9.06.022 Criteria for eligibility for fee reimbursement for NAC appeals.
The City, through the city manager’s office, may reimburse a recognized NAC for the fee payable for an appeal of a City land use decision or city traffic commission decision to the city council, planning commission, or board of design review. Each NAC is eligible to apply for reimbursement for one appeal per fiscal year. Budgeted funds for such appeals are at the discretion of the city council. Reimbursement will only be for appeal of a land use or traffic commission decision occurring within the boundary of the subject NAC. Eligibility can not be transferred to another NAC or carried over to the next fiscal year. The NAC may appeal a decision issued by another jurisdiction; however, the fee associated with the appeal of a decision made by a jurisdiction other than the City of Beaverton is not eligible for reimbursement from the City. Nothing in this code shall prevent a NAC from appealing a land use or traffic decision made by another entity at the NAC’s initiative and expense. In order to be eligible for reimbursement, a NAC must meet the following criteria.
A. Recognition Status. The NAC shall be a recognized NAC, meeting the criteria listed under BC 9.06.020.
B. Meeting Requirements. The NAC shall hold at least one public meeting as to the potential appeal that has been publicized in accordance with BC 9.06.020(C) and that meets, at minimum, the following:
1. The NAC shall be notified of the meeting no fewer than five business days before the date of the meeting;
2. The meeting shall be conducted in conformance with Oregon public meetings law and Oregon public records law;
3. The vote to appeal conforms to the voting procedures and voting requirements in the NAC’s by-laws;
4. NAC board members shall conduct a vote on whether or not to appeal the action and whether or not to request reimbursement; and
5. The subject of the potential decision to file an appeal shall appear on the meeting agenda.
C. Filing the Appeal Reimbursement Request. The NAC shall file the written request attached to the appeal within the appropriate appeal period with the city recorder’s office or community development department, as appropriate. In addition to the appeal, a NAC filing a request for reimbursement shall include the following:
1. The appropriate appeal fee as established by city council;
2. The minutes from the meeting in which the NAC voted to appeal and voted to request reimbursement of the City’s appeal fee; and
3. All other requirements for appeals as required by City ordinance.
D. The city manager shall determine whether there is money in the budget for the fee reimbursement and whether the request complies with the requirements above. This decision is not a land use decision and the above criteria on fee reimbursement shall not be applied to determine whether the NAC properly filed their appeal or the merits of any appeal. Nothing in this code obligates the City to appropriate funds for or to reimburse the appeal filing fee nor creates any right or entitlement in any NAC or any person to a claim on City funds.
E. If the NAC meets the above criteria and the fee reimbursement is granted, the City shall reimburse, within a timely manner, the appeal fees to the NAC. [BC 9.06.022, added by Ordinance No. 4376, 11/14/05; amended by Ordinance No. 4794, 12/1/20]