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Home My WebLink AboutReg 2006-03-20 Item 8D - Ordinance - Appeal Fees COUNCIL AGENDA SYNOPSIS k J,�.t11LA 1'Y,9s Inztzn /s ITE1INo. 1,-.4) 1 tlleetiig Date P,rpazed by 1 Mayor's /men, 4'onual'mew 1 %vie 02/27/06 1 SL I I r I 03/20/06 SL (G I 1 p t X908 ITEM INFORMATION CAS NUMBER: 06-022 I ORIGINAL AGENDA DATE. 2/27/06 AGENDA ITEM TITLE Appeal Fee Ordinance CATEGORY Dtsctrsszotz it/lotion Resolution Ordinance Bu d Award Public Heating Other Mtg Da 3 -20 -0 AN Date 2/27/06 Mtg Date AN Date AN Date AN Date Alt; Date SPONSOR Council illayor Ad>n Svcs DCD Finance Fizz Legal P&R Police Ply' SPONSOR'S Currently the City pays for all administrative costs associated with appeals. The proposed SUi\LMARY ordinance would allow the City to charge fees for appeals of business license denials, code enforcement appeals and certain land use decisions. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Uti sties Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 2/14/06, 2/27/06 RECOMMENDATIONS: SPONSOR /ADMIN. Approve the ordinance COMMlrrrEE Approve the ordinance as amended COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $-0- $-0- -0- Fund Source: Comments The proposed fees would offset a portion of the City's costs to conduct appeal hearings 1 MTG. DATE I RECORD OF COUNCIL ACTION I 2/27/06 Place on the 3/6/06 agenda (subsequently delayed to 3/20/06 meeting) I 3/20/06 MTG. DATE ATTACHMENTS 3/20/06 I Staff Memo dated 3/1/06 City Clerk's Memo regarding business license appeals Proposed Ordinance 2/27/06 I Staff Memo dated 2/21/06 Proposed Ordinance 2/14/06 CAP Minutes CITY OF TUK"VILA MElVI ORAND UlVI TO. Mayor Mullet Committee of the Whole Steve Lancaster, DCD DIrecto~v-...- March 1, 2006 Appeal Fees FROM: DATE: RE: Issue Whether the City should adopt fee provisIOns for appeals of bus mess lIcense demals, code enforcement appeals and certam land use declSlons. Background Tukwila Municipal Code provides that a party may appeal an administratIve decIsIon to either the hearing examiner or the CIty. Currently the City pays for all admimstratIve costs associated with the appeal including staff time, examiner fees and, when applIcable, the CIty'S legal representation. Heanng examiner appeals cost approximately $500 dependmg on the complexity of the case. The law allows cities to derray administrative costs by Imposing appeal fees. These changes were reviewed by the Commumty Affairs and Parks Committee on February 14, 2006. The Committee asked for addItIOnal mformation about other cities' appeal fees and proposed that for successful code enforcement appeals only the fee would be refunded to the appellant. The COW revIewed the proposed ordmance on February 27,2006 and placed It on the March 6, 2006 agenda for adoptIOn (this was later delayed to the March 20th meeting). Discussion Attached please find a proposed ordinance, whIch includes fee provisIOns for appeals of bus mess lIcense denials, code enforcement actIOns and land use decIsions. The busmess lIcense appeal fee is $250. This amount represents a portIOn of the City's admmIstratIve costs, as estImated by the City Clerk. The code enforcement appeal fee is $100 in the LDR zone and $200 In all other zones. The reason for the difference in amounts IS that generally more administrative costs are involved in non-residentIal code enforcement actIOns. The land use appeal fees are specIfied In the Department ofCommumty Development's Land Use Fee Schedule. Number of appeals In 2005: BusIness License' Code Enforcement: Land Use: Zoning Code InterpretatIOn' 1 7 (1 settled prIor to hearIng) 1 settled prIor to hearIng 3 (1 wIthdrawn) Q;\.CODEAMND\CA Zoning Changes\Appeal fees to CC.doc!r!03i1-!;06 Appeal fees charged by other south county jUrISdIctIOns: Appeal Type Burien Kent Federal Renton SeaTac Average Way Appeal of Administrative Decision $100 $200 $14850 $75 $100 $12470 Code Enforcement/Building Code Appeal $100 $10000 \ SEPA Appeals $200 $104 $75 $100 $11975 Short Plat Appeal $200 $200 00 Appeal Hearing Cancellation Fee $10 $1000 Recommendation Adoption of the ordinance. -2- Q.'CODEA\I:-iD\CA Zoning Chongcsl.