Chapter 19.04
PARK IMPACT FEES

Sections:

19.04.010    Findings and authority.

19.04.020    Applicability.

19.04.030    Intent and purposes.

19.04.040    Construction and interpretation.

19.04.050    Definitions.

19.04.060    Imposition of park impact fee.

19.04.070    Computation of the park impact fee amount.

19.04.080    Payment of fee.

19.04.090    Park impact fee service areas.

19.04.100    Park impact fee special revenue fund established.

19.04.110    Use of funds.

19.04.120    Refunds of fees paid.

19.04.130    Exemptions.

19.04.140    Credits.

19.04.150    Review.

19.04.160    Penalty provision.

19.04.170    Severability.

19.04.180    Effective date.

19.04.010 Findings and authority.

The Bellingham city council hereby finds and declares that:

A. In order to meet development requirements, maintain park standards and continue to promote and protect the public health, safety, and welfare in the face of a growing population, the city of Bellingham must expand its park and open space system.

B. The imposition of impact fees is a preferred method of ensuring that (1) adequate parks and recreational facilities are available to serve new growth and development, and (2) such new growth and development should be required to pay a proportionate share of the costs of new facilities necessary to serve such increased growth.

C. Each type of land development described in this chapter will create demand for the acquisition or expansion of parks and the construction of recreational facilities and other park improvements.

D. The fees established in BMC 19.04.070 are derived from, based upon, and do not exceed the costs of providing additional parks and park improvements necessitated by the new land developments for which the fees are levied.

E. This chapter is adopted pursuant to the authority granted to the city under the Growth Management Act (Chapter 36.70A RCW) and Chapter 82.02 RCW as a means of mitigating residential development’s impacts upon the parks and recreational facilities in the city. [Ord. 2006-02-012].

19.04.020 Applicability.

This chapter shall apply to all new residential development applied for after the effective date of the ordinance codified in this chapter. [Ord. 2006-02-012].

19.04.030 Intent and purposes.

A. This chapter is intended to assist in the implementation of the capital facilities plan element of the Bellingham comprehensive plan, and to help achieve the goals of the Bellingham comprehensive park, recreation and open space plan element therein.

B. The purpose of this chapter is to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide parks, recreation, and open space improvements in Bellingham. [Ord. 2007-10-080; Ord. 2006-02-012].

19.04.040 Construction and interpretation.

The provisions of this chapter shall be liberally construed and interpreted so as to effectively carry out its purpose in the interest of the public health, safety, and welfare. [Ord. 2006-02-012].

19.04.050 Definitions.

“Bellingham comprehensive park, recreation and open space plan” means the planning document that includes a park and recreation inventory, facility demand, policy and guidance on developing citywide and local park and recreation facilities.

“Capital facilities plan (CFP)” means a six-year plan that is annually updated and approved by the council to finance the development of capital facilities necessary to support the population projected within Bellingham over the next six-year projection period. As defined in the GMA, the CFP will include:

A. Forecast of future needs for park facilities and open space;

B. Identification of additional demands placed on existing public facilities by new development;

C. Long-range construction and capital improvement projects of the city;

D. Parks under construction or expansion;

E. Proposed locations and capacities of expanded or new park facilities;

F. Inventory of existing park facilities;

G. At least a six-year financing component, updated as necessary to maintain at least a six-year forecast period, for financing needed for park facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters; and

H. Identification of deficiencies in park facilities and the means by which existing deficiencies will be eliminated within a reasonable period of time.

“Capital improvement” includes, without limitation, park planning, land acquisition, site improvements, buildings, and equipment but excludes maintenance, operation, repair, alteration, or replacement.

“City” means the city of Bellingham, Washington.

“Developer” means any person or entity who owns or holds purchase options or other development control over real property for which development activity is proposed.

“Development activity” means any construction or expansion of a residential building, structure, or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for park and recreational facilities (GMA, Section 48, RCW 82.02.090).

“Development approval” means any written authorization from a county, city or other municipal jurisdiction that authorizes the commencement of development activity.

“Encumbered” means impact fees identified by the city as being committed as part of the funding for a park facility for which the public funded share has been assured or building permits sought or construction contracts executed.

Environments and Facilities – Citywide.

