A person aggrieved by a decision required or allowed to be made by the City Recorder under this chapter or a person challenging the propriety of an expenditure of SDC revenues may appeal the decision or the expenditure to the City Council by filing a written request with the City Recorder describing with particularity the decision of the City Recorder or the expenditure from which the person appeals.
(A) Appeal of an Expenditure. An appeal of an expenditure must be filed within 2 years of the date of the alleged improper expenditure. The Council shall determine whether the City Recorder's decision or the expenditure is in accordance with this chapter and the provisions of ORS 223.297 to 223.314 and may affirm, modify or overrule the decision. If the Council determines that there has been an improper expenditure of SDC revenues, the Council shall direct that a sum equal to the misspent amount shall be deposited within 1 year to the credit of the account or fund from which it was spent.
(B) Appeal of an SDC Methodology. Legal action challenging the methodology adopted by the Council pursuant to § 33.05 shall not be filed later than 60 days after the date of adoption, and shall be contested according to the procedure set forth in ORS 34.010 to 34.100, and not otherwise.
(C) Appeal of an SDC Calculation or Credit Determination. Legal action challenging an SDC calculation or a SDC credit determination shall be filed with the City Recorder no later than 14 days following the date of the challenged SDC calculation or SDC credit determination. Only the applicant may appeal an SDC calculation or SDC credit determination, and the City Council shall determine whether the Recorder's decision with regard to the SDC calculation or SDC credit determination was consistent with the requirements of this chapter, the applicable methodology and ORS 223.297 through 223.314. The appellant has the burden of demonstrating with particularity, based on credible professional reports, that the rate established in the applicable SDC methodology does not accurately reflect this particular development's impact on the city's public facility at issue. With regard to a challenge to an SDC credit determination, the appellant has the burden of providing credible cost estimates, certified by an appropriate professional, demonstrating that the qualified public improvement offered for credit is in fact a "qualified public improvement" and has a higher value or larger increment of overcapacity than the City Recorder had determined.
(Ord. 2019-12-01, passed 1-14-2020)