Chapter 1.28
FEES

Sections:

1.28.010    Miscellaneous fees charged.

1.28.015    Rental fees charged.

1.28.020    Engineering and other consultant services.

1.28.025    Fire inspection fees.

1.28.030    Code enforcement fee.

1.28.035    Hourly rate.

1.28.040    Collection of fees.

1.28.045    Collection of amounts owed to the city.

1.28.047    Use of collection agency authorized.

1.28.050    Reduction of land use fees.

1.28.010 Miscellaneous fees charged.

A. The city shall charge an appropriate fee in the amount established by the city by resolution for the following services provided or permits issued by the city:

1. Boundary line adjustment review;

2. Bulkheads and seawalls – repairs and new bulkheads;

3. Forest practices review;

4. Grading permits;

5. Clearing permits;

6. Open space review;

7. Preapplication conferences (this fee is not refundable);

8. Public dance permits;

9. Visa/citizen/immigration document processing;

10. Escheat transaction processing;

11. Notary services;

12. Concealed weapons permit duplicates;

13. House moving permits;

14. Written reports to escrow companies;

15. Reports to insurance companies;

16. Fingerprint card processing;

17. Administrative code interpretation;

18. Buffer reduction or averaging review;

19. Land use consultation;

20. Vegetation management plan review;

21. Planned unit development applications;

22. Extensions of planned unit development applications;

23. Stormwater site plan review fees;

24. Construction inspection fees; and

25. Post-construction stormwater facility inspection fees.

B. The city shall impose an appropriate fee as established by the city by resolution on any person making or presenting a check, which is later dishonored, for a payment to the city. (Ord. 2016-28 § 1, 2016; Ord. 97-10 § 1, 1997; Ord. 92-24 § 13, 1992)

1.28.015 Rental fees charged.

A. Persons seeking to rent facilities owned by the city shall submit to the city clerk a rental application in the form approved by the city, with a nonrefundable rental application fee in the amount established by the city by resolution. If the applicant rents the city facilities, the city shall charge a rental fee for the use of the facilities in the amount established by the city by resolution. The rental application fee shall be applied to the rental fee.

B. If city personnel are required to perform services in connection with the rental of city facilities before or after the personnel’s ordinary working hours, the renter shall pay the city an after hours activity fee in the amount established by the city by resolution. (Ord. 96-13 § 1, 1996; Ord. 94-16 § 1, 1994)

1.28.020 Engineering and other consultant services.

A. Whenever any land use application or related data or property is to be processed, reviewed, or inspected, in addition to paying all other fees required by the city the applicant shall:

1. Reimburse the city for all fees (plus 10 percent for administration) paid or owed by the city to engineers or other consultants that the city determines are necessary for processing the application or performing any reviews or inspections in connection with the application; and

2. Pay the city a fee in the amount established by resolution for all staff time spent to process the application or perform any reviews or inspections in connection with the application.

B. If a land use applicant desires to expedite the processing of an application, the applicant may request that the city retain engineering or other consultants to process the application of perform reviews or inspections in connection with the application. If the city agrees, the applicant shall reimburse the city for all fees paid or owed by the city to such engineers or other consultants plus 10 percent for administration. (Ord. 97-10 § 2, 1997; Ord. 92-24 § 13, 1992)

1.28.025 Fire inspection fees.

Whenever any application is to be processed, reviewed, or inspected by the city, and it is necessary for the city to review or inspect the application, structure, or property for compliance with the city’s fire code, the applicant shall pay a fee as established by the city by resolution. (Ord. 97-10 § 3, 1997)

1.28.030 Code enforcement fee.

Whenever the city is required to act to enforce any provision of the code, in addition to any other fines, charges or penalties imposed on the person committing the violation, the city shall charge the person an appropriate fee as established by the city by resolution. (Ord. 92-24 § 13, 1992)

1.28.035 Hourly rate.*

A. In all sections of the city’s fee schedule, adopted by resolution and as amended, that specify an hourly rate shall be charged, the city shall charge the hourly rate established in this section for all staff time spent on the permit, approval, or other action covered by the fee schedule. The hourly rate shall include overhead and direct costs related to the permit, approval, or action (such as posting, publication, and mailing of notices) but shall not include amounts charged by third parties to the city (such as legal costs, engineering services, or other consulting charges from individuals or firms pursuant to contracts with the city). In addition to the hourly rate charge, applicants for permits, approvals, or other actions for which the hourly rate charge is imposed shall pay to the city 110 percent of amounts charged to the city by third parties in connection with the permit, approval or action.

