HomeMy WebLinkAboutOrdinance No. 19653ORDINANCE NO. 19653
AN ORDINANCE CONCERNING ASSESSMENTS AND DEVELOPMENT
CHARGES, AMENDING SECTIONS 1.005, 1.010, 7.050, 7.055,
1.060, 7.065, 7.010, 1.085, 7.125, 7.130, 7.140, 1.145,
7.154, 1.160, 7.165, 1.166, 7.175, 1.185, 7.190, 7.195,
7.250, 7.219, 7.281, AND 7.520 OF THE EUGENE CODE, 1971;
REPEALING SECTION 1.135 OF THAT CODE; AND PROVIDING AN
EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN A5 FOLLOWS:
Section 1. Section 7.005 of the Eugene Code, 1971, is amended to pro-
vide:
7.005 Cit En ineer - Defined. For purpases of this code the city
engineer shall be the person so designated by the city manager.
Section 2. Section 7.010 of the Eugene Code, 1971, is amended by delet-
ing the definition far "Bancroft Bonding Act" therefrom and adding defini-
tions for ""Building official", "City sewer"', and "Public improvement" in
alphabetical order therein, to provide:
1.010 Definitions. For purposes of this chapter, the following words
and phrases shall have the meanings ascribed to them by this sec-
tion:
Buidin~ official. The person designated by the city manager
w~ th the respans~ bi 1 ~ ty for administration and enforcement of the
state building codes.
Cit sewer. The sewerage system Of the city of Eugene.
Public,i,mproyement. Any improvement which upon construction
and acceptance by the city shall become the city's responsibility
to maintain, repair or replace. Public improvement includes but is
not limited to a local improvement or other structure or facility
constructed upon or under public or private property.
Section 3. Section 7.050 of the Eugene Cade, 1911, is amended to pro-
vide:
Ordinance - 1
1.050 Premises Located Outside Cit - Connectian Prohibited. No person
shall connect premises located outside the city limits to the sewer
system of the city until;
~a} An application therefor has been submitted and a permit
issued in accordance with the provisions of section 2.212 of this
code;
fib} The council has included the property within a lacal im-
provement district for sanitary sewers; ar
~c} The city engineer has determined, consistent with council
policy, the property is to be connected to the sanitary sewer avail-
able to serve the property.
Section 4. Section 7.055 of the Eugene Code, 1971, is amended to pro-
vide:
7.055 Pro ert Served b Existin Sewers - E uivalent assessment.
~1} The owners of all real property lying within 160 feet of the
city sanitary sewer system, which can be served by an already installed city
sewer line and which has not paid a local improvement assessment for the sani-
tary sewer to which connection is to be made shall pay to the finance officer
an equivalent assessment and any other fees required by the city before con-
necting to the sanitary sewer. If the property has delinquent local improve-
ment assessments against it, before issuing the sewer connection permit, all
delinquent assessments shall be brought current. The equivalent assessment
shall be determined by the city engineer, taking into account the city
policy that each parcel of real property shall pay at least for an eight inch
lateral sewer system, based on the greater of the cast of constructing the
sanitary sewer to which connectian is proposed or the cost at the time of
connectian of local improvement assessments for similar sanitary sewers. As
used in this subsection "cast" includes the expenses identified in section
l.llo. The total equivalent assessment shall be reduced by any principal
payment received on a lacal improvement assessment levied against the prop-
erty for a sanitary sewer. Any person aggrieved by the city engineer's
determination of the equivalent assessment may seek its review before a hear-
ings official by following the procedures in section 3.060 of this code. The
petitioner shall have the burden of proof in such review.
~2} The city may accept and incorporate all or part of the sani-
tary sewer facilities of a special service district as apart of the city's
sanitary sewer system. After such acceptance, the city may establish spe-
cial assessment and connection fees in the manner provided by law.
~3} In lieu of paying the equivalent assessment at the time of
connection, the owner of the real property to be connected to the sanitary
sewer may execute and deliver to the finance officer an agreement to pay the
equivalent assessment in installments. The finance officer may accept the
owner's agreement to pay vniy if it is consistent with the limits established
under subsection 7.160~Z} and ~3}. Equivalent assessments paid as provided
in this subsection shall be charged interest on the unpaid principal balance
as provided in section 2.02 of this code and are hereby declared alien
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.