-\ppeol fees to Cc.doc,r03'I-!.06 CITY OF TUKWILA MEMORANDUM TO: Mayor Mullet Ci ty Councilmembers FROM: Jane Cantu, City Clerk DATE: March 14, 2006 RE: Appeal Fees Issue: Should the City adopt fee provisions for appeals of business license denials. Background: Each year approximately 2200 business licenses are issued to businesses located within the corporate limits of the City. In addition to a general business license, some businesses, such as adult entertainers, adult entertainer managers, adult entertainment establishments, cabarets, tow trucks, amusement centers are also required to obtain a specialty license. The fee for a general business license is based upon the number of employees and ranges from $50 - $200. Fees for specialty licenses vary and are based upon the nature of the business. All licenses are issued based upon a calendar year and expire on December 3pt. Discussion: The proposed appeals fee ordinance includes fee provisions for appeals of business license denials along with code enforcement actions and land use decisions. The proposed business license appeal fee is $250 and is sought to defray some of the administrative costs involved in an appeal procedure. Most hearings involve the presence of the hearing officer, one or more staff persons, the appellant and/or a representative(s). Copies of all city paperwork related to the license denial and appeal is provided to those present. Appeal hearings may last 30 minutes to several hours. For a typical appeal hearing regarding a business license denial (1/2 to 1 hr.), the hearing officer fees alone average Mayor Mullet City Councilmembers March 14, 2006 Page 2 approximately $200-$300. Staff time and city attorney time varies depending upon the issue. Zoning issues, failure to obtain proper permits, home occupation issues, failure to disclose convictions, giving false information on the application form, are examples of typical non-compliance issues that result in a license denial. During 2005, we received four appeals; however, in three of the four cases, DCD staff was able to help the appellant corne into compliance prior to the date of the hearing. Recommendation Adoption of the ordinance. City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS SECTIONS OF THE TUKWILA MUNICIPAL CODE REGARDING APPEAL FEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has determined that there is an administrative cost associated with appeals; and WHEREAS, the City has determined that the appealing party should pay this cost; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 1788 81 (part), as codified at TMC 5.04.112, is hereby amended to read as follows: 5.04.112 Appeal of Notice of Denial, Suspension or Revocation A. Appeals from a Notice of Denial, Suspension or Revocation under this chapter shall be conducted in the same manner as appeals from a "Notice and Order" under Tukwila Municipal Code Chapter 8.45. B. The appeal shall be filed with the City Clerk's Office along with an appeal fee of $250.00. Section 2. Ordinance No. 1838 82 (part), as codified at TMC 8.45.090, is hereby amended to read as follows: 8.45.090 Appeal to Hearing Examiner A. The person incurring the penalty described in a Notice of Violation issued by the Code Enforcement Officer, pursuant to TMC 8 45.050C, may obtain an appeal of the Notice by requesting such appeal within ten calendar days after receiving or otherwise being served with the Notice pursuant to TMC 8.45.050. When the last day of the period so computed is a Saturday or Sunday, or a Federal or City holiday, the period shall run until 4.30 PM the next business day The request shall be in writing and include the applicable appeal fee. Upon receipt of the appeal request, the Code Enforcement Office shall schedule an appeal hearing before the Hearing Examiner. Notice of the hearing shall be sent to the appellant and/or the person(s) named on the Notice of Violation under the procedures described in TMC 8.45.050D, or as may be otherwise requested by the appealing party B. The appeal fee for a Notice of Violation in an LDR zone shall be $100.00, and in all other zones shall be $200.00. C. At or after the appeal hearing, the Hearing Examiner maY' 1. Sustain the Notice of Violation, 2. Withdraw the Notice of Violation, 3. Continue the review to a date certain for receipt of additional information, or C:\Documents and SetlingsWI Users\DesktoplKellj'\,\1SDA T AIOrdinances\Appeal Fees.doc NG:kn 311712006 Page 1 of3 4. Modify the Notice of Violation, which may include an extension of the compliance date. D The Hearing Examiner shall issue a written decision within 14 days of the date of the completion of the review and shall cause the same to be sent to the person(s) named on the Notice of Violation under the same procedures described in TMC 8.45.050D or as otherwise directed by the appealing party E. The decision of the Hearing