A. “Environments and facilities – citywide” should:

1. Have significant physical qualities;

2. Have historical, cultural or social values;

3. Not be duplicated elsewhere in the city;

4. Be of citywide interest;

5. Protect environmentally sensitive areas; and

6. Be accessible to residents of the city by trails, park features or local roads.

B. Citywide facilities may:

1. Have high population participation rates;

2. Have high user volumes;

3. Benefit residents of a number of neighborhoods including adjacent jurisdictions;

4. Involve joint ventures;

5. Represent the ultimate competition level play facility;

6. Have no or low user fee recapture opportunities;

7. Have unique location requirements that require citywide coordination; and

8. Be activities for which there are no other logical or available sponsors.

Environments and Facilities – Local.

A. Environments and facilities – local:

1. Should have significant character;

2. Should have local historical or social values; but

3. May be duplicated elsewhere within the city, though not elsewhere within the local area; and

4. Should be of local rather than citywide interest.

B. Local facilities:

1. Have significant but not high user participations;

2. Are oriented to local user preferences;

3. Are limited in appeal;

4. Are developed to minimum levels of playing skill or competition;

5. Have no or low fee recapture potentials;

6. Are not subject to special siting considerations; and

7. May have a number of other public and private sponsors.

“Growth impact fee assessment” means a payment of money imposed upon development as a condition of development approval to pay for public facilities needed to serve new growth and development:

A. Where such public facilities are reasonably related to the new development that creates additional demand for public facilities;

B. Where such fees are a proportionate share of the cost of the public facilities; and

C. Where such fees are used for facilities that reasonably benefit the new development.

Park impact fees will be a proportionate amount (less than 100 percent) of the land acquisition and facility development value or cost required to sustain the existing level of service (ELOS) as a result of new development.

The assessment fee proportion of the actual impact (as set forth in the definition of “Development activity”) will be determined on an annual basis by the council. The council will review and consider projected park and recreation facility requirements, funding capabilities and trends, citizen preferences concerning park improvement financing, and other issues when determining the proportionate amount to be charged new developments.

The growth impact fee assessment will include a proportionate amount:

1. For citywide facilities that may be distributed for the creation of a citywide system of park and recreation facilities on a citywide basis; and

2. Local facilities that may be used or invested by Bellingham for the creation of local facilities servicing the residents of Bellingham neighborhoods.

Growth Impact Requirement. Caused by population increases created by new developments determined by:

A. Calculating the inventory of existing park and recreational lands and facilities (optionally including funded projects listed within the current capital facilities plan (CFP));

B. Dividing by the existing population in order to determine the existing level of service (ELOS);

C. Multiplying by the population estimated to be created by the development project (per person or housing unit);

D. Multiplying by the estimated land and facility acquisition and development cost or value for each kind of land and facility unit, in order;

E. To determine the composite level of service (LOS) value or cost required per person (or housing unit) by the composite development project in order to sustain the existing level of service (ELOS).

The growth impact requirement will differentiate the proportional impact (cost or value) required to sustain citywide facilities and local facilities.

“Growth impact fee – schedule” means the table of impact fees to be charged per unit of development as computed by the formula adopted under this chapter, and indicating the standard fee amount per dwelling unit type to be paid as a condition of development within the city as attached hereto as Attachment A to the ordinance codified in this chapter.

“Improvements – project” means site improvements and facilities planned and designed to provide service for a particular development project. Project improvements are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. Project improvement examples include, without limitation, the construction of water and sewer lines or interior roads that serve only the structures and occupants located within the development.

No improvement or facility in a capital facilities plan (CFP) approved by the city council shall be considered a project improvement. The developer normally pays project improvements as a condition of development approval. Project improvements are not financed with public funds nor included within the city’s capital facilities plan and development impact fees.

“Improvements – system” means public facilities designed to serve areas within the community at large, in contrast to project improvements designed to service occupants of a particular development project or site. System improvement examples include, without limitation, collector or arterial roads, schools, and parks.

Systems improvements are financed with public funds in accordance with the city’s capital facilities plan (CFP). An impact fee may be imposed for a system improvement only if the improvement is included within Bellingham’s capital facilities plan (CFP).

“Level of service – existing/proposed (ELOS/PLOS)” means the ratio of park and recreation land and facility units (acres, fields, square feet, etc.) to the number of persons in the population (expressed in units per 1,000 persons).

