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(1) A person aggrieved by a decision required or permitted to be made by the City Manager under this ordinance or a person challenging the propriety of an expenditure of systems development charge revenues may appeal the decision or the expenditure to the city council as provided in Section 1.025, or subsection (2) below, describing with particularity the decision or expenditure from which the person appeals.

(2) 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 10 days of the date of the decision.

(3) The council shall determine whether the decision or the expenditure is in accordance with this Ordinance and the provisions of ORS 223.297 to 223.314 and may affirm, modify or overrule the decisions. If the council determines that there has been an improper expenditure of systems 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.

(4) Appeals of decisions regarding imposition of sewage treatment systems development charges, except appeals challenging an expenditure, shall be heard by the Regional Committee pursuant to intergovernmental agreement.

[Added Sec. 13, Ord. No. 6911, Jun. 20, 1991; Amd. Sec. 1, Ord. No. 2004-217, Nov. 4, 2004.]