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The City of Portland, Oregon

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City of Portland

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17.13.120 Challenges and Appeals.

(Amended by Ordinance Nos. 174617 and 189244, effective November 7, 2018.)

A.  Any person may challenge the expenditure of SDC revenues by filing a challenge to the expenditure with the Administrator within two years after the date of the disputed SDC revenue expenditure. 

B.  The Applicant may challenge a decision on an SDC Credit as applied under Section 17.13.070 by providing a written notice of appeal to the Administrator no more than 14 calendar days after the decision is posted online.  The Applicant may challenge a decision on an SDC Exemption as applied under Section 17.13.060 or on an SDC Alternative Rate as applied under Section 17.13.080 by providing a written notice of appeal to the Administrator no more than 14 calendar days after the decision is provided to the Applicant.  Appeals of decisions of the Administrator will be reviewed by the Director.  Appeals of decisions of the Director will be reviewed by the Commissioner-in-Charge.  An appeal of a Commissioner’s decision, including but not limited to the Commissioner’s review of the Director’s decision, will be heard by the City Council.  Appeals of decisions of the City Council will be reviewable solely under ORS 34.010 through 34.100.

C.  Except where a different time for an Administrator’s decision is provided in this Chapter, all Administrator decisions shall be in writing and shall be sent to the Applicant within 21 days of Administrator receipt of an Application or other Applicant request for an Administrator determination.  Except where a different time for an appeal is provided in this Chapter, all appeals shall be in writing and shall be submitted within 14 calendar days after the decision is issued. 

D.  If an Applicant files an appeal under Subsection 17.13.120 B., the City shall withhold all Permits and other approvals applicable to the Applicant’s property of the New Development pending resolution of all appeals under this Chapter unless the SDC is paid in full or Applicant provides, for the pendency of the appeal, a financial guarantee or security for the charge in a form acceptable to the City Attorney.