As used in this section,
WORKING DAY means a day when the offices of the city are open to transact business with the public.
(A) Any person who makes a written objection to the calculation of a systems development charge has the right to petition for review pursuant to O.R.S. 34.010 through 34.100.
(B) When an appeal is filed challenging the methodology adopted by the City Council, the appellant shall submit data and analysis in support of appeal at the time of filing the appeal and shall comply with division (E) below. The city field superintendent shall prepare a written report and recommendation within 20 working days of receipt for presentation to the Council at its next regular meeting. The Council shall by resolution approve, modify or reject the report and recommendation, or may adopt a revised methodology by resolution, if required. Legal action intended to contest the methodology used for calculating a system development charge may not be filed after 60 days following adoption or modification of the system development charge ordinance or resolution. A person shall request judicial review of the methodology used for calculating a systems development charge only as provided in O.R.S. 34.010 to 34.100.
(C) A person objecting to a decision required or permitted to be made by the city field superintendent, City Recorder, or his or her designee under §§ 50.15 through 50.23 of this subchapter may appeal the decision by filing a written request with the City Recorder for consideration by the City Council. Such appeal shall describe with particularity the decision to which the person objects and shall comply with division (E) below. The appeal must be filed within ten working days of the date of the decision.
(D) A person challenging an expenditure of systems development charge revenue may do so by filing the challenge in writing for consideration by the City Council. Such challenge shall describe with particularity the expenditure being challenged and shall comply with division (E) below. A challenge of an expenditure of system development revenue must be filed within two years of the expenditure.
(E) (1) The appeal or challenge shall state:
(a) The name and address of the appellant;
(b) The nature and date of the determination or expenditure being appealed or challenged;
(c) The reason the determination or expenditure is believed to be incorrect; and
(d) What the correct determination or expenditure should be.
(2) An appellant who fails to file such a statement within the time permitted waives any objections, and the appeal shall be dismissed.
(F) Unless the appellant and the city agree to a longer period, an appeal or challenge shall be heard by the City Council within 30 days of the filing date of the written appeal or challenge. Not less than ten days prior to the hearing, the city shall mail notice of the time and location thereof to the appellant.
(G) The City Council shall hear and determine the appeal or challenge on the basis of the filed written statement and any additional evidence the appellant deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The city may present written or oral testimony at the same hearing. The rules of evidence as used by courts of law do not apply.
(H) The appellant shall carry the burden of proving that the determination or expenditure being challenged is incorrect and what the correct determination should be.
(I) The City Council shall render its decision within 15 days after the hearing date and the decision of the Council shall be final. The decision shall be in writing but written findings shall not be made or required unless the Council elects to make findings for precedential purposes. Any legal action contesting the Council’s decision on the appeal shall be filed within 60 days of the decision.
(Ord. 264, passed 8-19-2003)