zoned parcel has a total front footage of less
than 50 feet on all abutting streets for which a street improvement assessment
has been or is likely to be made, then that parcel shall be assessed as if its
front footage on those streets were 50 feet.
2. If the width of the street improvement varies within the
improvement district, each parcel shall be assessed in accordance with the
width or widths upon which it abuts.
(5) Arterial and collector streets:
( a) Calculation of assessments for improvements to an arterial or collector
street shall be as provided in this subsection 7.175(5). As used in this subsection,
"major arterial," "minor arterial," "major collector," and "neighborhood collector"
mean streets or travel corridors designated by one of those terms in the city's or
county's adopted comprehensive transportation plan, in an adopted arterial/collector
street plan, or if not so designated, which the city engineer determines to function in
the capacity of one of the four classifications. "Development" means a structure
designed or used for human residence, business, industry, or other occupancy or any
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physical alteration to land designed, used or intended to serve such a structure in a
business or industry whose employees or customers access the business or industry
by a street. "Developed parcel" means a parcel, or a group of parcels with
development that functions as an integrated development, that at the time of
substantial completion of the street improvement project has any development on it,
except for ancillary structures on a parcel used exclusively for farm use. "Fully
developed parcel" means a parcel that has development on it and that has no
undeveloped portion that could be further partitioned or subdivided for purposes of
additional development. "Partially developed parcel" means a parcel that has
development on it but which has an undeveloped portion that could be further
partitioned or subdivided in the future. "Vacant parcel" means a parcel that has no
development on it.
(b) Fully developed parcels with a single family dwelling or duplex and
residential zoning shall be assessed for the actual front footage abutting the
improvement, except that no parcel shall be assessed for less than 50 feet of frontage
or more than 100 feet of frontage.
(c) Partially developed parcels of one-half acre or larger with a single
"family dwelling or duplex in a single-family or low-density residential zone and
having more than 100 feet of frontage abutting the improvement shall be assessed for
100 feet of frontage at the time of the improvement, and the remaining frontage shall
be used to calculate an equivalent assessment in accordance with sections 7. 175(5)(i)
and 7.407 of this code when the remainder of the parcel is developed.
(d) In addition to assessment for curb, gutter, sidewalks and driveway
aprons, parcels assessed for street improvements pursuant to paragraphs (b) and (c)
of this subsection shall be assessed for a portion of the pavement and the associated
pavement drainage system (catch basins, connecting pipes and other drainage
facilities) according to the functional classification of the street, as follows:
1. Major arterial - no paving or drainage.
2. Minor arterial- 3-1/2 feet of pavement width and associated
drainage system for the portion of pavement to be assessed.
3. Major collector - 7 feet of pavement width and associated
drainage system for the portion of pavement to be assessed.
4. Neighborhood collector - 10 feet of pavement width and
associated drainage system for the portion of pavement to be assessed.
( e) Notwithstanding paragraphs (b), (c), and (d) of this subsection,
developed parcels used for a single-family dwelling or a duplex in a single-family or
low density residential zone and the developed portions of partially developed parcels
meeting the same description shall not be assessed for street improvements if they do
not take primary access from the street being improved. Notwithstanding the
foregoing sentence, if such a parcel abuts the street improvement and is subj ect to a
recorded irrevocable petition for street improvements as described in section 7.160,
it shall be assessed for street improvements, or the person who obtains a permit to
develop such a parcel shall pay an equivalent assessment, even if the parcel does not
take direct access from the street being improved. For purposes of this section, a
parcel "takes primary access" from a street if the parcel abuts only that street or, in
cases where a parcel abuts two or more streets, the parcel uses that street for its
address. A duplex on a comer lot, or a vacant comer lot that may be developed with
a duplex shall be deemed to take primary access from both streets.
(f) Vacant parcels of one-half acre or larger with residential zoning shall
not be assessed at the time of the street improvement, but the person who receives a
permit to develop such a parcel shall pay an equivalent assessment in accordance"
with sections 7.175(5)(d), 7.175(5)(i) and 7.407 of this code when the parcel is
developed.
(g) Developed and partially developed parcels with commercial or
industrial zoning shall be assessed for the full frontage abutting the street
improvement and for 10 feet of the pavement.
(h) Vacant parcels of one half acre or larger with commercial or industrial
zoning shall not be assessed at the time of the street improvement, but the person
who receives a permit to develop such a parcel shall pay an equivalent assessment
in accordance with sections 7.175(5)(i) and 7.407 of this code when the parcel is
developed.
