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withdrawn at a point in the process where the fee paid exceeds the City's cost to process the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
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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1.1 Withdrawn Applications — Request for Refund.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.
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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
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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
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