HomeMy WebLinkAboutOrdinance No. 20236
ORDINANCE NO~ 20236
AN ORDINANCE CONCERNING ASSESSMENT
PROCEDU~S; AMENDING SECTIONS 7.010, 7.1{}0, 7,125,
7.130, 7.160, 7.175, 7.250~ 7.295~ 7.29% 7.400~ 7.405, 7.40% 7.410,
7.420 AND 7.425; AND REPEALING SECTION 7.150 OF THE
EUGENE CODE, 1971; AND PROVIDING AN EFFECTIVE
DATE~
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 7.010 of the Eugene Code, 1971, is amended by revising the definition
for '~Public way" as follows:
TOiO
Definitions. For purposes of this chapter, the t%llowing words and phrases shall have
the mearfings ascribed to them by this section:
Public wa~. Any street, road, alley, right-of-way, pedestrian or bicycle
easement, storm drainage easement, wastewater sewer easement or other utility
easement fbr public use which is controlled by the city, county or state.
Section 2. Sections 7.100, 7.125 and 7.130 of the Eugene Code, 1971, are arnended to
provide:
7.100 Traffic Control Device8,.~ning, Etc, for Construction and Maintenance on Streets.
The document entitled Short Term Traffic Control Handbook (Oregon Department
of TransPortation, 1998 edition) is adopted and shall be in effect until the city engineer adopts a
replacement. The city engineer is authorized to adopt a different document addressing the same
subjects if the engineer finds that a different document is more up-to-date, consistent with state
standards or otherwise provides better standards for traffic control.
7.125 Local Im_provements - Deadlines.
(1) Petitions for local improvements that are filed on or before January fifteenth
o£the year lbr which the improvement is requested to be constI"acted will be considered by the city'
engineer for construction in that year. Petitions received after January fifteenth may be considered
for thal year or may be deferred to the following year, at the city engineer's discretion.
(2) Except for construction of local irnprovements in unincorporated areas that
the co~mcil has authorized, prior to petitioning fbr a local improvement, the area shall be annexed
to the city' and also shall have filed ~br any required land use approvals. A petition shall not be
considered for current year construction unless the area has filed a final plat approval on or before
January fifteenth of the year in which the construction is to be accomplished, unless the city
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engineer, in the engineer's discretion, determines that there is sufficient time to process the petition
despke later plat approvals
(3) Acceptance of a petition for local improvements is governed by section 7~ 160
of this code.
7.130 Construction of Public Improvements - Engineering and ins__pecfion Fees~
(1) The city engineer shall charge a fee set pursuant to section 2.020 of this code
ro cover the costs, including overhead, of engineering, inspection and review services performed by
the city on all private or public improvements not engineered by the city~ If the fees have not been
paid at the time the services are rendered, the city engineer or finance officer shall bill the recipient
of the services monthly or at less ~¥equent intervals if the city determines the amount of the billing
does not justify more frequent billing. A person subject to such fees may object to the basis for the
fees orthe amount of the fees to the city manager by filing a written appeal within 10 days of the date
of the invoice. Except for the time to appeal, the appeal shall follow the procedures described in
section 2.021 of this code. The ciVy engineer or finance officer and the appellant may resolve the
appeal informally au any time.
(2) If there is no objection to the fees, they shall be due and payable in fall within
20 days of the date of the invoice. If an appeal is filed, the fees are due and payable 10 days after
~rhe hearings official issues the final decision on the appeal. If not paid when due, the amount due
shall accrue interest ~om the date of billing at the rate established under section 2.022 of this code.
(3) If the fees are not paid on or before the date they are due and payable, the city
engineer may- do any or all of the following:
(a) Without further notice, issue a stop work order on the public
irnprovemem, which order rnay remain in force until the fees are paid or the recipient
of services provides a bond or other reasonable security to assure payment of the
fees;
(b) Establish a lien against the benefitted property, with interest to accrue
as provided in this section~ Such lien shall neither be deferred 'under section 7.200
nor paid in installments except as authorized under section 2~582;
(c) Collect the sum due to the city by any' other means authorized by law
or by a combination of such means and by one or more of the remedies listed in this
subsection.
