019-08 - Resolution - Establishing Amounts for Hearing Examiner FeesRESOLUTION NO. 019-08
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
ESTABLISHING AMOUNTS FOR HEARING EXAMINER FEES.
WHEREAS, the City of Port Orchard is responsible for implementing land use
regulations, planning and public works requirements, and other administrative duties related to
public hearings; and
WHEREAS, there are costs associated with the implementation of City
regulations and policies related to public hearings; and
WHEREAS, on December 19, 2007 the City Council passed Ordinance No. 046-
07 for the purpose of establishing a Land Use Regulatory Code and creating a new Title 16 in
the Port Orchard Municipal Code; and
WHEREAS, on December 19, 2007 the City Council passed Ordinance No. 047-07
for the purpose of creating a hearing examiner position for certain land use matters and adding
a new chapter 2.76 to the Port Orchard Municipal Code; and
WHEREAS, on February 29, 2008 the Port Orchard Finance Committee reviewed
and recommended approval to City Council of a Hearing Examiner Fee 1-Year Pilot Proposal, for
the purpose of establishing Hearing Examiner fees for certain land use and administrative
matters and evaluating the proposed fee structure at the end of 2008; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON
HEREBY RESOLVES AS FOLLOWS:
Section 1. Hearing Examiner fees for development permits or approvals for a
Single Family Residence or Home Occupation permit shall be a $700.00 fixed fee
to be collected at time of application.
Section 2. Hearing Examiner fees for all other projects reqUinng an open
record hearing shall be the Hearing Examiner's actual costs in addition to a
$250.00 administrative fee.
a. A $2,500.00 deposit is required at time of application.
b. Upon issuance of the Hearing Examiner's decision, the Hearing
Examiner's final invoice will be transmitted to the applicant.
c. Hearing Examiner fees will be secured from the deposited amount and
any remainder, refunded to the applicant at the end of the appeal period.
d. Hearing Examiner fees in excess of the deposit amount will be billed to
the applicant, and preliminary approval of the project will be conditioned, subject
to payment of outstanding Hearing Examiner fees.
Section 3. Hearing Examiner's fees for appeals of administrative decisions
shall be the Hearing Examiner's actual costs in addition to a $700.00
administrative appeal fee.
Resolution No. 019-08
Page 2 of 2
a. The appellant shall pay the $700.00 administrative appeal fee upon
submission of the notice of appeal.
b. The appellant shall pay the Hearing Examiner's actual costs unless the
Hearing Examiner reverses the administrative decision. If the appellant is the
project applicant, the Hearing Examiner's fees will be billed to the appellant, and
preliminary approval of the project will be conditioned, subject to payment of
outstanding Hearing Examiner fees.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 25:~ ~~~;~r::~J_;>/
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