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(a) Issues to be considered in determining the existence or extent of benefit for the purpose of assessing the property within a special improvement district with regard to which an objection has been raised shall include but not be limited to:

(1) Any increase in the market value of the property.

(2) The provision for accepting the burden from specific dominant property for discharging surface water onto servient property in a manner or quantity greater or lesser than would naturally flow because the dominant owner made some of his or her property impermeable.

(3) Any adaptability of property to a superior or more profitable use.

(4) Any alleviation of health and sanitation hazards accruing to particular property or accruing to public property in the improvement district if the provision of health and sanitation is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district.

(5) Any reduction in the maintenance costs of particular property or of public property in the improvement district, if the maintenance of the public property is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district.

(6) Any increase in convenience or reduction in inconvenience accruing to particular property owners including the facilitation of access to and travel over streets.

(7) Recreational improvements accruing to particular property owners as a direct result of drainage or any other improvements.

(8) The provision of utilities, or other services, to the property, and increased developability.

(b) The property owner shall be entitled to present evidence for the purpose of negating any finding of a benefit to the property.

(c) Consideration of ability to pay shall not be a factor in any decision regarding the assessment of property within a special improvement district, and testimony concerning personal hardship and other issues not relevant to the issue of special benefit shall not be admitted. (Code 1979, § 34-174; Ord. No. 2010-17, § 7, 5-17-2010)