(d) Decline to provide engineering, inspection and review service to the
same owner or applicant for another improvement project.
Section T150 of the Eugene Code, 1971, is repealed.
Section 4~ Subsections (4) and (6) of Section 7.160 of the Eugene Code, 1971, are amended
and a new subsection (9) is added to provide:
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7.160 Local Improvements - Initiation.
(4) A person desiring to construct or to have a local improvement constructed
shall first file a petition with the city engineer on forms provided by the city engineer.
(a) A petition for a local improvement to be constructed by the petitioner
at the petitioner's expense may be approved by the city engineer upon petitioner%
compliance with the applicable provisions of this chapter. The city engineer shall
present to the council petitions for local improvements to be financed in any part by
assessments against specially benefitted property. Such petitions ma5, be presented
singly or in a project group at the time requested by the petitioner, by the council or
by the city engineer, whichever first occr~s.
(b) Notwithstanding paragraph (a) of this subsection and subsection (8)
ofthis section, the city engineer may reject a petition for a local improvement if, in
the city engineer's judgment, the cost to other properties that 'would be included in
the local improvement district or the cost to the city for non-assessable components
of the improvement is excessive in relation to the benefits to be confbn'ed by
constructing the improvement, if the cky lacks funds or resources for the proposed
improvement because they are committed to other improvement projects that have
a higher priority, or if the proposed improvement would likely conflict with another
improvement project that is in process. A person whose petition is rejected by the
city engineer may submit to the council a written request that the council review' the
c~ty engineer's decision. If the council chooses to conduct such a review, it shall
consider the petitioner's written statement and the city engineer's explanation of the
reasons fbr the decision. The council may affirm the city engineer's decision, request
additional information, or direct the city engineer to accept the petition and present
it to the council in accordance with subsection(6) of this section.
(6) The city engineer, except when proceeding under subsection 7.160(8),
following initiation of consideration shall furnish the council a report containing the following
intbrmation and whatever additional information the council requires:
(a) A map showing the general nature, location, and extent of the
proposed local improvement and the contemplated district within which land would
be assessed for the cost of the proposed improvement.
(b) A list of all parcels of land in the district and of their ow2ers.
(c) An estimate of the total cost of the proposed improvement with a
breakdown showing the estimated amount and its percentage of the total estimate to
be borne by any petitioner prior to assessment, by local improvement assessments
against specially benefitted property, by the city and by any others.
(9) Parcels fbr which an equivalent assessment has been paid prior to construction
ora street improvement pursuant to sections 7.175(5)(d) and 7.407 of this code shall be included in
the local improvement district but shall not be assessed. A person who has previously paid such an
equivalenl assessment, or-whose predecessor in interest or agent has done so, may petition for an
improvement in the same manner as owners of property who have not paid an equivalent assessment,
and the amount paid as an equivalent assessment shall be treated as the estimated assessment against
the parcel for purposes of this subsection.
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Section 5. Sections 7.175, 7.250, 7.295 and 7.299 of the Eugene Code, 1971, are amended
to provide:
7.175 Local Im~)rovem~ts - 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 pa5, 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 subsections (2) through (12) of this section 7.175;
(b) Street improvements and sidewalks within the intersection of public
ways other than intersections of new streets within the boundaries of a new
development;
(c) A portion of the street and alley improvements for residentially zoned
property upon w'hich a single family dwelling or duplex exists which is ow-ned 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 necessmT to
properly drain the surface of the street being improved and to provide water quality
treatment to the runoft' fi~om 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 f~atures of the improverne~:~ 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.
(c) Not'withstanding any provision in subsections (3) through (12) of this
section, the city engineer may accept an alternative means of assessments or other
rneans of collecting funds for local improvements if:
1. The alternative means is approved by all affbcted property
owners; and
2. The city engineer determines that the alternative means
adequately protects the city's interest in recovering its costs.
(3) Street construction assessments - General.