Ordinance - 2
~4} The equivalent assessment required by this section shall be
used for sanitary sewer purposes and shall be in addition to all other fees
and assessments required by this code.
Section 5. Section 7.060 of the Eugene Code, 191, as amended by Ordi-
Hance ~965~ is amended to provide:
7.060 Method of Pa in Cost and Ex ense of Sewers. Except when council
policy directs otherwise or when limited because of the availability
of funds, the cost of constructing all general or trunk sewers in excess of a
normal eight-inch lateral and the cost of maintaining, repairing and recon-
structing all city sewers shall be paid from sewer revenues whether derived
from user fees, charges, taxes, assessments or otherwise, or from the proceeds
of bonds issued and sold for that purpose.
Section 6. Section 7.065 of the Eugene Cade, X911, is amended to pro-
vide:
7.065 Storm Water and Sewers.
~1~ No person shall connect downspouts or other conduits for
carrying storm water to any city sanitary sewer. This type of conduit shall
be discharged into either a watercourse, paved street, gutter, or into a
storm sewer, A permit shall be required from the building official of the
city preparatory to tapping a storm sewer line or discharging a conduit into
a street gutter. All existing roof drains or other drains carrying storm
water to a city sanitary sewer shall be disconnected from such sanitary sewer
and reconnected to either a watercourse, street gutter ar storm sewer.
~2} In all building plans submitted to the building official,
where the improvement sought to be made contemplates the disposal of storm
water, such plans shall show what storm sewer connections are contemplated
and what storm water is to be discharged therein, and such plans so submitted
shall be reviewed and approval granted by the city engineer. The building
official sha11 not approve the plans until this approval is given. R permit
sha11 be required before any hookup is made.
~3~ Upon application being made to the building official for a
permit tv discharge storm water into the city storm sewer system, the city
engineer shall inspect the proposed connection, and if in his or her judgment
the connection should be made, the city engineer shall approve the permit
and the bui 1 di ng official shal l i ssue the permit. Permits shal 1 only be
issued to allow owner installation for personal dwelling; other installa-
tions shall be permitted by licensed plumbers and septic tank installation
contractors.
Section 7. Section 1.010 of the Eugene Code, 1971, is amended to pro-
vide:
ordinance - 3
l.07o Dischar a of Forei n Matter - Preventative Devices.
~~} No person shall allow the contents, filth or poisonous sub-
stance from a sink, sewer, cesspool ar drain to flaw out on ar under a
public way or on any lot or grounds adjoining his or her premises.
~2} No person shall place or cause to be placed foreign matter
which is harmful to the sewer pipe or has a tendency to clog sewers into any
city sewer or permit such foreign matter in the control of such person to
enter the city sewer. Among other things, 'live steam" acid wastes which
have a pH value of less than 5.5, or alkaline wastes which have a pH value
of more than 9.5 shall be deemed to constitute foreign matter.
~3} Every establishment or place where foreign matter is or may
be produced is hereby required to install such necessary catch basin traps
or other devices for the purpose of preventing such foreign matter from
entering a city sewer, 1t shall be the responsibility of the individual
violating this provision to furnish the city upon request, plans prepared
by a registered engineer showing the proposed method of elimination. Such
device shall be approved only if tests and subsequent engineering data estab-
lish that a desirable standard of removal is produced.
Section 8. Subsection ~1} of Section 1,085 of the Eugene Code, 1971, is
amended to provide:
7.085 Standard S„pecif„cations.
~1~ The city engineer shall prepare standard specifications for
construction, reconstruction or repair of local improvements to be con-
structed within areas under the city's jurisdiction to be kept on file in
the city engineer's office.
Section 9. Subsection ~2} of Section 1.125 of the Eugene Code, 1971,
is amended to provide:
1.125 Local Im rovements - Deadlines.
42} Except for construction of local improvements in unincorpor-
ated areas that the council has authorized, prior to petitioning for a local
improvement, the area shall be annexed to the city and also shall have filed
for preliminary plat approval with the planning commission. 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.
