(A) A person aggrieved by a decision required or permitted to be made by the City Manager or his or her designee under this subchapter or 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 Manager describing with particularity the decision of the City Manager or his or her designee or the expenditure from which the person appeals.
(B) An appeal of an expenditure must be filed within two years of the date of the alleged improper expenditure. Appeals of any other decision required or permitted to be made by the City Manager must be filed within ten days of the date of the decision.
(C) The City Council shall determine whether the City Manager’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 decision. 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.
(D) A legal action challenging the methodology adopted by the City Council pursuant to § 52.079 shall not be filed later than 60 days after adoption, and shall be contested according to the procedure set forth in O.R.S. 34.010 to 34.100, and not otherwise.
(Prior Code, § 52.087) (Ord. 1272, passed 12-19-2012)