B. The hourly rate shall cover the full cost of the regulatory function of processing land use applications for the year prior to the imposition of the rate, excluding the costs of long range planning and policy formulation, less a taxpayer contribution. Different taxpayer contributions may be applied to different types of permits. Unless a taxpayer contribution is approved for a specific period, the taxpayer contribution shall be zero. Specific periods shall not exceed one year.

C. The city council shall review the hourly rates imposed by the city periodically as needed but at least once in every three years. The review may include the method and amount of the rate calculation, the amount of the taxpayer contributions, and the permits, approvals, and actions for which hourly fees are charged.

D. An applicant that is aggrieved by the number of hours charged to a particular permit, approval, or action may appeal the amount charged to the hearing examiner. The decision of the hearing examiner shall be final.

E. The city’s hourly rate charge shall be $180.00 per hour. (Ord. 2003-31 § 1, 2003: Ord. 2001-50 § 1, 2001; Ord. 2000-51 § 1, 2000: Ord. 99-47 § 1, 1999)

*Code reviser’s note: Ords. 2000-51 and 99-47 add this section as 1.28.025. It has been editorially renumbered to avoid duplication.

1.28.040 Collection of fees.

When a fee charged by the city pursuant to this code is not due in full upon submitting the application or requesting the service for which the fee is charged, the fee shall be collected in the manner established by the city by resolution. (Ord. 92-24 § 13, 1992)

1.28.045 Collection of amounts owed to the city.

A. In addition to all other remedies for collecting amounts owed to the city, the city may withhold the provision of services described in subsection B of this section to persons who have failed to pay fees owed to the city, other than utility base and consumption rates, if the fees owed are more than 90 days delinquent from the date payment is due. The city may not withhold services based on the delinquent amounts owed to the city if the person owing the delinquent amount has filed a legal administrative or judicial appeal regarding the services previously rendered or the amounts owed to the city.

B. Under this section, the city may withhold any service provided by the city, including the processing of applications for permits, except for police services, animal control services, monthly utility service, court services, administrative appeal services, services which if withheld would create a clear public health or safety hazard, and services relating to the processing of permits for which a vested application has been filed prior to the effective date of this section.

C. In order to withhold services based on a person’s failure to pay amounts owed to the city, the city must have evidence that the person was billed for the amount, that the amount is at least 90 days delinquent at the time that the city withholds the services, and that the person was notified in writing of the city’s right to withhold services pursuant to this section. The written notice shall be sent by regular or certified mail, at the city’s discretion, to the person’s last known address according to the city’s records at least 30 days prior to the time that the city withholds services.

D. All permits, approvals, and regulatory actions are issued on the condition that all fees and charges required for that permit, approval, or regulatory action be paid in full. In the event that a legally required fee or charge is not paid in full within 60 days of the date of the city’s invoice to the applicant, the permit, approval, or regulatory action for which the payment is required shall be immediately and automatically revoked and thereafter shall be null and void. (Ord. 2000-51 § 2, 2000; Ord. 99-47 § 2, 1999; Ord. 95-04 § 1, 1995)

1.28.047 Use of collection agency authorized.

A. In addition to all other remedies for collecting amounts owed to the city, the city may use the services of a collection agency to collect amounts owed to the city for services provided by the city pursuant to the procedures set forth in this section. If the city uses a collection agency to collect amounts owed to the city, in addition to the outstanding debt, the debtor shall pay a fee in an amount established by resolution for the collection agency fee incurred by the city.

B. To use the services of a collection agency to collect amounts owed to the city, the city must have evidence that the city sent the debtor a written bill for the amount.

C. If an amount owed to the city is not paid within 60 days of the date on which the amount becomes due, the director of finance may send written notice, by regular or certified mail, to the debtor at the debtor’s last known address according to the city’s records. The notice shall state the amount owed to the city, the amount of any applicable interest and penalties, that the city may use the services of a collection agency to collect amounts owed to the city if the amount owed to the city, together with any applicable interest and penalties, is not paid in full within 30 days of the date of the notice, and that if the city uses the services of a collection agency, the city shall charge the debtor a fee in the amount established by the resolution.

D. If the amount owed to the city, together with any applicable interest and penalties, is not paid in full within 30 days of the date of the notice, the city may use the services of a collection agency to collect the outstanding amount owed to the city, any applicable interest and penalties, and the collection agency services fee. (Ord. 97-29 § 1, 1997)

1.28.050 Reduction of land use fees.

In cases where the planning department has the authority to waive submittal requirements for applications, and the department waives at least one submittal requirement, the director of planning and community development may, in the director’s discretion and with the approval of the city administrator, reduce the amount of the base fee charged to the applicant for the application. (Ord. 92-24 § 13, 1992)