Chapter 3.96
HEARING OFFICER AND REVIEW CONFERENCE FEES

Sections:

3.96.010    Title of ordinance.

3.96.020    Purpose.

3.96.030    Preapplication and administrative review conference defined.

3.96.040    Fee schedule authorized.

3.96.050    Refund for successful appeals.

3.96.010 Title of ordinance.

The ordinance codified in this chapter shall hereinafter be known as the “Administrative Hearing Officer and Pre Application and Administrative Review Conferences Fee Ordinance,” and may be cited as such. (Ord. 581 § 1, 1987)

3.96.020 Purpose.

The purpose of this chapter is to authorize a fee schedule for (1) all land use development permit and appeal hearings which may now or in the future involve the use of an administrative hearing officer, and (2) preapplication and administrative review conferences, and shall further seek to accomplish the following objectives:

A.    Provide a single, efficient and convenient listing of all land use and development permit and appeal fees for the general public and city staff when an administrative hearing officer, preapplication conference, or administrative review conference is to be used;

B.    Provide a greater degree of consistency and equity in setting fees for the use of an administrative hearing officer in similar types of land use development permits and/or appeals;

C.    Collect sufficient revenues to offset the costs incurred by the city in each type of instance where an administrative hearing officer, preapplication conference, or administrative review conference may be used;

D.    Expedite city permit and appeal processing and provide greater convenience to permit and appeal applicants by establishing a fee schedule and arranging for payment of fees at one central city department; and

E.    Collect sufficient revenues to offset a fair share of the costs incurred in utilization of an administrative hearing officer, preapplication conference or administrative review conference. (Ord. 581 § 2, 1987)

3.96.030 Preapplication and administrative review conference defined.

“Preapplication and administrative review conferences” means meetings between city staff and an applicant, or his representative, which is over and above time normally spent by staff in processing an application. (Ord. 581 § 4, 1987)

3.96.040 Fee schedule authorized.

Fees for (A) utilization of an administrative hearing officer in the various types of cases which can now or may in the future involve utilization of an administrative hearing officer, and (B) preapplication conferences or administrative review conferences shall be established by city council pursuant to such periodic resolution as council, from time to time, updates and approves. (Ord. 581 § 3, 1987)

3.96.050 Refund for successful appeals.

In those cases where the city utilizes an administrative hearing officer to conduct an appeal hearing because of the appeal by a permit applicant of some administrative determination with respect to a land use and development issue, when the applicant’s appeal results in the administrative determination being overruled by the hearing officer such that the applicant/appellant is the prevailing party, as determined by the hearing officer, then the appeal fee charged to the applicant/appellant shall be refunded in its entirety. (Ord. 581 § 5, 1987)