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Resolution 8670006.90000 WSS /nkr 02/04/97 R:02 /06 /97gjz R:03 /06 /97gjz R:03 /07 /97gjz RESOLUTION NO. 867 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AMENDING RESOLUTION NO. 851 BY ADOPTING PROCEDURES FOR FEE REFUNDS, PROVIDING FOR INCREASED FEES TO COVER THE COSTS OF PROCESSING PERMITS FILED AS A RESULT OF A VIOLATION OF CITY CODE, AND ESTABLISHING A FEE AND PROCESS FOR THE COST OF TRANSCRIPT PREPARATION AND ULTIMATE FEE RECOVERY. WHEREAS, pursuant to the authorization of ECDC 15.00.020 the City Council establishes fees by resolution; and WHEREAS, the City Council finds that from time to time applications are withdrawn at a point in the process where the fee paid exceeds the City's cost to process the application or appeal and a portion of the fee should be refunded; and WHEREAS, certain permits are filed as a result of an enforcement action brought by the City with respect to the development of property or other actions for which a permit is required when the development was initiated without such a permit; and WHEREAS, where a development has proceeded without a permit, the City Council finds that the estimated cost of processing a new permit reflected in the normal permit fee does not adequately reflect the costs incurred by the City in achieving compliance with the process; and 153649.1R -1- WHEREAS, the City Council finds it appropriate to provide for a doubled fee for permits filed as a result of a code violation - proceeding without a permit; and WHEREAS, the Regulatory Reform Act requires that certain decisions of the City Council on appeal be "on the record" and the City must therefore incur certain costs in preparing transcripts for such an appeal; and WHEREAS, the City Council finds it appropriate that the appellant should bear the cost of transcript preparation subject, however, to recovery of the cost of transcript preparation if an appellant ultimately prevails, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Resolution 851 establishing fees for the City of Edmonds is amended in, and only in, the following respects: 1.1 Withdrawn Applications — Request for Refund. When an applicant or appellant withdraws an application in the course of the permitting process and the actual cost of processing the application or appeal is less than the filing fee of permit application or approval on the date the application or appeal is withdrawn, the Community Services Director is authorized to approve a refund of fees, provided, however, that in no event shall the refund be more than one -half of the original application fee. 1.2 Permit Application Following Violation. In the event that, as a result of a complaint, enforcement action or other City process, an application is filed for property on which the applicant or his /her /its agent has attempted to proceed with development or another action without the benefit of a required permit, the application fee charged for such development action or approval shall be twice the amount set forth in the normal permit fee Schedule for the requested permit. 153649AR -2- 1.3 Appeal Fee — Cost of Transcript Preparation. When an appeal is filed which, pursuant to the provisions of the Edmonds Community Development Code and the Regulatory Reform Act, requires the preparation of a transcript, the applicant shall pay an appeal fee of $100.00 and make a transcript deposit of $200.00 or the estimated cost of transcript preparation, whichever is greater. 1.3.1 In the event that the preparation of a transcript exceeds the estimate, the Community Services Director is authorized to notify the appellant of the additional costs and to withhold the appeal and transcript until such time as the appellant has paid the remaining fee. 1.3.2 In the event that the cost of preparing the transcript is less than the estimated cost, the difference shall be refunded. In the event that the applicant /appellant fails to make an adequate deposit to pay for the cost of the fee within ten (10) business days from the date of mailing of a written notice of deficit, the appeal shall be dismissed. 1.3.3 If on appeal the appellant substantially prevails with respect to the issues raised by his or her appeal, the cost of transcript preparation shall be refunded to the appellant and a record of such transcript costs maintained by the City. In the event that a matter is appealed to Superior Court under the Land Use Petition Act, the costs of preparing the transcript shall be maintained and recoverable if the party on appeal subsequently prevails on the issues presented by the appeal. Section 2. The fees established by this Resolution shall be effective on or after the 19th_ day of March , 1997. RESOLVED this 181hday of March , 1997 ... • • MAYOR, BARBARA 153649AR -3- ATTEST /AUTHENTICATED : A'A'-' Z. Z9,-" CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 03 /14/97 PASSED BY THE CITY COUNCIL: 03/18/97 RESOLUTION NO. Rh 7 153649AR -4-