ORD 92-24 IMPOSITION OF FEESORDINANCE NO. 92- 24
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the imposition of fees by the City; amending
sections 2.20.100, 9.08.010, 12.32.070, 15.04.100 and 15.08.290
of the Bainbridge Island Municipal Code; adding new
sections 13.16.015, 15.08.285, 17.04.070, 17.04.185, 17.12.155,
17.16.065 and 17.16.135 to the Bainbridge Island Municipal Code;
and adding a new chapter to Title One of the Bainbridge Island
Municipal Code.
WHEREAS, the City desires to charge fees for services provided by the City; now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN as follows:
Section 1. There is added to the Bainbridge Island Municipal Code a new section
17.16.135 to read as follows:
17.16.135 Final large lot subdivision application fee. Upon submittal of the final
large lot subdivision application, the applicant shall pay the appropriate fee as
established by the City by resolution.
Section 2. There is added to the Bainbridge Island Municipal Code a new section
17.12. 155 to read as follows:
17.12.155 Final short subdivision application fee. Upon submittal of the final
short division application, the applicant shall pay the appropriate fee as
established by the City by resolution.
Section 3. There is added to the Bainbridge Island Municipal Code a new section
17.04.185 to read as follows:
17.04.185 Final plat fee. Upon submittal of the final plat application, the
applicant shall pay the appropriate fee as established by the City by resolution.
Section 4. There is added to the Bainbridge Island Municipal Code a new section
17.16.065 to read as follows:
17.16.065 Preliminary large lot subdivision application fee. Upon submittal of
the preliminary large lot subdivision application, the applicant shall pay the
appropriate fee as established by the City by resolution.
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Section 5. There is added to the Bainbridge Island Municipal Code a new section
17.04.070 to read as follows:
17.04.070 Preliminary plat application fee. Upon submittal of the preliminary
plat application, the applicant shall pay the appropriate fee as established by the
City by resolution.
Section 6. Section 15.08.290 of the Bainbridge Island Municipal Code is amended as
follows:
15.08.290 Variances - Procedures.
A,
Any person feeling aggrieved by any decision of the City Engineer as to
the application of the provisions of this Chapter may petition for a
variance therefrom. All petitions for variances from the provisions of this
Chapter shall be filed with the City on forms provided and shall be
accompanied by a filing fee as established by the City by resolution.
Within thirty days after receipt thereof, the City shall refer the matter to
the hearing examiner for a public hearing. Upon completion of the public
hearing, the hearing examiner shall make findings, conclusions and a
decision on the petition. In those instances where the decision of the City
Engineer is upheld, the hearing examiner shall have the discretion to
assess the petitioner the actual cost of the public hearing.
Any decision of the hearing examiner shall be final unless within ten days
after filing the decision, the decision is appealed to the City Council.
Upon the filing of any notice of appeal, the decision of the hearing
examiner, together with the complete record thereof, shall be transmitted
to the City Council which shall at a public meeting, either regularly
scheduled or specially called, within thirty days after filing of the notice
of appeal, review the decision of the hearing examiner. The City Council
may affirm, disaffirm, and modify or refer back for further proceedings
any decision of the hearing examiner. Any decision of the City Council
shall be final unless an adverse party, within ten days after such decision
is made, makes application to the Superior Court for the county for writ
of certiorari, a writ or prohibition, or a writ of mandamus. All costs of
copying documents and transcribing the proceedings shall be paid for by
the appellant.
Section 7. Section 12.32.070 of the Bainbridge Island Municipal Code is amended as
follows:
12.32.070 Fee. The applicant shall pay an appropriate fee as established by the City of
resolution at the time of application.
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Section 8. There is added to the Bainbridge Island Municipal Code a new section
13.16.015 to read as follows:
13.16,015 Miscellaneous utility fees.
The City shall charge an appropriate fee in an amount established by the City by
resolution for the following utility related services:
1. Notice of turn-off;
2. Seasonal turn-off;
3. Restoration of service;
4. Notice of delinquency;
5. Bill to person other than property owner;
6. Transfer of ownership; and
7. New account service.
Whenever any person turns on utility service which has not been authorized by
the City, the person shall pay a fee in the amount established by the City by
resolution.
Section 9. Section 15.04.100 of the Bainbridge Island Municipal Code is amended as
follows:
15.040.100 Fee schedule - Installation of solid fuel burning appliances. The City shall
charge an appropriate fee for processing and issuing a permit for, or for inspecting, a
wood stove or other solid fuel burning appliance in the amount established by the City
by resolution.
