A. A person aggrieved by a decision made by the City Manager or his or her designee under Sections 6 through 10 hereof or a person challenging the propriety of an expenditure of system development charge revenues, may appeal the decision or the expenditure by filing a written request with the City Recorder for consideration by the City Council. Such appeal shall describe with particularity the decision or the expenditures from which the person appeals and shall comply with subsection (C) of this section.

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 must be filed within fifteen days of the date of the decision.

C. The appeal 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; (4) what the correct determination of the appeal should be. Any appellant who fails to file such a statement within the time permitted waives his/her objections and his/her appeal shall be dismissed.

D. Unless the appellant and the City agree to a longer period, an appeal shall be heard within thirty days of the receipt of the notice of intent to appeal. At least ten 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 the City Administrator or his or her designee deems appropriate. At the hearing the appellant may present testimony and oral arguments personally or by legal counsel.

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 City Council shall make its determination of the appeal in accordance with this Ordinance and the provisions of ORS 223.297 to 223.314 and may affirm, modify, or overrule the City official's decision. City Council shall issue its written decision upon the appeal within twenty days following the close of the hearing, and that decision shall be final.

H. If the Council determines 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 a specified period of time not exceeding one year to the credit of the account or fund from which it was spent. The decision of the Council in all matters herein set forth shall be reviewed only as provided in ORS 34.010 to ORS 34.100.

I. Legal action challenging the methodology adopted by the Council pursuant hereto and this section, shall be filed not later than sixty days after the adoption. A person contesting the methodology used for calculating a system development charge shall proceed only as provided in ORS 34.010 to 34.100.