New Search
shall not be an issue when taking an appeal. 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 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 />eer 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 />Ordinance - 10 <br />