(A) Expenditure review.
(1) Any citizen or other interested person may challenge an expenditure of system development charge revenues by filing a written complaint with the city describing with particularity the decision of the city and the expenditure which the person challenges. The challenges must be filed within two years of the expenditure of the system development charge revenues.
(2) A hearing shall be held by the Council within 60 days of the filing of the complaint. After providing notice to the challenger, the Council shall determine whether the expenditure was in accordance with this subchapter and the applicable Oregon Revised Statutes, and may affirm, modify or overrule the decision. 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 be deposited within one year to the credit of the account or fund from which it was spent.
(3) The decision of the Council shall be judicially reviewed only as provided in O.R.S. 34.010 to 34.100.
(B) Methodology review.
(1) The city shall maintain a list of persons who have made written requests for notification prior to adoption or amendment of a methodology for any system development charge. Written notice shall be mailed to persons on the list at least 90 days prior to the first hearing to establish or modify a system development charge, and the methodology supporting the system development charge shall be available at least 60 days prior to the first hearing. The failure of a person on the list to receive a notice that was mailed does not invalidate the action of the city.
(2) The city may periodically delete names from the list, but, at least 30 days prior to removing a name from the list, must notify the person whose name is to be deleted that a new written request for notification is required if the person wishes to remain on the notification list.
(3) 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 system development charge resolution by the city. Persons shall request judicial review of the methodology used for calculating a system development charge only as provided in O.R.S. 34.010 to 34.100.
(C) Other review.
(1) Challenges of any other decisions required or permitted to be made by the city under this subchapter or associated resolutions including, but not limited to, objections to the calculation of a system development charge or a decision to increase a system development charge by modifying the improvement plan must be filed in writing with the city office within 20 days of the date of the decision. The complaint must describe with particularity the city decision being challenged.
(2) A hearing shall be held by the Council within 60 days of the filing of the complaint. After providing notice to the complainant, the Council shall determine whether the decision challenged is in accordance with this subchapter and the applicable Oregon Revised Statutes, and may affirm, modify or overrule the decision.
(3) The Council must advise a person making written objection to a system development charge calculation of the review procedures provided by this section, and the right to petition for review pursuant to O.R.S. 34.010 to 34.100.
(4) A decision to increase a system development charge by modifying the plan adopted pursuant to § 50.008 may be judicially reviewed only as provided in O.R.S. 34.010 to 34.100.
(Ord. 500, passed 4-10-2006)