The existing level of service (ELOS) includes all park and recreation land and facility units that have been improved to the present time and funded for improvement within the current (existing) time period specified in the capital facilities program (CFP).

The proposed level of service (PLOS) includes park and recreational land and facility units that are intended to be added to the current inventory over Bellingham’s comprehensive park, recreation and open space plan’s time period (20 years) to improve upon existing standards.

Growth impact fees are to be imposed on new developments in order to finance the development of additional facilities necessary to maintain the existing level of service (ELOS) as a result of the additional population requirements created by new development.

Existing and proposed level of service (ELOS/PLOS) requirements will be estimated:

A. For Citywide Facilities. For the creation of a citywide system of park and recreation facilities on a citywide basis; and

B. Local Facilities. For the creation of local facilities servicing the residents of Bellingham neighborhoods.

“Owner” means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded.

“Previously incurred system improvements” means system projects that were accomplished that will serve new growth and development. Impact fees can be imposed on an adjacent development to recover a proportionate share of the money Bellingham spent or previously incurred to provide for the future demand that the adjacent development now requires.

“Prior system deficiencies” means improvements that are necessary to expand the existing system to meet current level of service (LOS) requirements. Impact fees may not be used for prior system deficiencies or for improvements that do not benefit or serve new growth.

“Private recreational facility” means any recreational facility that is not owned by or dedicated to any public or governmental entity.

“Proportionate share” means that portion of the cost of public facility improvements that are reasonably related to the service demands and needs of new development.

“Public facility” means the following capital facilities owned or operated by government entities:

A. Public streets and roads;

B. Publicly owned parks, open space, and recreation facilities;

C. School facilities; and

D. Fire protection facilities in jurisdictions that are not part of a fire district.

“Service areas – citywide/local park and recreational” means a geographic area in which a defined set of public facilities provide service to the population within the area. Park and recreational lands, facilities, and services will be provided under a tiered approach that includes:

A. A citywide system that will be organized on a citywide basis; and

B. A local system that may be organized on a neighborhood basis.

Figure 19.04.050

[Ord. 2006-02-012].

19.04.060 Imposition of park impact fee.

A. Any person or entity who, after the effective date of the ordinance codified in this chapter seeks to develop land within Bellingham by applying for a building permit for a residential building or permit for residential mobile home installation is hereby required to pay a park impact fee in the manner and amount set forth in this chapter.

B. No new residential building permit or new permit for residential mobile home installation for any activity requiring payment of an impact fee pursuant to BMC 19.04.070 shall be issued unless and until the park impact fee hereby required has been paid. However, payment of the park impact fee for single-family detached and attached residential construction may also be deferred as allowed per Chapter 19.10 BMC.

C. No extension of a residential building permit or permit for residential mobile home installation issued prior to the effective date of the ordinance codified in this chapter for any activity requiring payment of an impact fee pursuant to BMC 19.04.070 shall be granted unless and until the park impact fee hereby required has been paid. [Ord. 2016-08-031 § 1; Ord. 2006-02-012].

19.04.070 Computation of the park impact fee amount.

A. Schedule. The citywide and local park impact fee value per person shall be determined in accordance with BMC 19.04.050, definitions of “Developer,” “Development activity,” and “Development approval,” as set forth therein and documented in Figure 19.04.050.

1. If a building permit is requested for mixed uses, then the fee shall be determined using the above referenced schedule by apportioning the number of units committed to uses specified on the schedule.

2. If the type of development activity that a residential building permit is applied for is not specified on the above fee schedule, the planning director (or designee) shall use the fee applicable to the most comparable type of land use on the above fee schedule. The planning director shall be guided in the selection of a comparable type by the Bellingham comprehensive park, recreation and open space plan, and BMC Title 20 (Land Use Development). If the planning director determines that there is not a comparable type of land use on the above fee schedule then the planning director shall determine that appropriately discounted fee by considering demographic or other documentation that is available from state, local, and regional authorities.

3. In the case of change of use, redevelopment, or expansion or modification of an existing use that requires the issuance of a building permit or permit for mobile home installation, the impact fee shall be based upon the net positive increase in the impact for the new use as compared to the previous use. The planning director shall be guided in this determination by the source and agencies listed above.

