1. A person challenging the propriety of an expenditure of SDC revenues may appeal the expenditure to the City Council by filing a written request with the City Manager describing with particularity the expenditure which the person appeals and the reason(s) it was improper. An appeal of the expenditure must be filed within two years of the date of the expenditure.

2. After providing notice to the appellant, the City Council will determine whether the appeal and/or the expenditure is in accordance with this chapter and State law. The Council has discretion to conduct its review of the appeal in any manner consistent with applicable law, and may allow but is not required to conduct a public hearing where the appellant may address the Council. The Council may make its decision verbally, and may but is not required to adopt a written decision. The Council may deny the appeal, or affirm, modify, or overrule the expenditure. If the Council determines that there has been an improper expenditure of SDC revenues, the Council shall direct that a sum equal to the expenditure amount shall be deposited within one year to the credit of the account or fund from which it was spent. The decision of the Council shall be subject to review only by writ of review.

1. Any legal action challenging the methodology adopted by the City Council must be filed no later than 60 days after adoption and is subject to the writ of review process.

1. A person responsible for paying City SDCs (the “payor”) may object to the amount of City SDCs or City SDC credits calculated by staff and avail themselves of the City’s formal process by submitting a written objection to the Director of the Community and Economic Development Department (“the Director”) within 60 days of the date SDCs become payable or permits are ready for issuance, whichever date is earlier. At any time prior to filing an objection under this section, a payor may engage in informal discussions with City staff designated by the Director to try to resolve the issue(s). The objection must state the amount in dispute, the reasons why the payor believes the amount is incorrect, the amount the payor believes is appropriate with an explanation of that amount, and a request for a meeting if the payor desires one. Following payment by the payor of any required objection fee provided by Council resolution, the Director and/or their designee(s) shall respond in writing to the objection within 10 business days unless the payor requested a meeting. If a meeting is requested, the Director and/or their designee(s) shall meet with the payor within a reasonable period of time. In the event a meeting is held, the Director and/or their designee(s) will issue a written response to the objection no later than 10 business days after the meeting. The response may be to affirm the original amount, reduce the original amount, or to require additional information, including but not limited to a traffic report prepared by a licensed traffic engineer. A decision requiring a traffic report or other additional information is not the City’s response. If a traffic report or other information is requested and provided pursuant to parameters established by the City, the City shall provide its response to the objection within 15 business days of receiving the traffic report or additional information.

2. The payor may appeal the City’s response to the objection by submitting a written appeal to the City Manager and pay an appeal fee in an amount set by Council resolution. The written appeal and any required appeal fee must be received by the City Manager within 10 business days of the date of the City’s response to the objection, and may include evidence and written argument and a request for a meeting. The appeal must include the payor’s explanation of why they believe the City’s response to the objection was not correct. The payor may submit additional evidence and written argument within 10 business days of the date the appeal is submitted to the City Manager. The appeal will be determined by the City Manager and/or their designee(s). The City shall provide a written decision on the appeal within 30 calendar days of the filing of the appeal or within 10 business days of a meeting, whichever is later. The City’s decision shall be subject to review only by writ of review.

3. A payor challenging the amount of SDCs may pay the SDCs in full any time after the objection is submitted. No permit connected to the SDC objection and/or appeal will be issued unless the SDCs determined by the City to be payable are paid in full, unless deferral of payment is allowed under some other provision of law. No certificate of occupancy will be issued or final inspection approved until SDCs determined by the City to be payable are paid in full. If the amount originally charged by the City is paid in full and a final City decision reduces the amount payable, the City shall refund the difference. No interest shall accrue on the amounts to be refunded to the payor.

4. The procedures and rights in this section apply only to City of Bend SDCs, and not to SDCs of any other entity. [Ord. NS-2491, 2024; Ord. NS-2161, 2011]