3.10.080 Appeal procedure.
A. As used in this section, “working day” means a day when the general offices of the city are open to transact business with the public.
B. A person aggrieved by a decision required or permitted to be made by the city manager or his/her designee under MMC 3.10.010 through 3.10.070 or a person challenging the propriety of an expenditure of systems 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 expenditure from which the person appeals and shall comply with subsection D of this section.
C. 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 ten working days of the date of the decision.
D. The appeal shall state:
1. The name and address of the appellant;
2. The nature of the determination or expenditure being appealed;
3. The reason the determination or expenditure is incorrect; and
4. What the correct determination or expenditure should be.
An appellant who fails to file such a statement within the time permitted waives his/her objections, and his/her appeal shall be dismissed.
E. Unless the appellant and the city agree to a longer period, an appeal shall be heard within 30 days of 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.
F. The city council shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence he/she deems appropriate. At the hearing the appellant may present written or oral testimony and arguments personally, by counsel, or by other representative. The city may present written or oral testimony and arguments at this same hearing. The rules of evidence as used by courts of law do not apply.
G. The appellant shall carry the burden of proving that the determination or expenditure being appealed is incorrect and what the correct determination or expenditure should be.
H. The city council shall render its decision within 15 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. An appeal of the methodology used for calculating an SDC must be filed within 60 days following the adoption or modification of the resolution referred to in MMC 3.10.030(E). (Ord. 4980 §1, 2014; Ord. 4495 §1 (part), 1991).