§ 13.28.070. Administration-Review-Appeals

A. The city recorder shall be responsible for administration of this chapter in regards to utility billings, accounting for revenues collected, and general administrative tasks. The public works director shall be responsible for determining fee amounts in accordance with usage, developing street maintenance and improvement programs, performing traffic counts, and establishing standards for the operation and maintenance of streets and related facilities to the end that the transportation system shall be maintained and that the city's investment therein kept available for the benefit of the public.

B. Any responsible party of a nonresidential premises may request in writing a specific adjustment in the transportation utility fee for seasonal factors. The request shall provide a showing of evidence about seasonal patterns affecting the use. The petitioner shall have the burden of proof. An adjustment so that the high and low seasons do not differ by more than fifteen percent may be approved by the public works director. Greater variations than fifteen percent shall require approval by the city council.

C. Any responsible party of nonresidential premises may request in writing that a traffic study acceptable to the city's public works director be made at the party's sole expense to show the usage level in chargeable trip-ends for the transportation utility fee. The traffic study shall be performed by a traffic engineer registered in the state of Oregon and approved by the public works director, and shall calculate chargeable trip ends adjusted for pass by trips and trip lengths. If the chargeable trip-ends are within five percent more or less of the level in Exhibit "A" [to the ordinance from which this chapter derives], no adjustment in the transportation utility fee shall be made because this is within the expected margins for day-to-day variations. A downward adjustment in the transportation utility fee shall be made by the public works director, if the traffic count results in chargeable trip-ends less than ninety-five percent of the level in Exhibit "A"; however, no adjustment will be made below the minimum paid by a single-family residence. An upward adjustment in the transportation utility fee shall be made by the public works director, if the traffic count results in chargeable trip-ends more than one hundred five percent of the level in Exhibit "A". Any adjustment shall take effect in the month following completion of the traffic count and be reported in writing to the city recorder and city council by the public works director. Results of traffic counts shall not be appealed to the city council. Traffic counts for a specific nonresidential premises shall not be allowed more than once in each calendar year.

D. For any issues not addressed in subsection B or C of this section any responsible party who disputes the amount of the fee made against such party's premises, or any party who disputes any determination made by or on behalf of the city pursuant to and by the authority of this ordinance may petition in writing for revision or modification of such fee or determination. Such petitions may be filed with the city recorder only once in connection with any specific fee or determination, except upon a showing of such changed circumstances. The petitioner shall have the burden of proof.

E. Petitions filed pursuant to subsection D of this section shall be reviewed in a hearing before the city council. Within sixty days of the filing of a petition under this section, the city shall make findings of fact based on relevant information, shall make a determination based upon such findings, and if found appropriate, modify such fee or determination accordingly. Such determination by the city shall be considered a final order.

(Ord. 750 § 1, 2000; Ord. 746 § 7, 1994)

(Ord. No. 930, § 1, 9-7-2010)