(i) Concerning a parcel or portion thereof for which no assessment has
been collected under paragraphs (c), (f), or (h) of this subsection 7.175(5), a person
who receives a permit to develop such a parcel shall pay an equivalent assessment
based upon the abutting front footage of the parcel that was not previously assessed,
to be calculated, reviewed, and paid as provided in section 7.407 of this code before
any of the following occur:
1. A permit is issued authorizing construction of a new driveway
access to the arterial or collector street;
2. A permit is issued authorizing connection of a new street that
connects the parcel to the arterial or collector street;
3. Any partition, subdivision or development of the parcel
regulated by chapter 9 of this code is approved; or
4. Construction of a new structure capable of human occupancy.
G) Revenue received as payment of an equivalent assessment required
by this subsection shall be used for street purposes and shall be in addition to all
other fees and assessments required by this code.
(6) Alley improvement assessments. Alley improvement assessments shall be
apportioned as follows:
(a) The front footage of a parcel along the alley shall be ascertained and
that footage shall be weighted, on the basis of permissible use of the parcel under the
zoning of the city, by multiplying the footage by the factor indicated for that use in
the following table:
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Zone
Factor
AG, RA, R-l
R-2
R-3
R-4
C-l, C-2, C-3, C-4, GO
1-1,1-2,1-3
Other
1.0
2.0
5.0
10.0
10.0
10.0
1.0 - 10.0*
*According to the most intensive use of the parcel and to the zone
listed above in which that use is allowed, which has the lowest factor.
(b) The area of each such parcel that is within 160 feet of the alley, as
measured at right angles from the front footage of the parcel, shall be ascertained and
that area shall be weighted on the basis of permissible use of the parcel under the
zoning of the city, by multiplying the area by the factor indicated for that use in the
table set forth in (6)(a) of this subsection.
(c) One-half of the general costs and overhead to be assessed shall be
apportioned on the basis of the weighted front footage and one-half on the basis of
the weighted areas.
(d) When sections of an alley separated by a cross alley or street are
improved, the apportionment and assessment under this section shall be for each
section of the alley separately.
(e) Assessments for alley improvements shall include the cost of catch
basins and pipings from catch basins to storm sewers for properties specially
benefitted by the basins.
(7) Sidewalk assessments. Parcels abutting a sidewalk shall be liable for a
proportionate share of the cost of the sidewalk, based on the front footage of the parcel abutting
the sidewalk. The front footage shall be ascertained in the same manner as for street-improvement
assessments. Where, however, the council finds that the topography makes it unfeasible to construct
a sidewalk on both sides of the street, the cost of the sidewalk on one side of the street may
be assessed to both the parcels abutting the sidewalk and the parcels on the opposite side of the street
from the sidewalk, on the basis of the front footage abutting or directly across the street from the
sidewalk, or the costs may also be apportioned on the basis of the area of sidewalk or driveway apron
or both abutting each parcel, whichever basis is determined to be more equitable by the council.
(8) Storm sewer assessments. The cost of storm sewer construction shall be borne
in the following manner:
(a) In a new or undeveloped subdivision or a new development, the
parcels specially benefitted by the storm sewer shall bear the cost of the sewer up to
and including the first 24 inches of pipe diameter and in excess of 60 inches of pipe
diameter. Subject to subsection (1) of this section, for pipes larger than 24 inches but
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not exceeding 60 inches in diameter, the city shall pay a proportional share of the cost
calculated as follows:
City Percentage of Cost =
(Pipe Diameter 1) - 24
(Pipe Diameter 2) x 100%
Where "(pipe diameter 1)" is the actual pipe size, but not more than 60 inches
in diameter. Where "(pipe diameter 2)" is the actual pipe diameter.
(b) The cost to be assessed shall be apportioned to each parcel on the
basis of its land area in the assessment district.
(9) Sanitaty sewer assessments. The cost of sanitary sewer construction shall be
borne in the following manner:
(a) The properties specially benefitted by a sanitary sewer shall bear the
cost of the sewer up to and including eight inches of pipe diameter. The additional
cost of a sanitary sewer may be borne by the specially benefitted properties, the city
and others as provided in subsection (1) of this section.
(b) Sanitaty sewer service lines. Each parcel provided with a service line
that extends from the eight-inch or larger lateral sewer line to within 10 feet of the
property line, shall be considered to have one service line connection point. If more
than one service line connection point is provided the parcel, it shall be assessed for
the actual number of service line connection points. For large, unplatted parcels,
provided with one or more service line connection points, each service line
connection point shall be considered to serve an area of not more than 120 feet in
width, and not more than 60 feet on each side of the service line connection point. All
costs related to the service lines, including overhead costs, shall be divided by the
total number of service line connection points, to determine the cost per service line
connection point. Each parcel shall be charged for the number of service line
connection points provided.
( c ) Lateral sewer system. The lateral system shall include all cost items,
including overhead costs, related to at least an eight-inch lateral system. These costs
shall be apportioned to each parcel on the basis of a cost per square foot of service
area, determined by dividing the total lateral system cost by the total service area.
