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Admin Order 58-97-02-F
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Admin Order 58-97-02-F
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Last modified
8/25/2008 4:09:17 PM
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8/15/2008 11:04:26 AM
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Administration
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Admin Orders
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SDC Methodology
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4/30/1997
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shall not be an issue when taking an appeal. Appeals of any other decision <br /> must be filed within 15 working days o.f the date of the decision. <br /> (4) The appeal shall state: <br /> (a) The name and address of the appellant; <br /> (b) The nature of the determination being appealed; <br /> (c) The reason the determination is incorrect; and <br /> (d) What the correct determination of the appeal should be <br /> or how the correct determination should be derived. <br /> An appellant who fails to file such a statement within the time permitted <br /> waives his/her objections, and his/her appeal shall be dismissed. <br /> (5) Unless the appellant and the city agree to a longer period, <br /> an appeal shall be heard by a hearings officer within I5 working days of the <br /> receipt of the notice of intent to appeal. At least ten working days prior . <br /> to the hearing, the city shall mail notice of the time and location thereof <br /> to the appellant. <br /> (6) The hearings officer shall hear and determine the appeal on <br /> the basis of the appellant's written statement and any additional evidence <br /> he/she deems appropriate. At the hearing the appellant may present testi- <br /> mony and oral argument personally or by counsel. The rules of evidence as <br /> used by courts of law do not apply. <br /> (7) The appellant shall carry the burden of proving that the <br /> determination being appealed is incorrect and what the correct determination <br /> should be or how a correct determination should be derived. <br /> (8) Except as provided in subsection 7.735(9), the hearings offi- <br /> cer shall issue a written decision within ten working days after the hearing <br /> date and the decision of the hearings officer shall be final. <br /> (9) When the appeal challenges the methodology adopted by the <br /> city manager, the hearings officer shall prepare a written report and recom- <br /> mendation and submit it to the city manager within ten working days of the <br /> hearing date for presentation to the council at its next regular meeting. <br /> Further testimony regarding the appeal may be received by the council only <br /> with the consent of two-thirds of the members of the council. By council <br /> resolution the report and recommendations of the hearings officer shall be <br /> approved, modified or rejected and different methodology adopted. The im- <br /> plementation of any change in methodology that is appealed shall be suspended <br /> until the council has acted. Any legal action contesting the council's deci- <br /> sion on the appeal shall be filed within 60 days of the council's decision. <br /> 7.740 SDC - Prohibited Connection. No person may connect to the sani- <br /> tary sewer or storm sewer system of the city unless the appropriate <br /> systems development charge has been paid or the installment payment method <br /> has been applied for and approved. <br /> Section 6. Notwithstanding the provision in Section 7.710 of Section 5 <br /> of this ordinance, the methodologies for sanitary sewers, storm sewers, trans- <br /> portation, parks and recreation published in the report dated May 8, 1991 <br /> entitled "METHODOLOGIES: City of Eugene Systems Development Charges" are <br /> <br /> Ordinance - 10 <br /> <br />
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