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Ordinance No. 19773
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Ordinance No. 19773
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Last modified
6/10/2010 3:46:47 PM
Creation date
11/12/2008 2:45:07 PM
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Council Ordinances
CMO_Document_Number
19773
Document_Title
Regarding systems dev. chgs; amending 7.010 & 7.065 of the EC; adding 7.407,7.700,7.702,7.705,7.710,7.715,7.720,7.725,7.730,7.735,& 7.740; repealing subsection 7.175(2)(b)5.d, sections 7.245,7.275,7.277,7.279,72.81,7.283,&7.285; declaring emergency.
Adopted_Date
5/13/1991
Approved Date
5/13/1991
CMO_Effective_Date
5/13/1991
Signer
Jeffrey R. Miller
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shall not be an issue when taking an appeal . Appeals of any other decision <br />must be filed within 15 warki ng days of the date of the decision . <br />~4} The appeal shall state: <br />~a} The name and address of the appellant; <br />fib} The nature of the determination being appealed; <br />~c} The reason the determination i s incorrect; and <br />~d} What the correct determination of the appeal should be <br />or how the correct determination should be derived. <br />An appel 1 ant who fails to f i 1 e such a statement within the time permitted <br />waives his/her objections, and his/her appeal shall be dismissed. <br />45} Unless the appellant and the city agree to a longer period, <br />an appeal shall be heard by a heari ngs officer within 15 working days of the <br />receipt of the notice of intent to appeal . At 1 east ten working days prior <br />to the hearing, the city shal 1 mai 1 notice of the time and 1 ocati on thereof <br />to the appellant. <br />~ fi} The heari ngs officer shat l hear and determine the appeal on <br />the basis of the appel ]ant'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 ar by counsel . The rules of evidence as <br />used by courts of 1 aw do not apply. <br />~7} The appellant shal 1 carry the burden of pravi ng that the <br />determination being appealed i s i ncvrrect and what the correct determination <br />should be or how a correct determination shaul d be derived. <br />~8} Except as provided i n subsection 1.135 ~9} , the heari ngs aff i - <br />cer shat 1 i ssue a wri tten 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 methodol vgy adopted by the <br />city manager, the heari ngs officer shat 1 prepare a wri tten report and recom- <br />mendati on and submit i t 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 counci 1. By counci 1 <br />reso1 uti on the report and recommendations of the heari ngs officer shall be <br />approved, modified or rejected and different methodology adopted. The im- <br />pl ementati on of any change i n methodology that i s appealed shall be suspended <br />unti 1 the counci 1 has acted. Any 1 egal action contesting the counci 1's deci - <br />s i on an the appeal shall be filed within fi0 days of the counci 1's decision . <br />1. loo SDC -Prohibited <br />tary sewer <br />systems development <br />has been applied far <br />Connection . No <br />or storm sewer system <br />charge has been paid or <br />and approved . <br />person may connect to the sani - <br />of the city unless the appropriate <br />the installment payment method <br />Section fi . Notwithstanding the provision i n Section 7.110 of Section 5 <br />of this ordinance, the methodologies for sanitary sewers, storm sewers, trans- <br />portati on, parks and recreation published i n the report dated May 8, 1991 <br />entitled "METHODOLOGIES: City of Eugene Systems Development Charges" are <br />Ordinance - to <br />
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