(A) When, for any reason, the system development charge has not been paid, the City Clerk shall report to the Council the amount of the uncollected charge, the description of the real property to which the charge is attributable, the date upon which the charge was due, and the name of the developer.
(B) The City Council shall schedule a public hearing on the matter and direct that notice of the hearing be given to each developer with a copy of the City Clerk’s report concerning the unpaid charge. Notice of the hearing shall be given either personally or by certified mail, return receipt requested, or by both personal and mailed notice, and by posting notice on the parcel at least ten days before the date set for the hearing.
(C) At the hearing, the Council may accept, reject, or modify the determination of the City Clerk as set forth in the report. If the Council finds that a system development charge is unpaid and uncollected, it shall direct the City Clerk to docket the unpaid and uncollected system development charge in the lien docket. Upon completion of the docketing, the city shall have a lien against the described land for the full amount of the unpaid charge, together with interest at the legal rate of 10% and with the city’s actual cost of serving notice of the hearing on the developer. The lien shall be enforceable in the manner provided in O.R.S. Chapter 223.
(Ord. 344, passed 3-9-1992; Ord. 768, passed 11-13-2023)