§ 3.12.150. Appeal procedure.

(A)

A person aggrieved by a decision required or permitted to be made by the City under this chapter or a person challenging the propriety of an expenditure of systems development charge revenues may appeal the decision or the expenditure to the City Council by filing a written request with the City Recorder describing with particularity the decision or expenditure from which the person appeals.

(B)

An appeal of expenditure must be filed within two years of the date of the alleged improper expenditure. Appeals of any other decision must be filed within 30 days of the date of the decision.

(C)

For appeals filed with the City for systems development charges involving only the City of Jacksonville, the City Council shall determine whether the decision or the expenditure is in accordance with this chapter and the provisions of ORS 223.297 through 223.314 and may affirm, modify or overrule the decisions. If the City Council determines that there has been an improper expenditure of systems development charge revenues, the Jacksonville 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)

For appeals filed with the City for systems development charges involving the Medford Water Commission, the City shall defer all appeal decision to the Medford Water Commission who is responsible for defending all action associated with such system development charges. The Board of Water Commissioners shall determine whether the decision or the expenditure is in accordance with this chapter and the provisions of ORS 223.297 through 223.314 and may affirm, modify or overrule the decisions. If the Board of Water Commissioners determines that there has been an improper expenditure of systems development charge revenues, the Board of Water Commissioners 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.

(E)

The Mayor of Medford or Chairperson of the Board of Water Commissioners may appoint one or more intermediate appeals boards to hear appeals under this section, except of appeals challenging of expenditure. The decision of the appellate board shall be final unless, within ten days after notification of the decision, the City Recorder or the Medford Water Commission Manager or appellant gives written notice of appeal to the City Council or the Board of Water Commissioners, whichever is applicable to the particular systems development charge. The Council and Board of Water Commissioners shall hear such appeals de novo.

(F)

Appeals of decisions regarding imposition of sewage treatment systems development charges, except appeals challenging an expenditure, shall be heard by the Regional Committee pursuant to intergovernmental agreement.

(Code 1981, § 3.12.150)