1. A person challenging the propriety of an expenditure of system development charge revenues may appeal the decision of the expenditure to the city council by filing a written request with the city manager describing with particularity the decision of the city manager and the expenditure from which the person appeals. An appeal of expenditure must be filed within two years of the date of the alleged improper expenditure.

2. The council shall order an investigation and direct that, within 60 days of receipt of the petition, a written report be filed by the city manager recommending appropriate action. Within 30 days of receipt of said report, the council shall conduct a hearing to determine whether the expenditure was proper. At least 10 working days’ advance notice of the hearing, including a copy of the report, shall be mailed to the petitioner. Petitioner shall have a reasonable opportunity to present their position at the hearing.

3. After providing notice to the appellant, 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 through 223.314 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. The decision of the council shall be reviewed only as provided in ORS 34.010 through 34.100, and not otherwise.

1. A legal action challenging the methodology adopted by the council pursuant to TMC 13.35.050 shall be filed no later than 60 days after adoption. A person shall contest the methodology used for calculating a system development charge only as provided in ORS 34.010 through 34.100.

1. A person who wishes to challenge the calculation of a system development charge must make a written challenge to the calculation of the system development charge and file the challenge with the city manager within 10 days of receiving the calculation. The written challenge must describe with particularity the calculation which the person appeals.

2. The appeal shall state:

3. An appellant who fails to file such a statement within the time permitted waives his/her objections, and his/her appeal shall be dismissed.

4. After providing timely notice to the challenger, the city manager shall determine whether the calculation is in accordance with the ordinance containing the methodology used to establish or modify the system development charge adopted by the city council.

5. If agreement cannot be reached through this process the challenger may then appeal to the city council. Unless the challenger and the city agree to a longer period, a written challenge to the calculation of the system development charge shall be heard by the city council at the next regularly scheduled council meeting 10 days after receipt of the written challenge. At least five days prior to the hearing, the city shall mail notice of the time and location thereof to the person who made the written challenge.