A. Filing Of Written Request: A person aggrieved by a system development charge decision made by the city or a person challenging the propriety of an expenditure of system development charge revenues may appeal the decision or the expenditure by filing a written request with the city for consideration by the city council. Such appeal shall describe with particularity the decision or the expenditure from which the person appeals and shall comply with subsection C of this section.
B. Time Limitation; Contents Of Appeal: An appeal of an expenditure must be filed within two (2) years of the date of alleged improper expenditure. Appeals of any other system development charge decision excluding a legal challenge to methodology must be filed in writing within fifteen (15) days of the date of the decision. A person who fails to file an appeal which does not meet the criteria in this subsection or is not filed within the time set forth herein shall not be processed, and the person waives his/her objections, and his/her objections shall be dismissed. The appeal shall state:
1. The name and address of the appellant;
2. The nature of the determination being appealed;
3. The reasons the determination is incorrect; and
4. What the correct determination of the appeal should be.
C. Time For Hearing Appeal; Notice: Unless the appellant and the city agree to a longer period, an appeal filed hereunder shall be heard within forty five (45) days of the receipt of the notice of intent to appeal. At least seven (7) days prior to the hearing, the city shall mail notice of the time and location thereof to the appellant.
D. Basis For Council Determination: The city council shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence the council deems appropriate. At the hearing the appellant may present testimony and oral argument personally or by counsel.
E. Burden Of Proof: The appellant shall carry the burden of proving that the determination being appealed is incorrect and what the correct determination should be.
F. Issuance Of Council Decision: The city council shall issue a written decision within twenty (20) days after the hearing date, and that decision shall be final.
G. Challenging Methodology: A legal action challenging the methodology adopted by the city council shall not be filed in writing to the city later than sixty (60) days after adoption. A person shall contest the methodology for calculating a system development charge only as provided under Oregon law and not otherwise. (Ord. 629, 2-4-2004)