(A) (1) Before adopting or amending the methodology, the Council shall:
(a) At least 90 days prior to adoption of the proposed methodology, or amendment to the methodology, provide written notice to persons who have requested notice pursuant to § 34.16;
(b) Hold a public hearing if the city receives a written request for a hearing on the proposed modification within seven days of the date of the proposed modification is scheduled for adoption; and
(c) Make the revised methodology available to the public at least 60 days prior to the first public hearing of the adoption or amendment.
(2) The failure of a person on the list to receive a notice that was mailed does not invalidate the action of the city.
(B) 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 SDC ordinance or resolution.
(C) Notwithstanding other provisions of this section, a public hearing is not required if the city does not receive a written request for a hearing.
(D) A change in the amount of a reimbursement fee or an improvement fee is not a modification of the SDC methodology if the change in amount is based on:
(1) A relevant measurement of the average change in prices or costs over an identified time period for materials, labor, real property or a combination of the three;
(2) Published by a recognized organization or agency that produces the index or data source for reasons that are independent of the SDC methodology; and
(3) Incorporated as part of the established methodology or identified and adopted in a separate ordinance, resolution or order.
(E) To increase an SDC resulting from a proposed modification of the list to include a capacity increasing capital improvement.
(1) The city shall provide at least 30 days’ notice prior to the adoption of the modification, notice of the proposed modification to the persons who have requested written notice under ORS 223.304(6).
(2) The city shall hold a public hearing if the city receives a written request for a hearing on the proposed modification within seven days of the date of the proposed modification is scheduled for adoption.
(3) Notwithstanding other provisions of this section, a public hearing is not required if the city does not receive a written request for a hearing.
(Ord. 1247, passed 3-6-2007)