Chapter 3.42
FEES AND OTHER ASSESSMENTS
Sections:
3.42.040 Recovery of costs authorized.
3.42.050 Fees, deposits, and refunds.
3.42.070 Fees established by resolution.
3.42.080 Administrative procedures.
Legislative history: Ords. 93-300, 93-301, 94-325, 94-331, 94-336, 95-350, 95-353, 95-366, 97-410, 97-412, 97-426, 97-431, 2001-508, 2003-563, 2003-573, 2003-574, 2004-588, 2006-656, 2007-660, 2008-680, 2009-692, 2009-700, 2009-706, 2010-714, 2010-717, 2010-718, 2013-756, 2013-760, 2013-762, 2018-830, 2018-832, 2019-847, 2019-848 and 2019-850.
3.42.010 Purpose.
The purpose of this chapter is to establish a unified framework for the imposition, collection, and administration of all fees authorized in the Mill Creek Municipal Code. This chapter is intended to promote consistency, transparency, and efficiency in the fee assessment, collection, and recovery process. By consolidating all such provisions in one location, this chapter facilitates convenient reference, encourages consistent practices across departments, and supports equitable cost recovery for municipal services and regulatory activities. (Ord. 2025-943 § 2 (Exh. A); Ord. 2014-784 § 1 (Exh. A); Ord. 2004-594 § 1)
3.42.020 Scope.
A. General Applicability. This chapter applies to all fees authorized by the city in the municipal code. The omission of a specific fee from this chapter does not relieve any person or entity of the obligation to pay any fee required elsewhere in the municipal code.
B. Additional Authority. Nothing in this chapter limits the city’s authority to establish or charge additional fees as authorized by law or other chapters of the municipal code.
C. Conflicts With Other Chapters. If another chapter of the municipal code establishes a different procedure for calculation, payment, appeal, or dispute of a particular fee, that specific procedure governs that fee. (Ord. 2025-943 § 2 (Exh. A))
3.42.030 Definitions.
A. Rule of Construction. If a fee or other assessment specified in this chapter is required by another chapter of the municipal code, any definitions used for that fee have the same meaning as in the chapter of the municipal code where the fee is required, unless this chapter specifically provides otherwise.
B. For purposes of this chapter, the following definitions apply.
“Applicant” means the person or entity that submits an application, request, or proposal that gives rise to a fee under this chapter.
“City manager” means the city manager of the city of Mill Creek or the city manager’s designee.
“Consultant” means any third-party professional, including but not limited to engineers, planners, architects, surveyors, attorneys, or other technical specialists, retained by the city to provide review, analysis, or other services related to an application or action under the municipal code.
“Development code” means MCMC Titles 14 through 18.
“Director” means the director of community development, finance, or public works or the director’s designee, as the context indicates. If none of these positions is applicable to the matter, “director” means the city manager or the city manager’s designee.
“Fee” means and includes any fee, assessment, cost, charge, penalty, payment, reimbursement, monetary sum or the like payable to the city as required by the municipal code. (Ord. 2025-943 § 2 (Exh. A); Ord. 2018-827 § 2; Ord. 2014-784 § 1 (Exh. A); Ord. 2004-594 § 1. Formerly 3.42.020)
3.42.040 Recovery of costs authorized.
A. Administrative Costs. In addition to the fees specified in this chapter, the director may keep account of administrative time, costs, and expenses incurred in reviewing or processing any application or in taking any other action authorized or required by the municipal code. If the director determines such expenditures significantly exceed the applicable fee, or where no fee is applicable, the director may bill the applicant for the actual administrative time, costs, and expenditures.
B. Master Development Plan Costs. In addition to the fees specified in this chapter, the director may keep account of all administrative time, costs, and expenses expended in developing, reviewing, and implementing master development plans required by MCMC Title 17. The director may charge the applicant for development of any parcel of land, or portion thereof, governed by a master development plan, a fee for such administrative time, costs and expenses in the amount equal to the proportionate amount of land within the master development plan area that the applicant seeks to develop.
C. Consultant’s Fees. In addition to the fees specified in this chapter, the director may determine that consultant services are necessary when the city lacks the required professional expertise to complete a review required by the municipal code. In such cases, the applicant must reimburse the city for the direct cost of these consultant services.