Section 10. Section 1.130 of the Eugene Code, 1911, is amended to pro-
vide:
Ordinance - 4
1.130 Construction of Public Im rovements _ En ineerin and Ins ectivn
Fees.
~1} The city engineer shall charge a fee set pursuant to sectian
2.020 of this code to cover the casts, including overhead, for engineering,
inspection and review services performed by the city on all public improve-
ments not done by the city. If payment of the fee is not made within 20 days
of billing, the amount due shall earn interest from the date of billing at
the rate established under section 2.022 of this code.
~2} The fees and interest autharized by this section shall be
collected monthly from the petitioner. Upon failure of the petitioner to
pay the fees w7th~n 20 days of billing, the city engineer may:
~a} Without further notice, issue a stop work order on the
public improvement which order may remain in force until the fees
are paid;
. fib} Establish alien against the benefitted property as pro-
v~ded in sections 7.185, 1.187 and 7.1901}. Interest on such
liens to commence as provided in this section. Such lien shall not
be deferred under section 7.200 nor shall it be paid in install-
ments except as authorized under sectian 2.582;
~c} Collect the sum due the city as provided by law.
The city engineer may collect the sum due for services rendered by using one
or more of the remedies listed in this subsection or any other remedy at law.
Section 11. Section 7.135 of the Eugene Code, 1971, is hereby repealed.
Section 12. Section 1.140 of the Eugene Code, 1971, is amended to pro-
vide:
1.140 Canstructi on of Pub1 i c Im rovements - Pre arati on of P1 ans b
Petitioner's En ineer. A petitioner may, at petitioner's expense
employ a licensed engineer to prepare the plans for a public improvement.
The original plan based an drafting standards set by the city engineer shall
be de1~vered to the city engineer for review and approval before construction
may begin. No prints or transparencies shall be accepted and the pi ans sub-
m~tted shall be retained by the city. The cast of public improvements con-
structed under this section are not eligible for financing as local improve-
ment assessments under sections 1.175 to 1.200.
Section 13. Section 7.145 of the Eugene Code, 1971, is amended to pro-
vide:
1.145 Construction Of Public Im ravements - Bond. Except for sidewalk
projects required under sections 7,152 to 1,156 and for work auth-
ori zed under sections 1.290 to 7.308, befare commencing canstructi on of any
public improvement a person shall file with the city engineer a good and
Ordinance - 5
sufficient bond in an amount equal to the estimated cost of the improvement,
guaranteeing to the city that the improvement shall in all ways comply with
the plans and specifications approved by the city engineer and that the im-
provement wi 11 be instal 1 ed using first-class material and i n a f i rst-class,
workmanlike manner under the direction of the city engineer, and that the
improvement wi11 be free from defects or need of repair far a period of one
year from the completion of the improvement and that guarantees payment of
any fees charged under section 1.130.
Section 14. Section 1.154 of the Eugene Code, 1911, is amended to pro-
vide:
7.154 Sidewalks and Culverts - Re air and Reconstruction - Char es. If
the owner does not obtain the permit required by sections 7.290 to
1.308 within 20 days after the date of the notice or does not do the neces-
sary repair or reconstruction as authorized by section 7.153 within 20 days
after receiving the permit, the city engineer may cause the repair or recon-
struction to be performed either with city forces or by private contract.
If the work is performed by city forces, the owner shall be charged at a
rate established by the city manager pursuant to section 2.OZ0 of this code
which shall cover the costs of the work, including supervision, inspection,
billing, overhead, and whatever additional casts any extraordinary aspect of
the work entails. If the work is performed under private contract, the owner
shall be charged the amount actually paid to the contractor, plus a charge
for supervision, ~nspect~on, billing, interest on warrants and overhead, as
established by the city manager pursuant to section 2.00 of this code, The
finance officer may collect the cost of the work plus interest thereon as
provided in section 2.02 of this code from the owner, or proceed, in accord-
ance with section 6.100 to cause the cost of the repair or reconstruction to
be assessed against the property, and made subject to interest and to 1 i en
and foreclosure. Payment of the lien may be deferred, extended or modified
as provided in section 1.195.
