(A) A person challenging the propriety of an expenditure of system development charge revenues may appeal the decision or the expenditure to the City Council by filing a written request with the City Clerk describing with particularity the decision of the City Council and the expenditure from which the person appeals. An appeal of an expenditure must be filed within two years of the date of the alleged improper expenditure.
(B) Appeals of any other decision required or permitted to be made by the City Clerk under this chapter must be filed within ten days of the date of the decision.
(C) After providing notice to the appellant, the Council shall determine whether the City Clerk’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 Council determines that there has been an improper expenditure of system development charge revenues, the 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.
(D) A legal action challenging the methodology adopted by the Council pursuant to § 37.05 shall not be filed later than 60 days after the adoption.
(Ord. 344, passed 3-9-1992; Ord. 768, passed 11-13-2023)