(a) Assessable components of street improvements include driveway
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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 street
structure of a thickness determined by the city engineer as provided in sections
7.175(4)(a) and 7.175(5)(a), lanes for vehicular use, parking and parking bays);
c~:~'bs; gutters; catch basins, piping and other features necessary to remove and treat
or cleanse storm water from the improved surfhces; 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 T 175(3)(d) and (e) and T 175(5)(c), multiplied by the per-fbot
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 Mdths identified in subsections 7.175(4)(b) and 7.175(5)(b).
Where not all of the linear ~et 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(3)(e)
and (g), 7.175(4)(d) and T175(5)(d).
(c) For purposes of subsections 7.175(4) and (5), "development'~ means
a structure designed or used for human residence, business, industry or other
occupancy, or any physical alteration to land designed~ used or intended to serve such
a structure or a business or other use whose employees or customers access the
structure or business or other use from 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
developrnent on ~t, 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 aparcel 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.
(d) Vacant parcels less than one-half acre in size wdth residential zoning
and fully developed parcels wkh a single family dwelling or duplex and residential
zoning shall be assessed fbr the actual front footage abutting the improvement,
except tha:t no parcel shall be assessed for less than 50 feet of frontage or more than
100 feet of frontage.
(e) 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 fbr
100 fbet of frontage at the time of the improvement, and the remaining frontage shall
be used to calculate an equivalent assessment when required by and in accordance
with sections 7.175(4)(d), 7.175(5)(d) and 7.407 of this code.
(f) Notwithstanding paragraphs (d) and (e) of this subsection and
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paragraph (b) of subsection 7.175(5), 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 l~kom the
street being improved. Notwithstanding the foregoing sentence, if such a parcel
abuts the street improvement and is subject to a recorded petition for street
in:tprovemen~s 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 under the circumstances described in subsections
7.175(4)(d) and 7.175(5)(d)~ even if the parcel does not take direct access from the
street being improved. For purposes of this section, a parcel "takes primary access"
fi:om 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.
(g) Vacant parcels of one-half acre or larger shall not be assessed at the
time ofthe street improvement, but the person who receives a permit to develop such
a parcel shall pay an equivalent assessment when required by and in accordance with
sections 7.175(4)(d), 7.175(5)(d), and 7.407 of this code.
(h) 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.
(i) Except as otherwise provided in section 7.175 of this code, a parcel
shall be assessed for the actual full footage abutting the improvement.
(4) Local streets:
(a) Calculation of assessments for improvements to a local street shall be
as provided in this subsection 7.175(4). As used in this subsection, "local street"
means any street not designated as an arterial or collector street on the Street
Classification Map adopted on November 22, 1999, or as subsequently amended. In
addition to the components listed in subsection 7. t 75(3)(a), assessable components
of a local street improvement may include street lights and street trees if they are
within the scope of the improvement project. The assessable thickness of the street
structure shall be the full thickness determined by the city engineer to be appropriate
ibr the permissible uses of the parcels abutting the street.
(b) A parcel abutting a local street shall be assessed for an improvement
ro 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 17 feet of width.
A parcel with zoning other than single-family or low-density
residential zoning shall be assessed for a maximum of 22 feet of width.
(c) The cost for the assessable width shall be apportioned to each parcel
on the basis of its front fbotage abutting the improvement, except where subsection
7.175(3)(d) or (e) of this code provides for assessment of less ti-mn the full frontage.
Ord;mance - 6
Where the width of the street improvement varies within the improvement district or
the improvement includes special features that abut fewer than all of the parcels in
the improvement district, the city engineer shall determine Whether the additional
width or special features specially benefit specific parcels or benefit the improvement
district generally, and parcels shall be assessed for additional width or special
features in accordance with the engineer's determination.
(d) Concerning a parcel or a portion thereof for which paragraphs (e) or
(g) of' subsection 7.175(3) require no assessment at the time of the improvement:
1. A person who receives a permit to develop such a parcel after
the improvement has been constructed shall pay an equivalent assessment
based upon the abutting front footage 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 occurs:
A. A permit is issued authorizing construction of a new
driveway access to the local street;
B. A permit is issued authorizing constxuction of a new
street that counects the parcel to the local street;
C. Any partition, subdivision or development of the
parcel regulated by Chapter 9 of this code is approved; or
D. Construction of a new structure capable of human
occupancy.
