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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 designee pursuant to AMC 4.20.010 through 4.20.130 or a person challenging the propriety of an expenditure of systems development charge revenues may appeal the decision or expenditure by filing a written notice of appeal 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 (2) years of the date of alleged improper expenditure. An appeal petition challenging the adopted methodology shall be filed not later than sixty (60) days from the date of the adoption of the methodology. Appeals of any other decision must be filed within ten (10) 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 being appealed;

3. The reason the determination is incorrect; and

4. What the correct determination should be.

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

E. Unless the appellant and the City agree to a longer period, an appeal shall be heard within thirty (30) calendar days of the receipt of the written appeal. At least ten (10) 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 the appellant deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The City may present written or oral testimony 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 being appealed is incorrect and what the correct determination should be.

H. The City Council shall render its decision within fifteen (15) business 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 sixty (60) calendar days of the Council’s decision. (Ord. 3192 § 66, amended, 11/17/2020; Ord. 3174 § 1, renumbered, 03/19/2019; Ord. 2791 § 10, amended, 1997. Formerly 4.20.100)