B. Calculation. Fees shall be calculated in accordance with Figure 19.04.050 unless:

1. The developer submits to the planning director and director of parks and recreation (the “parks director”) studies and data in accordance with RCW 82.02.060(5) that support a claim for adjustment in the amount of the fee. The studies and data submitted shall clearly show the basis upon which the independent fee calculation was made.

2. The parks director shall consider the documentation submitted by the developer but is not required to accept such documentation as he/she shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require the developer to submit additional or different documentation for consideration.

3. If the parks director accepts the studies and data and deems an adjustment in the amount of the fee to be warranted, the parks director may adjust the fee to that appropriate to the particular development. The adjustment may include a credit against the fee otherwise payable for public recreational facilities constructed or deed restricted or otherwise set aside for recreational purposes by the developer that serve the same purposes and functions as specific designations set forth for public parks in the Bellingham comprehensive park, recreation and open space plan element.

4. In cases where the developer requests an adjustment in the amount of the fee to be imposed, the costs of such calculation shall be borne by the developer.

C. Appeals.

1. Determinations made by the planning director or parks director pursuant to this section may be appealed to the hearing examiner under the provisions of Chapter 2.56 BMC by filing a written request for a hearing with the parks director within 10 days of the given official’s determination. For purposes of this section, imposition of the impact fee shall be considered a determination made by the parks director.

2. At the hearing, the appellant shall have the burden of proof, which shall be met by a preponderance of the evidence. The impact fee may be modified upon a determination that it is proper to do so based on the application of the criteria contained in BMC 19.04.070, 19.04.130 and 19.04.140. Appeals shall be limited to application of the impact fee provisions to the specific development activity and the provisions of this chapter shall be presumed valid.

3. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. Payment of impact fees under protest does not toll the deadline for appealing a determination by the planning director or parks director under subsection (C)(1) of this section. [Ord. 2007-03-024; Ord. 2006-02-012].

19.04.080 Payment of fee.

A. Impact fees shall be imposed upon development activity in the city, based upon the schedule set forth in this chapter, and shall be collected by the city from any applicant where such development activity requires issuance of a residential building permit or a mobile home permit and the fee for the lot or unit has not been previously paid.

B. Arrangement may be made for later payment of the impact fee with the approval of the city only if the city determines that it will be unable to use or will not need the payment until a later time; provided, that sufficient security, as defined by the city, is provided to assure payment. Security shall be made to and held by the city, which will be responsible for tracking and documenting the security interest.

C. Payment of the impact fee for single-family detached and attached residential construction may also be deferred as allowed per Chapter 19.10 BMC. [Ord. 2016-08-031 § 2; Ord. 2006-02-012].

19.04.090 Park impact fee service areas.

A. Citywide Service Area. A single park impact fee service area will be created for citywide park and recreational facilities to include the entire city.

B. Local Service Areas. Local park and recreation facilities will be located in neighborhood service areas which may be oriented around neighborhood parks, elementary and middle schools, and similar sites. [Ord. 2006-02-012].

19.04.100 Park impact fee special revenue fund established.

A. All funds collected shall be promptly transferred for deposit in a park impact fee interest-bearing special revenue fund to be held in a separate account as determined by this section and used solely for the purposes specified herein.

B. Funds withdrawn from this account must be used in accordance with the provisions of BMC 19.04.110. [Ord. 2006-02-012].

19.04.110 Use of funds.

A. Funds collected from park impact fees shall be used solely for the purpose of acquiring and/or making capital improvements to citywide or local parks under the jurisdiction of Bellingham, and shall not be used for maintenance or operations.

B. Funds shall be used exclusively for acquisitions, expansions, or capital improvements within the citywide or local park impact fee service areas. Funds shall be expended in the order in which they were collected.

C. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which park impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in subsections (A) and (B) of this section.

D. Impact fees for system improvements shall be expended by the city only in conformance with the capital facilities plan (CFP).

E. Impact fees shall be expended or encumbered by the city for a permissible use within 10 years of receipt by the city, unless there exists an extraordinary or compelling reason for fees to be held longer than 10 years. The city council shall identify the city’s extraordinary and compelling reasons for the fees to be held longer than 10 years in the council’s own written findings.