2. A person who receives a permit to develop such a parcel
before improvements to the abutting street have been constructed shall not
pay an equivalent assessment when the permit is received, but the parcel shall
be assessed as otherwise provided in section 7.175 of this code when the
street improvements are constructed.
(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. In addition to the components listed
in subsection 7.175(3)(a), assessable components of an arterial or collector street
improvement may include a portion of the street trees planted as part of the
improvement project. The assessable thickness of street structure for an arterial or
collector street shall be the thickness determined by the city engineer to be the
equivalent of the thickness appropriate for predominantly local residential use.
(b) In addition to assessment for curb, gutter, sidewalks and driveway
aprons, parcels assessed for improvements to an arterial or collector street 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
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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 w4dth and
associated drainage system for the portion of pavement to be assessed.
(c) 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.
(d) Concerning a parcel or portion thereof for which paragraphs (e) or (g),
of subsection 7.175(3) require no assessment, a person who receives a permk to
de'velop such a parcel, whether before or after the improvement has been constructed,
shall pay an equivalent assessment based upon the abutting front footage of the parcel
that was not previously assessed, m be calculated, reviewed, and paid as provided in
section 7.407 of this code before any of the fbllowing occurs:
1. A permit is issued authorizing construction ora new driveway
access to the artehat or collector street;
2. A permit is issued authorizing connection of a new street that
cormects 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.
(6) Alley_~provement assessments. Alley improvement assessments shall be
apportioned as fbllows:
(a) The front footage of a parcel along the alley shall be ascertained and
that footage shall be weighted, on the basis of existing use of the parcel 'under the
zoning of the city, by multiplying the footage by the factor indicated fbr that use in
the following table:
Use Factor
Single fhmily dwelling or duplex 1.0
Other residential 3.0
Commercial or General Office 10.0
Industrial 10.0
Other t.0 - t 0.0'
~According to the most intensive use of the parcel most comparable
to the use listed above as determined by the city engineer.
(b) The area of eac:h 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 mad
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.
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(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 fbr a
proportionate share of the cost of the sidewalk, based on the front footage of the parcel abutting
t e s~dewalk. The front fbotage shall be ascertained m the same manner as ibr 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 drainage system assessments. The cost of storm sewer construction
shall be borne in the fbllowing manner:
(a) In a new or undeveloped subdivision or a new development, the
parcels specially benefitted by the storm drainage system shall bear the cost of the
system pipe or other facility -up to and including the first 24 inches of pipe diameter
or comparable capacity in another storm drainage facility. Subject to subsection (1)
of this section, for pipes larger than 24 inches or comparable capacity in another
storm drainage facility, the city shall pay a proportional share of the cost calculated
as follows:
City Percentage of Cost =
(Pipe Diameter) - 24 x 100%
(Pipe Diameter)
Where pipe diameter is actual pipe diameter or the comparable measurement
of capacity of other storm drainage facility being used.
(b) The cost to be assessed shall be apportioned to each parcel on the
basis of its land area in the assessment district.
(9) 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 eighi, 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) ewe. r service lines. Each parcel provided with a service tine
that extends from the eight-inch or larger lateral sewer line to within t 0 feet of the
Ordinance - 9
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 oneach 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 poinL Each parcel shall be charged for the number of service line
connection points provided.
(c) Lateral s_ewer 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 fbr each parcel shall be determined as fbllows:
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 ri ght*of* way
line or within 160 ibet of the side- or rear-lot lines when the sewer is located
nearer such a line than the street line.
