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., t. <br />i <br />shall not be an issue when taking_anappeal. Appeals of any other decision <br />must be filed within 15 working -days of 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 deiermination 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 15 working days of he <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. appropri ate. At the hearing the appellant may present testi- <br />mony and.oral argument personably 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_acorrect 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 appeai 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,coun.cil 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 />prementation 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 witE~in 60 days of the council's decision. <br />7.740 SD-C -Prohibited Connection. No person may.. connect to the rani- <br />tarysewer or storm sewer. system of-the city unless the appropriate <br />systems development charge has been ,paid or the installment payment method <br />has beenapplied 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 />portaton, parks, and recreation published,in the report dated May 8, 991 <br />entitled ",METHODOLOGIES: City of Eugene .Systems Development Charges".are- <br />Ordinance - i0 <br />