Section 10. Section 2.20.100 of the Bainbridge Island Municipal Code is amended as
follows:
2.20.100 Deferral and suspension of sentences.
After a conviction, the court may defer sentencing and place the defendant on
probation and prescribe the conditions thereof, but in no case shall it extend for
more than two years from the date of conviction. Any defendant placed on
probation shall pay a fee to the City in the amount established by the City by
resolution. During the time of the deferral, the court may, for good cause
shown, permit a defendant to withdraw the plea of guilty, permit the defendant
to enter a plea of not guilty, and dismiss the charges.
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For a period not to exceed two years after imposition of sentence, the court shall
have continuing jurisdiction and authority to suspend the execution of all or any
part of the sentence upon stated terms, including installment payment of fines.
Deferral of sentence and suspension of execution of sentence may be revoked if
the defendant violates or fails to carry out any of the conditions of the deferral
or suspension. Upon the revocation of the deferral or suspension, the court shall
impose the sentence previously suspended or any unexecuted portion thereof. In
no case shall the court impose a sentence greater than the original sentence, with
credit given for time served and money paid on fine and costs.
Any time before entering an order terminating probation, the court may revoke
or modify its order suspending the imposition or execution of the sentence. If the
ends of justice will be served and when warranted by the reformation of the
probationer, the court may terminate the period of probation and discharge the
person so held.
Section 11. There is added to the Bainbridge Island Municipal Code a new section
15.08.285 to read as follows:
15.08.285 Sign removal - Fee. If the City is required to remove or cause removal of
any sign pursuant to Sections 15.08.260, 15.08.270 or 15.08.280, the City shall charge
the sign owner or land owner a fee in the amount established by the City by resolution.
The fee shall be in addition to any assessment of costs and expenses incurred in the
removal of the sign.
Section 12. Section 9.08.010 of the Bainbridge Island Municipal Code is amended as
follows:
9.08.010 False alarm prohibited. Every person who has the right to possess any
premises with an automatic alarm system shall maintain the system in good repair and
any person failing to do so is guilty of failing to maintain an alarm system. Three false
alarms from any such system in any calendar year shall be prima facie evidence of
failure of the person having the right to possession to comply with this section. If the
City is required to respond to a false alarm, the City shall charge the property owner or
other person having the right to possession of the property a fee in the amount
established by the City by resolution.
Section 13. There is added to Title One of the Bainbridge Island Municipal Code a new
chapter entitled "Fees" to read as follows:
1.28.010 Miscellaneous fees charged.
The City shall charge an appropriate fee in the amount established by the City by
resolution for the following services provided or permits issued by the City:
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2.
3.
4.
5.
6.
7.
8.
9.
10.
11
12.
13
14
15
16.
Boundary line adjustment review;
Bulkheads and seawalls - repairs and new bulkheads;
Forest practices review;
Grading permits;
Clearing permits;
Open space review;
Pre-application conferences;
Public dance permits;
Visa/Citizen/Immigration document processing;
Escheat transaction processing;
Notary services;
Concealed weapons permit duplicates;
House moving permits;
Written reports to escrow companies;
Reports to insurance companies; and
Fingerprint card processing.
The City shall impose an appropriate fee as established by the City by resolution
on any person making or presenting a check, which is later dishonored, for a
payment to the City.
1.28.020 Engineering and other consultant services. Whenever any application is to be
processed, reviewed or inspected by the City, and it is necessary for the City to retain
engineers or other professional consultants to process, review or inspect the application,
the applicant shall pay an appropriate fee to the City as established by the City by
resolution.
1.28.030 Code enforcement fee. Whenever the City is required to act to enforce any
provision of the Code, in addition to any other fines, charges or penalties imposed on the
person committing the violation, the City shall charge the person an appropriate fee as
established by the City by resolution.
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1.28.040 Collection of fees. When a fee charged by the City pursuant to this Code is
not due in full upon submitting the application or requesting the service for which the fee
is charged, the fee shall be collected in the manner established by the City by resolution.
1.28.050 Reduction of land use fees. In cases where the Planning Department has the
authority to waive submittal requirements for applications, and the Department waives
at least one submittal requirement, the Director of Planning and Community
Development may, in the Director's discretion and with the approval of the City
Administrator, reduce the amount of the base fee charged to the applicant for the
application.
Section 14. This ordinance shall take effect and be in force five days from and after its
passage, approval, publication and posting as required by law.
PASSED by the City Council this 6th day of i~n~t~st.
,1992.
APPROVED by the Mayor this
ATTEST/AUTHENTICATE:
Ralph Eells, Clerk-Treasurer
7th day of Aug'ust , 1992.
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: 8-5-92
PASSED BY THE CITY COUNCIL: 8-6-92
PUBLISHED: 8-11-92
POSTED: 8-11-92
EFFECTIVE DATE: 8-16-92
ORDINANCE NO.: 92-24
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