2. For 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 - ~ right-of-way)
( line to sewer width )
160
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 necessm2f 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 mai property to be assessed are in a planned 'unit
development, condominium or other development in which the common elements are jointly owned
by those owning individual units within the development, the entire development 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 entke planned unit development or condorninium, 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
terms of the irrevocable petition, if there is one, or according m the recorded declaration ifk contains
express language directing the apportiomnent of assessments for public improvemen~s~
Notwithstanding the ibregoing sentence, the city engineer may select an alternative method if~ in the
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engineer'sjudgment~ the recorded declaration does not provide adequate security' ~br pasTnent of the
owners~ obligations to the city and the alternative method is equitable to alt owners. Absent such
express language in an irrevocable petkion, a recorded dectaration~ or a determination by the council
that only specific individual units within the planned unit development or condominium specially
benefit ~om the improvement and should therefore bear the assessments~ the assessments shall be
apportioned and assessed among the individual unks according to the individual unit's proportionate
interest in the common elements. Where the foregoing provisions conflict or do not provide
sufficient guidance, the city engineer shall make an equitable apportionment of the assessments
according to the engineeFs judgment as to proportionate benefit and in a manner that provides
adequate security to assure payment of the owners~ financial obligations to the city.
(12) Without repeating the notice required by section T185, priorto enactmemof
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 T175(3) may be
adjusted b~ a w~rkten a~n'eemer~t between the affected owners and the cky engineer provided:
(a) No parcel% 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 reader
subsections 7. t 60(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 prQect whose owners were not a party to the
agreement.
7250 Loc vements - Se rgr~ati9n of Assessments.
(1) Whenever property assessed as an entire tract under sections 7.055~ 7.130 to
7.270 or 7.465 to 7.565 ~s subsequently subdivided or partitioned, a person owning any of the
subdivision or partition and desiring to remove the assessment from the subdivision or to apportion
the assessment among the parcels in the partition shall apply to the city finance officer for a
segregation of the assessment and a determination of the amount due on that subdivision or partition.
(2) The finance officer may thereupon cause an appraisal of the entire subdivision
or partition at the owner's cost and shall determine if the segregation can be made wkhout prejudice
to the security interest of the city. If there is no prejudice to the city, the finance officer shall upon
receiving payment applicable to the segregated portion of the tract~ discharge the lien of the
assessm~n{ on that suCdiv~sion or partkioh, brovided~ however~ that if the lien is discharged before
it is determined if there w5tl be a rebate or deficit assessment, the owner shall be advised in writing
and a notation shall be made in the lien record of the possibility of a rebate or defick assessment.
If the finance officer determines that the city would be prejudiced by a segregation requested
pursuant to s*absection 7.250(1) or that another provision of this code requires payment in f~2lL
payment of the entire assessment fbr the subd Msion or partition shall be a condition precedent to
discharge of the lien ofthe assessment. The finance officer shall deny the application in wCking and
ddiver or mall by first class mall postage prepald~ the decision to the owner.
(3) Any owner aggrieved by the finance officer's decision on an application for
segregation of assessment under this section may seek ks review before a hearings official folloMng
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the procedures in section 2~021 of this code. The petitioner shall have the burden of proof in such
review.
(4) Each application for segregation of assessment shall be accompanied by a fee
in the amount specified in the schedule of fees established by the city manager pursuant to section
2.020 of this code.
7.295 Public WaLConstruction and_Use - Permit Application.
(1) Unless otherwise permitted in section 7.305, application for a permit to
perform work affecting a public way shall be made to the city engineer on forrns provided by the city
engineer. The city engineer may waive the requirement to complete the application form and pay
the permit fees and restoration deposit when the amount of work to be done in the public way does
not warrant the cost of processing the application.
(2) No permit which anthorizes the cutting of street surfaces shall be issued for
installation of any utihty or facility for a period of five years from the time the street is constructed
or resurfaced~ unless otherwise approved by the city engineer pursuant to rules adopted under section
2.0t9 and section 7.302(5) of this code.
(3) If the city engineer determines that it is proper that the proposed work be done~
the application shall be approved. After approval, and upon receipt of the required fee, deposit, and
proof of hcense and bond required by section 7.290(3), the city engineer shall issue a revocable
perm/t.
(4) The city engineer may deny a permit for work affecting a public way- if the
applicant has failed to comply with permit conditions or with provisions of this chapter or applicable
administrative rules on two or more occasions in the previous 24 months, or if the city engineer
determines that the work is incompatible with other uses of the public way.