F. At least once each fiscal period, the parks director shall present to the council a proposed capital facilities plan (CFP) for parks, assigning funds, including any accrued interest from the park impact fee special revenue fund to specific park improvement projects and related expenses. Moneys, including any accrued interest not assigned in any fiscal period, shall be retained in the park impact fee special revenue fund until the next fiscal period, except as provided by the refund provisions of this chapter.

G. Funds may be used to provide refunds as described in BMC 19.04.120.

H. Bellingham shall be entitled to retain not more than two percent of the funds collected as compensation for the expense of collecting the fee and administering this chapter. [Ord. 2011-07-037; Ord. 2006-02-012].

19.04.120 Refunds of fees paid.

A. If a residential building permit or permit for residential mobile home installation expires without commencement of construction, then the developer shall be entitled to a refund, with interest, of the impact fee paid as a condition for its issuance except that the city shall retain a percentage of the fee (as set forth in BMC 19.04.110(H)) to offset a portion of the costs of collection and refund. The developer must submit an application for such a refund to the planning director within 30 days of the expiration of the permit.

B. Any funds not expended or encumbered by the end of the calendar quarter immediately following 10 years from the date the park impact fee was paid shall, upon application by the current landowner, be returned to such landowner with interest at the interest rate accrued in the special revenue fund account; provided, that the landowner submits an application for a refund to the city of Bellingham within one year of the expiration of the 10-year period.

C. Any impact fees that are not expended or encumbered by the city in conformance with the capital facilities plan (CFP) within these time limitations, and for which no application for a refund has been made within this one-year period, shall be retained and expended consistent with the provisions of this section.

D. Interest due upon the refund of impact fees required by this section shall be calculated according to the average rate received by the city on invested funds throughout the period during which the fees were retained. [Ord. 2011-07-037; Ord. 2006-02-012].

19.04.130 Exemptions.

A. The following development activities shall be exempted from payment of impact fees:

1. Reconstruction, remodeling or construction of the following facilities, subject to the recording of a covenant or recorded declaration of restrictions precluding use of the property for other than the exempt purpose; provided, that if the property is used for a nonexempt purpose, then the park impact fees then in effect shall be paid:

a. Shelters or dwelling units for temporary placement which provide housing to persons on a temporary basis of not more than four weeks.

b. Construction or remodeling of transitional housing facilities or dwelling units that provide housing to persons on a temporary basis of not more than 24 months, in connection with job training, self-sufficiency training and human services counseling, the purpose of which is to help persons make the transition from homelessness to placement in permanent housing.

2. Rebuilding or replacement of a legally established dwelling unit(s) destroyed or damaged by fire, flood, explosion, act of God or other accident or catastrophe; provided, that such rebuilding takes place within a period of one year after destruction with a new building or structure of the same size and use.

3. Alteration or Expansion.

a. Of an existing building where no additional residential units are created and where the use is not changed; and/or

b. The construction of accessory buildings or structures.

4. Mobile home where:

a. The installation of a replacement mobile home on a lot or other such site when a park impact fee for such mobile home site has previously been paid pursuant to this chapter or where a mobile home legally existed on such site on or prior to the effective date of the ordinance codified in this chapter.

b. The construction of any nonresidential building or structure or the installation of a nonresidential mobile home.

Any claim or exemption must be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.

5. Condominium projects in which existing dwelling units are converted into condominium ownership where no new dwelling units are created.

6. Previous mitigation where the development activity is exempt from the payment of an impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act (SEPA) and such improvement is included within the capital facilities plan (CFP).

B. Upon application by the owner, a partial exemption of not more than 80 percent of park impact fees, with no explicit requirement to pay the exempted portion of the fee from public funds, may be granted to a low-income housing development, as defined below:

1. The director of planning and community development, after consultation with the director of parks, may grant an exemption to a low-income housing project listed in an annual consolidated action plan approved by city council.

2. The city council may grant an exemption to a low-income housing project not included in an annual consolidated action plan.

3. The decision to grant, partially grant or deny an exemption shall be based on the public benefit of the specific project, the extent to which the applicant has sought other funding sources, the financial hardship to the project of paying the impact fees, the impacts of the project on public facilities and services, and the consistency of the project with adopted city plans and policies relating to low-income housing.

