(Amended by Ordinance No. 174617, effective July 28, 2000.)
A. Any person may challenge the expenditure of SDC revenues by filing
a challenge to the expenditure with the Administrator within two years after the
date of the disputed SDC revenue expenditure. The fee for filing such a
challenge shall be $100.
B. Except where a different time for an Administrator’s decision is
provided in this Chapter, all Administrator decisions shall be in writing and
shall be delivered to the Applicant within 21 days of an Application or other
Applicant request for an Administrator determination. Delivery shall be deemed
complete upon the earlier of actual delivery to the Applicant or upon deposit by
the Administrator in the mail, first class postage prepaid, addressed to the
address for notice Applicant has designated in the Application. Any person may
appeal any decision of the Administrator made pursuant to this Chapter to the
City Hearings Officer by filing a written request with the Administrator within
fourteen (14) days after the delivery of the Administrator’s written decision to
the Applicant. The fee for appealing a decision to the Hearings Officer shall be
$250 and shall accompany the request for appeal. An outline of these appeal
procedures shall be included in the Administrator’s written decision.
C. The decision of the Hearings Officer shall be reviewable solely
under ORS 34.010 through 34.100.
D. The City shall withhold all Permits and other approvals applicable
to the Applicant’s property of the New Development pending resolution of all
appeals under this Chapter unless the SDC is paid in full or Applicant provides,
for the pendency of the appeal, a financial guarantee or security for the charge
in a form acceptable to the City Attorney.