(5) If the city engineer denies a permit., or revokes a permit because of a failure
to comply wi'th the provisions of this chapter or because another public purpose is to be
accomplished which is inconsistent with the permitte&s use of the public way, the applicant or
permittee shall have the right of appeal to the city manager as provided in section 2.021 of this code.
(6) Permits issued pursuant to this section do not authorize vehicle parking in the
public way. If the proposed construction necessitates parking vehicles in the pubhc wa.5,, the
applicant must make an application for a parking space rental permit in accordance with and subject
to section 5.350.
7.299
(1)
Public ~truction and Use - Permit Sus_pension or Revocatiom
The city engineer may suspend or revoke a permit issued under section 7.295 if:
(a) The permittee fails to restore the public way- in a safe and timely
manner;
(b) The permittee fails to comply with any condition of the permit or any
requirement of this code or administrative rules adopted by the city manager; (c) An error or omission is discovered in the plans;
(d) New conditions at the location of the work are discovered that require
changes to design, capacity or location of the work subject to the permit;
(e) The work that is the subject of the permit is not completed in a timely
Ordinance- 12
mariner ~
(2) The city engineer shall suspend rather than revoke a permit under this section
ifi~ reasonably appears that the cause ibr suspension or revocation can be remedied in a reasonable
period of tim~
Section 6.
Section 7.400 of the Eugene Code, 1971~ is amended by revising the definition
of ~%ingle ownership" as follows:
7.400
_Dr_iyeways - Definitions. For the purposes of sections 7.400 to 7.440, the ibllowing
terms shall mean:
~le ownersh, i¢.
(a) A parcel of land under one ownership.
(b) A parcel of land under 15-year lease or longer, operated under
separate management.
(c) A group of separately owned parcels operated under group
management.
(d) Adjacent parcels under one ownership.
Seetio~g 7. Sections 7.405, 7.407, 7~410, 7.420 and 7.425 of the Eugene Code, 1971~ are
arr~ended to provide:
7.405 9ris~eways_.r Prohibited Loc~fions, Special Re_quiremCgts an_d
( 1 ) No driveway approach shall be permitted to encompass a municipal facility-.
Under the permit, the applicant may be authorized to relocate a municipal facility, including any
within the limits of a curb return which may be encroached upon as allowed under subsection
7.405(3).
(2) Properties at intersections shall have the driveway apron begin no less than
20 feet from the end of the radius of the curb, or 20 feet from the property comer if there is no curb.
(3) The Public Works Department shall maintain a street classification map or
other map showing major streets that require special regulation of driveway approaches. The map
and subsequent changes thereto shall be approved by the planning commission. All applications for
driveway' approaches on streets shown on the map and all commercial and industrial land uses shall
be reviewed by the city' manager or the manager's designee who may alter driveway approach
requirements from standards provided in this code~ based on the fbllowing:
(a) To maximize safety for vehicular traffic, or
(b) To provide adequate protection ibr pedestrians and bicyclists; or
(c) To provide protection for establishments using streets for thek service
facilities.
(4) If a parcel has frontage on both a local residential street and an arterial or
collector street, where practical, the driveway shall access only the local residential street.
(5) The city manager or the manager's designee shall have the right, after due
Ordinance - 13
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
(5) In lieu of paying the equivalent assessment at the time of issuance of the curb
cur permk or upon the occurrence of one of the events described in section 7A75(5)(d) 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 ofricer 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 bruits established under subsection 7A60(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.
(6) The equivalent assessment and access fee 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.
7~410
Drive Cut.
(1) The length of driveway curb cuts shall not exceed the following dimensions:
(a) Each single ownership shall be entitled to a 20-i¥ot driveway curb cra,
if that is consistent with the requirements of section 7.405 and requirements for
vision clearance in chapter 9 of this code.