Section 15. Subsections ~2} and ~1} of Section 7.160 of the Eugene Cade,
1911, are amended to provide:
1.160 Local Im rovements - Initiation.
~Z} The council may from time to time establish a policy regard-
ing acceptance of petitions to construct local improvements tv serve property.
In establishing the policy, it shall consider:
~a} The city's acknowledged land use designation for the
area to be served and the impact of the development of the area
on the goals of the community;
fib} The credit rating of the city and its ability to retire
existing bend obligations using payments from the owners of pre-
viously assessed property;
ordinance - 6
~c}, The level of petitioner's investment in local improve-
ments being constructed to serve the area;
~d} The availability of private capital or other means to
finance local improvements to undeveloped property;
fie} The payment history of petitioners on other local improve-
ment assessments;
~f} Any other factors the council deems significant.
.~1} After considering a report furnished under subsection 7.1606},
the council may:
~a} Order the local improvement to be made and direct the
city engineer to prepare plans and specifications for the improve-
ment and to call far bids on the construction contract;
fib} Modify the improvement, order it to be made as modified,
and direct the city engineer to prepare plans and specifications
for the mad~f~ed improvement and to call for bids on the construc-
tion contract;
~c} Require additional information about the improvement; or
~d} Decide not to make the improvement.
Section 16. Section 7.165 of the Eugene Code, 1971, is amended to pro-
vide:
7.165 Local Im rovements - Public Notice and Call for Bids.
~1} In a newspaper of general circulation in the city the city
engineer shall give public notice of the proposed local improvement at least
ten days before the public hearing on the improvement. The notice shall
state:
~a} The estimated total cost of the proposed improvement and
haw the cost shall be borne.
fib} When and where a public hearing on the improvement will be
held.
. ~c} The date the counci l directed preparati an of plans and
spec~f~cat~ons for the improvement, or the date and description of
the city engineer's finding required by subsection 7.1608}.
~d} The date by which the impravement is to be completed.
fie} Who may remonstrate against the improvement.
~f} Haw such a remonstrance may be made.
~~~ By first-class mail the city engineer may also notify owners
of,property in the contemplated improvement district of the public hearing
prior to formation of the improvement district. The notice shall include
the information contained in the newspaper notice required by this section
and shall identify far each owner the property to be assessed for the pro-
posed local impravement.
Section 17. Section 1.166 of the Eugene Cade, 1911, is amended to pro-
vide:
Ordinance - 1
7.166 Local lm rovements - Hearin on Im rovement.
~1} Before formation of a local improvement district, the council
or its designee shall hold a public hearing on the improvement. At the hear-
ing the city engineer shall provide:
~a} An estimate of the unit cost to be assessed to properties
in the improvement district.
.fib} An estimate of the city casts that the improvement would
entail.
~c} An estimate of the improvement costs to be borne by
others.
~d} A recommendation on whether the improvement should be
made.
When the hearing is conducted by the council's designee, the designee shall
prepare a written summary of the hearing and submit it to the council.
t2} When the hearing required by subsection 7,1661} is conducted
by the council's designee, if the owners of property that would bear more
than half the amount estimated to be assessed to finance the improvement or
repair of a street or alley remonstrate, the council's designee shall con-
tinue the hearing.to a council meeting and direct the city engineer to send
by first-class mail a notice to the owners of the affected property stating
the date, time and place of the council meeting when the proposed improve-
ment and the remonstrance wi11 be considered.
~3} ,After considering evidence and argument presented at the hear-
~ng, the caunc~l may:
~a} Subject to city charter limitations, approve by resolu-
tion the local improvement with or without minor modifications and
order it to be made. The resolution shall generally describe the
improvement to be constructed and the contemplated boundaries of
the district in which property is to be assessed to pay for the
improvement.
fib} Delay the approval not more than 15 days.
