(A) A person challenging the propriety of an expenditure of system development charge revenue may appeal the decision or the expenditure to the City Council by filing a written appeal petition with the City Recorder pursuant to division (D) below. An appeal of an expenditure must be filed within two years of the date of the subject expenditure.
(B) A person challenging the propriety of the methodology adopted by the City Council pursuant to § 31.33 may appeal the decision or the expenditure to the City Council by filing a written appeal petition with the City Recorder pursuant to division (D) below. An appeal petition challenging the adopted methodology shall be filed not later than 60 days from the date of the adoption of the methodology.
(C) A person challenging the calculation of a system development charge must file a written appeal petition to the calculation of the system development charge with the City Recorder within 30 days of assessment of the system development charge.
(D) Any person submitting an appeal petition pursuant to divisions (A) through (C) above must describe, with particularity, the basis for the appeal, and include:
(1) The name and address of the appellant;
(2) The nature of the expenditure, methodology, or calculation being appealed;
(3) The reason the expenditure, methodology, or calculation is allegedly incorrect; and
(4) What the correct determination of the appeal should be, or how the correct calculation should be derived.
(E) If the appeal petition is untimely or fails to meet the requirements of division (D) above, the appeal shall be dismissed by the City Council without a hearing.
(F) If the appeal petition is timely filed and submitted in accordance with division (D) above, the City Council shall order an investigation and direct that within 60 days of receipt of the appeal petition, a written report be filed by the City Recorder recommending appropriate action. Within 30 days of receipt of that report, the City Council shall conduct a hearing to determine whether the expenditure, methodology, or calculation was proper. The City Council shall provide notice and a copy of the report to the appellant at least 14 days prior to the hearing. The appellant shall have a reasonable opportunity to present appellant’s position at the hearing.
(G) The appellant shall have the burden of proof. Evidence and argument shall be limited to the grounds specified in the petition. The City Council shall issue a written decision stating the basis for its conclusion and directing appropriate action to be taken.
(H) The City Council shall render its decision within 15 days after the hearing date, and the decision of the City Council will be final. The decision will be in writing, but written findings shall not be made or required unless the City Council, in its discretion, elects to make findings for precedential purposes. If the City Council determines that there was an improper expenditure of system development charge funds, the City Council shall direct that a sum equal to the misspent amount be deposited within one year of the date of the decision to the account of the fund from which it was spent.
(I) Any legal action contesting the City Council’s decision on the appeal must be filed within 60 days of the City Council’s decision. Review of the City Council’s decision shall be by writ of review pursuant to O.R.S. 34.010 to 34.100.
(Ord. 2021-02, passed 3-22-2021)