(b) Where a driveway curb cut or curb cuts in excess of 20 feet
requested ibr a single ownership~ the maximum lengths which the city manager or
the manager% designee may approve are as follows:
Number of
!~rontag_e_ Curb Cuts
Total Len~_h 9£Curb Cuts
40 ft. or less 1
Over 40 ft. to 100 ft. 2
Over 100 ft. to 200 ft. 3
Over 200 ft. to 300 ft. 4
Over 300 ft. to 500 ft. 5
Over 500 ft. 6
20 feet
20 ft. + 50% of fi:ontage
over 40 ft.
50 ft. 30% of frontage
over 100 ft.
80 ft. ~ 20% of frontage
over 200 ft.
100 ft, ~ 10% of frontage
over 300 ft.
120 ft. - 5% of frontage
over 500 ft.
(c) The driveway' apron width for single family dwelling or duplex shall
be no less than 12 feet.
(d) The driveway apron width for multi-family, commercial and industrial
developments shall be no less than 20 feet.
(2) A safety island of not less than 22 feet of fhll height curb shall in all cases be
Ordinance- 15
provided between driveway approaches under one ownership or where practic£ble under separate
ownership~
(3) The maximum length of a single curb cut shall not exceed 35 feet unless
authorized by 'the city manager or the manager's designee as provided ir~ section 7.445.
14) In no event shall the curb cut extend beyond the property line or rights of the
owner requesting the curb cut, except in those cases where:
(a) The adjacent property owner gives written approval, or
(b) In the opinion of the city manager or the manager's designee such a
decision is necessary for safe ingress and egress for the traveling public; or
(c) Two attached single-family dwellings face the same street with side
'by' side parking, in -which event, a single curb cut shall be required., and the property
owners shall execute a recordable agreement providing for the joint use of the curb
cut. Upon finding that a single curb cut would be impractical or unsafe, the city
manager or the manager's designee may grant an exception to this requirement.
(5) Upon application of the involved property owners, more than one industrial
development site may share a single curb cut in I-1, I-2 and I-3 zones, upon a finding by the city
manager or the manager's designee that it will result in safb ingress and egress fbr users thereof and
the general public.
T420 Drivew~..S. - General Constrnction Requirements.
(1) All driveway approaches between the curb line and the back edge of the
sidewalk shall be constructed of Portland cement concrete. The concrete of the driveway approach
including the sidewalk section, shall be constructed in accordance with the specifications given by
the city engineer.
(2) The sidewalk section ofthe driveway approach shall be finished and scored
as specified by the city engineer for typical sidewalk construction.
(3) Driveway approaches shall be constructed in accordance with the standard
plans for driveway approaches as filed with the city engineer, a copy of which shall be furnished the
applicant at the time the construction permit is issued.
7.425 D s ~ Near Alle_~. Driveway approaches located within five feet of the
existing curb return at an alley- intersection rnay be merged with the alley intersection
pavement, thus requiring 'the removal of the existing curb retum. The total apron length plus the
alley width, measured at the curb line of the apron to the opposite alley line, shall not exceed 40 feet.
A public access easement shall be recorded and submitted to the city upon issuance of a permit to
construct the drivewa}.
Section 8. 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 - 16
.Section 9. Notwithstanding the provisions of Section 32 of the Eugene Charter of 1976~
pursuant to Section 39 of the Eugene Char~er of 1976, the amendments to Sections 7.125, 7,130,
7.t602 7.175, 7.250 and T407 of the Eugene Code, 1971, as provided in this Ordinance, shall
become effective six months from the date of its passage by an affirmative vote oftwo-thirds of the
members of the City Councik However, the amendments to those sections shall not apply to an
improvement authorized by the City Council prior to the effective date of this Ordinance.
Sectiog !0~ Pursuant to the provisions of Section 32 of the Eugene Charter of 1976, except
for those sections covered by Section 9 of this Ordinance, this Ordinance shall become effective
thirty days after adoption of this Ordinance by the City Council and approval by the Mayor, retention
by the Mayor ~br more than ten days, or readoption over a Mayoral veto by two-thirds of all members
of the City Council.
Passed by the City Council this
26® day of November~ 2001
Approved by the Mayor this
2{~~h day of November, 2001
Ma or /
Ordinance ~ 17