13.95.075 Appeal.
(1) After the adoption of an ordinance establishing an assessment reimbursement area, any owner of property contributing funds for the construction of road improvements subject to cost reimbursement under chapter 13.95 SCC or any owner of property within the boundaries of the assessment reimbursement area may file a written notice of appeal with the engineer based upon one or more of the following criteria:
(a) an error occurred in calculating the appellant’s pro rata share of the costs of the road improvement project; or
(b) an inadvertent or clerical error exists in the legal description of the boundary of the assessment reimbursement area which has the effect of including real property within or excluding real property from the assessment reimbursement area that should not have been included or excluded.
The burden of proof shall be upon the appellant and the notice of appeal shall identify and contain all information and/or documentation relied upon by the appellant to support the appeal.
(2) The engineer shall make a preliminary determination as to whether there is sufficient information or documentation contained in the notice of appeal upon which to make a decision. If not, the engineer shall promptly notify the appellant in writing of the deficiency and request additional information or documentation. The engineer shall not make a decision on the appeal until such additional information or documentation is provided by the appellant, or a response has been received from the appellant indicating that the appellant has no further information or documentation to support the appeal. If no response is received from the appellant within 60 days from the date of mailing the notice of deficiency, the appeal shall be deemed to have been abandoned by the appellant and no further action shall be taken by the engineer.
(3) The engineer shall make a decision on the appeal within 45 days after receipt of sufficient information or documentation to make a decision on the appeal. Notice of the engineer’s decision shall be provided the appellant by certified mail.
(4) If the appeal is denied by the engineer, the decision is binding and final. If the engineer determines that grounds exist for granting the appeal, the engineer shall prepare an ordinance for consideration by the council amending appropriate provisions of the ordinance establishing the assessment reimbursement area and/or the final assessment roll. The proposed ordinance shall be forwarded to the council with a recommendation from the engineer.
(5) The appeal shall be processed in accordance with SCC 13.95.052, SCC 13.95.054, and SCC 13.95.056. The council decision on whether to adopt the ordinance amending the assessment reimbursement area and/or final assessment roll is a discretionary legislative act.
(6) If the council adopts an ordinance amending the assessment reimbursement area and/or final assessment roll, such action shall relate back to the date on which the original ordinance establishing the assessment reimbursement area became effective. The amending ordinance shall have no effect on the running of the 15-year period set out in RCW 35.72.020.
(7) This section shall only apply to assessment reimbursement areas established by ordinance that take effect after July 1, 1996. (Added by Ord. 96-028 § 84, June 12, 1996, Eff date June 29, 1996).