Examiner shall be final and conclusive unless appealed. In order to appeal the decision of the Hearing Examiner, a person with standing to appeal must file a land use petition, as provided in RCW 36.70C, within 21 days of the issuance of the Hearing Examiner's decision. The cost for transcription of all records ordered certified by the superior court for such review shall be borne by the appellant. Section 3. Ordinance Nos, 1758 91 (part), 1770 962, and 179693 (part), as codified at TMC 18.90.010, are hereby amended to read as follows: 18.90.010 Appeals From Decisions or Interpretations of the Director A. Any person aggrieved by any interpretation of this title by the Director may appeal the Director's interpretation to the Hearing Examiner Any such appeal shall be a Type 2 decision and shall be processed pursuant to TMC 18.108.020. B. At the time the appeal is filed, the appealing party shall pay an appeal fee pursuant to the fee schedule. Section 4. Ordinance Nos. 1768 95 (part) and 1847 94, as codified at TMC 18.116.010, are hereby amended to read as follows: 18.116.010 Time for Filing Appeal A. Except for shoreline permits that are appealable to the State Shorelines Hearings Board, all notice of appeal of Type 2 land use decisions and Type 4 decisions made by the Board of Architectural Review or Planning Commission shall be filed within 14 calendar days from the date of issuance of the Notice of Decision; provided that the appeal period shall be extended for an additional seven calendar days if the project involves anyone or more of the following situations: 1. There is another agency with jurisdiction as defined in WAC 197-11-714(3). 2. The project involves the demolition of any structure or facility that is not categorically exempt under WAC 197-11-800(2)(f) or 197-11-880. 3. The project involves a clearing or grading permit not categorically exempt under WAC 197-11 - 800 through 197-11-880. 4. A Mitigated Determination of Nonsignificance was issued for the project pursuant to WAC 197-11-350. 5. A Declaration of Significance for the project has been withdrawn pursuant to WAC 197-11-360(4) and replaced by a Declaration of Nonsignificance. B. All notices of appeal shall be submitted along with an appeal fee pursuant to the fee schedule. C. Any appeal from a code interpretation issued by the Director shall be filed within 14 days of the date of issuance of a final code interpretation by the Director D All notices of appeal of Type 1 decisions issued by City administrators shall be filed within 14 days of the date of the issuance of a final decision of a City administrator E. Except as specifically provided in this chapter, no administrative appeals are permitted or required for Type I, 2, 3, 4, or 5 land use decisions. C:\Documents and SettingsWI Users\Desk"top\KellyIMSDATAIOrdinances\Appeal Fees.doc NG:kn 31\712006 Page 2 of 3 Section 5. Ordinance Nos. 1331 825, 1344 811 and 1770 885, as codified at TMC 21.04.280 are hereby amended to read as follows: 21.04.280 Appeals A. In the event that the Department issues a Mitigated Determination of Non- Significance (MDNS), any party of record may file an appeal challenging either the conditions, which were imposed, or the failure of the Department to impose additional conditions. No other adrrllnistrative SEP A appeal shall be allowed. B. At the time the appeal is filed, the appealing party shall pay an appeal fee pursuant to the fee schedule. C. All appeals filed pursuant to this section must be filed in writing with the Department within 14 calendar days of the date of the decision appealed from. D. All appeals pursuant tb this section shall be consolidated with the public hearing on the merits of a Type 3, 4 or 5 decision. In the event that an appeal related to a Type 2 decision is filed pursuant to this section, such appeal shall be consolidated with an appeal on the merits of the application. No appeals pursuant to this section shall be permitted for proposals which involve only Type 1 decisions. E. The substantive and procedural determination by the City's responsible official shall carry substantial weight in any appeal proceeding. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This orcUnance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of . 2006. ATTEST/AUTHENTICATED' Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY. Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney C:\Documents and SettingslAlI Users\Des~"top\Kell}'\MSDATA\OrdinanceslAppea1 Fees.doc NG:ktt 3/1612006 Page 3 of3