The service area for each parcel shall be determined as follows:
1. For parcels provided with a service line, the service area shall
be that portion of the parcel lying within 160 feet of the street right-of- way
line or within 160 feet of the side- or rear-lot lines when the sewer is located
nearer such a line than the street line.
2. F or parcels where service lines are not provided, a
compensating factor shall be applied to allow for the distance to the lateral
sewer line. The factor shall be computed as follows:
Factor = 160 - (distance from property - Yi right-of-way)
( line to sewer width)
160
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The area, as determined in (9)( c) 1 above, shall be multiplied by this factor to
determine the equivalent area of service for the lateral system. Lateral system
costs shall also include at least an eight-inch equivalent cost for a portion of
all existing or new trunk sewer lines larger than eight-inch diameter which
are necessary to complete the sewer system within the improvement district.
(10) Other local improvements. The cost of local improvements not identified in
subsections (3) through (9) of this section shall be borne by the property specially benefitted as
provided in the council resolution forming the local improvement district.
(11) When parcels of real property to be assessed are in a planned unit
development or condominium in which the common elements are jointly owned by those owning
individual units within the planned unit development or condominium, the entire planned unit
development or condominium shall be treated as a single parcel and its assessment shall be
determined as provided in subsection 7.175(2). After determining the assessment for the entire
planned unit development or condominium, the assessment shall then be apportioned and assessed
against each individual unit of ownership within the planned unit development or condominium and
that unit's interest in the common elements according to the recorded declaration if it contains
express language directing the apportionment of assessments for public improvements. Absent such
express language, or absent a determination by the council that only specific individual units within
the planned unit development or condominium specially benefit from the improvement and should
therefore bear the assessments, the assessments shall be apportioned and assessed among the
individual units according to the individual unit's proportionate interest in the common elements.
(12) Without repeating the notice required by section 7.185, prior to enactment of
the ordinance levying the assessment required by section 7.190, the proposed assessments for
individual parcels of real property calculated under subsections 7.175(2) and 7.175(3) may be
adjusted by a written agreement between the affected owners and the city engineer provided:
(a) No parcel's adjusted proposed assessment exceeds the assessed value
of the parcel at the time of the agreement;
(b) The proposed adjusted assessment for any parcel subject to
subsections 7.160(2) and (3) remains within the limitations imposed under
subsections 7.160(2) and (3); and
(c) There is no increase in the city's share of project costs or in
assessments to other parcels within the project whose owners were not a party to the
agreement.
Section 2. Section 7.407 of the Eugene Code, 1971, is amended to provide:
7.407 Driveways-Curb Cut Equivalent Street Assessment.
(1) In addition to any application or permit fee required by section 7.405, when
the owner of real property is required to obtain a curb cut 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)1, the owner shall pay
to the finance officer an equivalent assessment and any other fees required by the city before taking
Ordinance - 7
access to the street. If the property has delinquent local improvement assessments against it, before
issuing the curb cut 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 3.060 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 7.1 75 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) Equivalent assessments required by section 7.175(5) shall be paid at the time
of development by the person who receives a permit to develop the parcel as described in section
7.17 5( 5)(i). The equivalent assessment shall be calculated by the city engineer based on the factors
listed in section 7.175(5)(d), if applicable, and the engineer's estimate of what the costs of the
improvement would be if the improvement were constructed at the time of the development giving
rise to the obligation to pay the equivalent assessment.
( 4) In lieu of paying the equivalent assessment at the time of issuance of the curb
cut permit or upon the occurrence of one of the events described in section 7.175(5)(i) 1-4, except
where the development involves creation of a subdivision, the person obligated to pay the equivalent
assessment may execute and deliver to the finance officer an agreement to pay the equivalent
assessment in installments. The finance officer may accept an agreement to pay only if it is
consistent with the limits established under subsection 7.160(2) and (3). Equivalent assessments
paid as provided in this subsection shall be charged interest on the unpaid principal balance as
provided in section 2.022 of this code and are hereby declared a lien against the real property and
shall be docketed in the lien docket of the city and may be foreclosed in the same manner as other
assessment liens.
(5) The equivalent assessment required by this section shall be used for street
purposes and shall be in addition to all other fees and assessments required by this code.
Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney,
is authorized to administratively correct any reference errors contained herein or in other provisions
of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Ordinance - 8
Section 4. Pursuant to the provisions of Section 39 of the Eugene Charter of 1976, this
Ordinance shall become effective six months from the date of its passage by an affirmative vote of
two-thirds of the members of the City Council, and approval by the Mayor, retention by the Mayor
for more than ten days, or readoption over a Mayoral veto by two-thirds of all members of the City
Council. However, the provisions of the Eugene Code, 1971 as amended herein shall not apply to
an improvement authorized by the City Council prior to the effective date of this Ordinance.
Passed by the City Council this
Approved by the Mayor this
23rd day of October, 2000
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City Recorder
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