4. An exemption granted under this subsection must be conditioned upon requiring the developer to record a covenant approved by the director of planning and community development that prohibits using the property for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and require that, if the property is converted to a use other than for low-income housing as defined in the covenant, the property owner must pay the applicable impact fees in effect at the time of any conversion. Covenants required by this subsection must be recorded with the Whatcom County auditor.

5. “Low-income housing” means housing with a monthly housing expense that is no greater than 30 percent of 80 percent of the median family income adjusted for family size, for Bellingham, as reported by the United States Department of Housing and Urban Development. [Ord. 2015-07-029 § 1; Ord. 2009-04-020; Ord. 2007-10-080; Ord. 2006-02-012].

19.04.140 Credits.

Park land and/or park capital improvements may be offered by the developer as total or partial payment of the required impact fee. Development activity for which park impacts were intended to be mitigated pursuant to a condition of plat or PUD approval, dedications of land or construction of, or improvement to park facilities that predate this chapter, unless the condition of the plat or PUD approval provides otherwise, may also be considered for credit hereunder; provided, that any such mitigation measure was made pursuant to the capital facilities plan (CFP). Any new offer must specifically request or provide for a park impact fee credit. If the parks director accepts such an offer, whether the acceptance is before or after the effective date of the ordinance codified in this chapter, the credit shall be determined and provided in the following manner:

A. Credit for the dedication of land shall be valued at fair market value established by private appraisers acceptable to the city. Credit for the dedication of park land shall be provided when the property has been conveyed at no charge to, and accepted by the city.

B. Applicants for credit for construction of park improvements shall submit acceptable engineering drawings and specifications, and construction cost estimates to the parks director. The parks director shall determine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the parks director determines that such estimates submitted by applicants are either unreliable or inaccurate. The parks director shall provide applicants with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, and the legal description of the project or development to which the credit may be applied. Applicants must sign and date a duplicate copy of such letter or certificate indicating their agreement to the terms of the letter or certificate and return such signed document to the parks director before credit will be given. The failure of an applicant to sign, date, and return such document within 60 days shall nullify the credit.

C. Except as provided in subsection (D) of this section, credit against impact fees otherwise due will not be provided until:

1. The construction is completed and accepted by the parks director; and

2. A suitable maintenance and warranty bond is received and approved by the parks director, when applicable.

D. Credit may be provided before completion of specified park improvements if adequate assurances are given by the applicant that the standards set out in subsection (C) of this section will be met and if the developer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit, or escrow agreement shall be posted with and approved by the parks director in an amount determined by the parks director. If the park construction project will not be constructed within one year of the acceptance of the offer by the parks director, the amount of the security shall be increased by 10 percent compounded for each year of the life of the security. The security shall be reviewed and approved by the parks director prior to acceptance of the security. If the park construction project is not to be completed within six years of the date of the developer’s offer, the city council must approve the park construction project and its scheduled completion date prior to the acceptance of the offer by the parks director.

E. Any claim for credit must be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.

F. Credits shall not be transferable from one project or development to another without the approval of the city council and may only be transferred to a different development upon a finding by the council that the dedication for which the credit was given benefits the different impact fee service area.

G. Determinations made by the parks director pursuant to this section may be appealed to the hearing examiner by filing a written request with the parks director within 10 days of the parks director’s determination. Hearing proceedings shall conform with BMC 19.04.070(C)(2). [Ord. 2006-02-012].

19.04.150 Review.

The fee schedule referenced in BMC 19.04.070(A) shall be reviewed by city council at least once each fiscal year; provided, that failure to conduct this review shall not invalidate the fee schedule previously adopted. Any revisions to the fee schedule may be made by resolution passed by a majority of the city council. [Ord. 2007-03-024; Ord. 2006-02-012].

19.04.160 Penalty provision.

A violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction of the violator shall be punishable in accordance with BMC 1.28.010; however, in addition to or in lieu of any criminal prosecution, the city shall have the power to sue in civil court to enforce the provisions of this chapter. [Ord. 2006-02-012].

19.04.170 Severability.

If any section, phrase, sentence, clause or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. [Ord. 2006-02-012].

19.04.180 Effective date.

This chapter, being an exercise of a power specifically delegated to the city legislative body, is not subject to referendum and shall be effective 15 days after passage, and publication of the ordinance or a summary thereof consisting of the title. [Ord. 2006-02-012].