~c} Substantially modify the improvement and call for a re-
vised notice to be sent to the owners of the affected property as
provided in subsection 1.1652} and a revised city engineer's
report as required by subsection 1.1661} and then conduct the
hearings as required in this section on the modified improvement.
~d} Abandon the improvement.
~4} If the council orders a local improvement to be made and does
not concurrently levy the assessments therefor, notice of the prospective
assessments to finance the improvement shall be given to each title company
known to the finance officer to be conducting business in the city. Each
company that receives the notice shall record the prospective assessment in
all title searches far property in the assessment district contemplated for
the improvement.
~5} After formation of a local improvement district the city
manager may award a contract far the construction of the improvement as pro-
vided in section 2.1200 et seq. of this code.
Section 18. Subsections (1), (2)(b)5. and (2)(b)6. of Section 7.175 of
the Eugene Code, 1971, are amended to provide:
Ordinance - 8
7.175 Local Im rovements - A vrtivnment of Assessments.
~1} Whatever share of the total estimated or actual project costs
of the local improvement is to be borne by the city and others shall be de-
ducted from the total praject 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} Extra capacity constructed in the improvement to serve
areas beyond the improvement district;
fib} Paving and sidewalks within the intersection of public
ways which costs may also be paid by assessing the abutting public
way;
~c} Storm sewers constructed as part of a street improvement
project within existing deve1aped areas;
~d} Other costs attributable to special canditivns 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 bene-
fitted by the local improvement:
fib} The remainder of the costs of the improvement shall be
assessed against the property as follows:
5. Sanitar sewer assessments, The cast of sanitary
sewer construction shall be borne in the following manner:
a. The properties specially benefited by a sani-
tary 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. Sanitar sewer service lines. Each parcel pro-
vided with a service line that extends from the eight-
inch or larger lateral sewer line to within IO feet of
the property line, shall be considered to have one ser-
vice line connection point. If mare than one service
line connection point is provided the parcel, it shall be
assessed for the actual number of service line connection
points. Far large, unplatted parcels, provided with one
or more service line connection points, each service line
connection paint shall be considered to serve an area of
not more than 120 feet in width, and not more than ~0
feet on each side of the service line connection point.
A11 costs related to the service lines, including over-
head costs, shall be divided by the total number of ser-
vice 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 s stem, 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
Ordinance - 9
cost per square foot of service area, determined by divid-
ing the total lateral system cost by the total service
area. The service area for each parcel shall be deter-
mi ned as fol 1 vws
~1} For parcels provided with a service line,
the service area shall be that portion of the par-
cel lying within 160 feet of the street right-af-
way line or within 160 feet of the side- or rear-
iot 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 - 1/2 right-of-way)
( line to sewer width }
160
The area, as determined in ~2}fib}5.c.~1} above, shall
be multiplied by this factor to determine the equi-
valent area of service for the lateral system.
Lateral system casts shal] 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.
d. Trunk sewers stem. a parcel of land:
~1} Which has been connected to the sanitary
sewer system or is apart of a sanitary sewer pro-
ject under contract before September 1, 1984,
~2} which has been annexed to the city by
March 1, 1983, or
~3} For which the city has accepted an annexa-
tion petition by March 1, 1983,
shall be charged $.005 per square foot of total area.
Each other parcel shall be subject to a charge of $.025
per square foot of total area at the time of connection
to the sanitary sewer or at the time of contract award
for a sanitary sewer project benefiting the property,
whichever first occurs. For a large parcel, the council
may decide to levy this assessment only on the portion of
the parcel included on the latera] system assessment.
The remaining area shall be assessed for the trunk sewer
when it is served with the lateral sewer system or devel-
oped and connected to the sewer system.
Subparagraph ~2}fib}5.d shall not apply to a parcel
annexed to the city prior tv January 1, 1948, or to a
parcel previously assessed for the trunk sewer system.
6. Other local im rovements. The cost of local improve-
ments not identified in subparts ~b}1 through ~b}5 of this
subsection shall be borne by the property specially benefited
as provided in the council resolution forming the ]ocal im-
provement district.
