(A) A person aggrieved by a decision required or permitted to be made under the provisions of this subchapter who has been denied the privilege of constructing or developing or a person challenging the propriety of an expenditure of systems development charge revenues may appeal the decision to the City Council by filing a written request with the City Office/Accounting Manager within 15 days of the action appealed from describing with particularity the matter which forms the basis for the appeal.
(B) Notwithstanding the provisions of division (A) above, an appeal of an expenditure must be filed within two years of the date of the alleged improper expenditure.
(C) Appeals of any other type required or permitted to be made by the City Administrator under this subchapter must be filed within ten days of the date of the decision.
(D) After providing notice to the appellant, the City Council shall determine whether the City Administrator’s decision or the expenditure is in accordance with this chapter and the provisions of O.R.S. 223.297 to 223.314 and may affirm, modify or overrule the decisions. If the City Council determines that there has been an improper expenditure of system development charge revenues, the City Council shall direct that a sum equal to the misspent amount shall be deposited within one year to the credit of the account or fund from which it was spent.
(E) Any legal action challenging the methodology adopted by the City Council pursuant to § 32.063 shall not be filed later than 60 days after the adoption of the methodology.
(Ord. 409, passed 5-9-2011)