§ 34-450. Appeal procedure.

(a)

A person aggrieved by a decision regarding 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 and 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 under this chapter must be filed within 15 days of the date of the decision.

(c)

All appeals shall state:

(1)

The name and address of the appellant;

(2)

The nature of the determination being appealed;

(3)

The reason the determination is incorrect; and

(4)

What the correct determination of the appeal should be or how the correct determination should be derived. An appellant who fails to file such statement within the time permitted waives his/her objections, and the appeal shall be dismissed.

(d)

Unless the appellant and the city agree to a longer period, an appeal shall be heard within 30 days from the receipt of the written appeal. At least ten working days prior to the hearing, the city shall mail notice of the time and location thereof to the appellant.

(e)

The City Council shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence he deems appropriate. At the hearing the appellant may present testimony and oral argument personally or by counsel. The city may present written or oral testimony at this same hearing. The rules of evidence as used by courts of law do not apply.

(f)

The appellant shall carry the burden of proving that the determination being appealed is incorrect and what the correct determination should be.

(g)

The Council shall determine whether the City Manager's decision or the expenditure is in accordance with this chapter and the provisions of ORS 223.297 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.

(h)

The City Council shall render its decision within 30 days after the hearing date and the decision of the Council shall be final. The decision shall be in writing but written findings shall not be made or required unless the Council, in its discretion, elects to make findings for precedential purposes. Any legal action contesting the Council's decision on the appeal shall be filed within 60 days of the Council's decision.

(i)

A legal action challenging the methodologies adopted by the Council shall be filed within 60 days from the Council's decision.

(Prior Code, § 35.060; Code 2006, § 13.24.13; Ord. No. 1241, § 1(part), 1991)