Ordinance - 10
Section 19. Subsection ~1}~f} of Section 1.185 of the Eugene Code, 1971,
is amended to provide:
1.185 Local Im rovements - Assessments - Notice.
~1} Before an assessment for a local improvement is levied, the
finance officer shall dispatch by certified mail to each owner whose parcel
of real property is to be subject to the assessment a notice stating:
~f} That the owner is requested to attend the hearing and
there comment on the proposed assessment, that any owner why in-
tends to comment on the proposed assessment must notify the city
engineer of that intent by 5 p.m. on the third business day before
the hearing date, and that failure to do so forfeits the owner's
right to comment at the hearing.
Section 20. Subsection 42} of Section 1.190 of the Eugene Code, 1911,
amended, and anew Subsection ~3} added thereto, to provide:
7.190 Local Im rovements - Assessments - Lev and Notice Thereof.
~2} Un1ess otherwise specified by this code or by assessment ordi-
nance, reference in this code to making assessment or lien payments in in-
stallments shall mean paying the obligation in up to twenty X20} semi-annual
installments including principal and interest at the rate set under section
2.022 of this code, provided nv such installment payment is less than $Z5.
~3} In addition to any deferral, extension or modification of
payments authorized by this chapter, an assessment may be modified, compro-
mised or cancelled as provided in section 2.582 of this code.
Section 21. Subsection ~2} of Section 1.195 of the Eugene Code, 1971,
is amended to provide:
1.195 Local lm rovements - Deferral, Extension, or Modification of Pa meet
of Assessment - Eli ibilit for Im rovement Assistance Pro rams.
~2} To the extent that resources are available in the fund for
assistance with 1 oval improvements, deferral , extension or modification of
payments on assessments for local improvements, for assessments under sections
7.055 and 7.154 and for nuisance abatement liens shall be accorded eligible
real property owners.
~a} Ta be eligible for deferral of assessment payments under
this subsection:
1. The real property owner shall be sixty-two X62} years
of age or mare, or, if a husband and wife, one shall be so;
2. The owner's annual income may not exceed thirty-five
Ordinance - 11
percent X35%} of the latest Lane County median family income
recognized on July 1 of each year by the Department of Housing
and Urban Development, or forty percent X40%} of that median
family income if the owner is a husband and wife; plus an
additional five percent ~5%} of the Lane County median family
income for each dependent residing on the property and related
to the owner by blood or marriage in the first ar second
degree;
3. The owner may not, or if the owner is husband and
wife neither may, own assets in addition to the property of
residence and its household furnishings worth more than four
~4} times the allowable incame under subpart ~a}2, of this
subsection, except that assets producing any part of the in-
come counted in subpart ~a}2. of this subsection shall be ex-
cluded in determining the amount of assets owned; and
4. The owner may nat, or if the owner is husband and
wife neither may, own fee title ar a possessory interest in
other property which is allowed a deferral under this section.
fib} To be eligible far an extension or modification of
assessment payments:
~. The real property owner shall be fifty-five X55} years
of age or more or, if a husband and wife, one shall be so;
2. The owner's annual income may not exceed fifty-five
percent X55%} of the latest Lane County median family income
recognized on July 1 of each year by the Department of Housing
and Urban Development, or sixty percent X60%} of that median
family income if the owner is a husband and wife; plus an
additional eight percent ~8%a} of the Lane County median family
income for each dependent residing on the property and related
to the owner by blood ar marriage in the first or second
degree.
3. The owner may not, or if the owner is husband and
wife neither may, own assets in addition to the property of
residence and its household furnishings worth more than three
~3} times the allowable income under subpart ~b}2. of this
subsection, except that assets producing any part of the in-
come counted in subpart ~b}2. of this subsection shall be ex-
cluded in determining the amount of assets owned; and
4, The awner may not, or if the owner is husband and
wife neither may, own fee title or a possessory interest in
other real property which is allowed a deferral under this
section.