D. Attorneys’ Fees and Costs. Attorneys’ fees and related costs and expenses are included within subsections A through C of this section if they arise out of or relate to:
1. Document review or other action directly required to review or issue an approval, permit, or license;
2. Any nuisance violation or abatement set forth in the municipal code; or
3. Administrative hearing expenses, litigation expenses and the cost of preparing any specific records required for such actions.
E. Hearing Examiner Costs. The fee charged to an applicant, proponent, or appellant for an action before the examiner is the actual cost of the examiner’s services, including the examiner’s time, outside costs (e.g., court reporter services), and other direct costs incurred in handling the matter. If an appellant fully prevails on the issues presented in an appeal to the hearing examiner of an administrative decision, the appellant is not required to pay the cost of the examiner’s services.
F. Deposits. The director may require applicants to deposit an amount reasonably estimated to cover the anticipated costs in subsections A through E of this section to ensure full reimbursement to the city. (Ord. 2025-943 § 2 (Exh. A); Ord. 2014-784 § 1 (Exh. A); Ord. 2004-594 § 1. Formerly 3.42.030)
3.42.050 Fees, deposits, and refunds.
A. Payment Required in Advance. Applicants shall pay all fees and deposits in full and in advance unless otherwise specified. The city does not take any action until the required fees and deposits have been paid unless authorized by the city manager.
B. Deposits. Deposits are refundable only when all of the following conditions are met:
1. The depositor has complied with all conditions of the action for which the deposit was required;
2. The depositor has submitted a written request to the city clerk seeking return of the deposit; and
3. The written request is received by the city clerk within 60 days following satisfaction of all conditions of the action for which the deposit was required, but in no event later than 60 days after final approval or acceptance, final permit issuance, or termination date of the permit or action for which the deposit was required. If the depositor fails to request refund of a deposit as specified above, the deposited funds are subject to forfeiture as provided by Chapter 63.30 RCW.
C. Nonrefundable Fees. All fees are nonrefundable unless otherwise specified.
D. Overpayments and Fees Charged in Error. If the city determines that an applicant has overpaid a fee or was charged a fee in error, the city may either credit the overpayment to other amounts due from the same applicant or refund the overpayment upon written request submitted to the city clerk within 60 days of payment. (Ord. 2025-943 § 2 (Exh. A); Ord. 2014-784 § 1 (Exh. A); Ord. 2006-633 § 2; Ord. 2004-594 § 1. Formerly 3.42.045)
3.42.060 Dispute resolution.
The city manager resolves any disputes involving fees. To request resolution of a fee dispute, a written request must be submitted within 30 days after payment of the fee. The city manager must issue a written determination within 30 days of receiving the request. The decision of the city manager is final. (Ord. 2025-943 § 2 (Exh. A))
3.42.070 Fees established by resolution.
A. Incorporation by Reference. Fees or schedules of charges adopted or amended by resolution of the city council are authorized and incorporated herein by reference.
B. The city clerk shall maintain a schedule of all current city fees and post it on the city’s website for public reference. (Ord. 2025-943 § 2 (Exh. A))
3.42.080 Administrative procedures.
The city manager may adopt, and revise from time to time, administrative procedures, forms, and guidelines to implement this chapter, including but not limited to billing practices, deposit requirements, and internal controls. (Ord. 2025-943 § 2 (Exh. A))
3.42.090 Appeal fees.
A. Chapter 6.20 MCMC. Appeal fee under Chapter 6.20 MCMC: $0.00.
B. Chapter 12.16 MCMC. Appeal fee under MCMC 12.16.170 and 12.16.1420: $250.00.
C. Chapter 14.11 MCMC. Appeal fees under Chapter 14.11 MCMC:
1. Administrative determinations: $100.00.
2. Administrative decisions: $250.00.
3. SEPA determination of significance: $250.00.
4. Design review board decisions: $500.00.
5. SEPA determination of nonsignificance/mitigated determination of nonsignificance: $500.00.
6. Hearing examiner decision, which is appealable to the city council: $500.00.
7. Initial appeal of notice of violation or civil fine: $0.00.
8. Administrative decision regarding a macro wireless communication facility application: $500.00.
9. Administrative decision regarding small wireless facility permit application: $500.00. (Ord. 2025-943 § 2 (Exh. A))