Section 22. Section 1.250 of the Eugene Cade, 1971, is amended to pro-
vide:
7.250 Local lm rovements - Se re ation of assessments.
~1} Whenever property assessed as an entire tract under sections
1.055, 7.130 to 1.285 ar 1.455 to 7.565 is subsequently subdivided or parti-
tioned, a person owning any of the subdivision ar partition and desiring to
ordinance - 12
remove the assessment or to apportion the assessment among the lots in the
subdivision or parcels in the partition shall apply to the city finance offi-
cer for a segregation of the assessment and a determination of the amount due
on that subdivision ar 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 without 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, dis-
charge the lien Of the assessment on that subdivision or partition. Provided,
however, that if the lien is discharged before it is determined if there will
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
deficit assessment. If the finance officer determines that the city would be
prejudiced by a segregation requested pursuant to subsection 1.2501}, pay-
ment of the entire assessment for the subdivision or partition shall be a
condition precedent to discharge of the lien of the assessment. The finance
officer shall deny the application in writing and deliver ar mail by first
class mail, postage prepaid, the decision to the owner.
~3} Any owner aggrieved by the finance officer's decision on an
application far segregation of assessment under this section may seek its
review before a hearings official following the procedures in section 3.060
of this code. The petitioner shall have the burden of proof in such review.
~4} Each application far segregation of assessment shall be
accompanied by a fee in the amount specified in the schedule of fees estab-
lished by the city manager pursuant to section 2.020 of this code.
Section 23. Anew subsection ~1} is added to Section 7.279 of the
Eugene Code, 1911, to provide:
7.219 Devela ment Char e - Exce bons, ualifications.
~1} A charge is due under section 7.217 of this code when develop-
ment in an area outside the city connects to a city sanitary sewer. The
charge shall be the portion of the charge prescribed by section 7.211 attri-
butable to sanitary sewerage.
Section 24. Subsection ~3} of Section 1.281 of the Eugene Code, 1911,
is amended to provide:
1.281 Devela ment Char e - Pa ment.
~3} The unpaid portion of the development charge including accrued
interest is a personal obligation of the owner of the property to whom the
permit is issued and shall be alien upon the property for which the permit
is issued. The finance officer shall enter in the docket of city liens a
statement of the amount of the charge on the property for which the permit is
Ordinance - 13
issued, a natation that the amount is a development charge under section
7.217, the names of the owners, and the date the charge was imposed. Upon
that entry each amount so entered shall become alien and charge upon the
property for which the permit is issued. The city may proceed to foreclose
or enforce collection of delinquent charges in the manner provided by the
general law of the State of Oregon or by this code, but the city may, at its
option enter a bid for the property being offered at a foreclosure sale,
which bid shall be prior to all bids, except thaw made by persons who would
be entitled under the laws of the State of Oregon to redeem the property.
Section 25, Section 1.520 of the Eugene Code, 1971, is amended to pra-
vide:
7.52o Off-Street Parkin -Notice of Actual Assessment. Within ten days
after the ordinance levying assessments has been passed, the finance
officer shall send by registered ar certified mail a notice of assessment to
the record owners of the assessed real property. The notice of assessment
shall state the date of the assessment ordinance and that on the failure of
the owner of the property assessed to pay the assessment within ten days the
assessment sha11 became alien against the assessed property. Failure of
the owner to make application for payment in instalments within ten days of
the notice or to pay the assessment in fu11 within 6o days from the date of
entering the assessment on the city lien Jacket records, shall subject the
lien to foreclosure. The notice shall further set forth a description of
the property assessed, the name of the owner of the property and the amount
of each assessment. Interest sha11 be paid on all assessments from the date
of entry of the assessment on the city lien docket records.
Section 2fi. The City Recorder, at the request of, or with the concur-
rence 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 amended, added, or repealed herein.
Section 27. In accordance with the provisions of Section 39 of the
Eugene Charter of 1976, this Ordinance shall be effective six ~6~ months
from the date of its adoption by the Council, and shall not apply to an im-
provement authorized by Council Resolution forming the local improvement
district prior to that effective date.
Passed by the City Council thi s
22nd day of November, 1989
~y d~
City Reco der
Approved by the Mayor this
22nd day of November, 1989
.~.
,. Mayor
Ordinance 14