Loading...
Ordinance No. 2022-15 Relating to the Correction of Certain City Fees (Adopted 071222)Page 1 of 3 ORDINANCE NO. 2022-15 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to corrections to certain City fees; amending Ordinance No. 2022-05; repealing BIMC 1.28.035; and amending BIMC 13.24.130. WHEREAS, RCW 82.02.020 authorizes the collection of reasonable fees to cover the costs to the City for certain activities; and WHEREAS, on March 22, 2022, the City Council enacted Ordinance No. 2022-05 relating to the process of updating certain fees and charges, amending and retitling BIMC 15.04.050, expressly authorizing the City Council to update fees and charges by resolution, providing for an annual adjustment of all City fees based on the U.S. Consumer Price Index (“CPI”), and relocating a fee contemplated in BIMC 15.04.100; and WHEREAS, Section 4 of Ordinance No. 2022-05 specifies that all fees or charges levied by the City shall be subject to adjustment each year equal to the annual percentage increase in the United States Consumer Price Index, Seattle area (CIP-U), for June of the preceding year as shown in the release from the Bureau of Labor Statistics; and WHEREAS, the City Council finds that BIMC 15.30.140 already contains an adequate method for updating the City’s transportation impact fees, and therefore such fees should not be subject to Section 4 of Ordinance No. 2022-05; and WHEREAS, on March 22, 2022, the City Council enacted Resolution No. 2022-06, which updated certain fees in the City’s Fee Schedule; and WHEREAS, BIMC 1.28.035 specifies an hourly rate and a third-party charge different from that adopted by Resolution No. 2022-06, and therefore BIMC 1.28.035 should be repealed to ensure consistency related to such charges; and WHEREAS, Section 3 of Ordinance No. 2022-05 specifies that any fee or charge levied by the City may be adopted or amended by resolution of the City Council; and WHEREAS, BIMC 13.24.130 specifies that storm and surface water utility charges shall be adopted by ordinance, so a revision to BIMC 13.24.130 is necessary to allow such charges to be adopted by resolution rather than by ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Repealer. Section 1.28.035 of the Bainbridge Island Municipal Code is hereby repealed in its entirety, as follows: 1.28.035 Hourly rate. Page 2 of 3 A. In all sections of the city’s fee schedule, adopted by resolution and as amended, that specify an hourly rate shall be charged, the city shall charge the hourly rate established in this section for all staff time spent on the permit, approval, or other action covered by the fee schedule. The hourly rate shall include overhead and direct costs related to the permit, approval, or action (such as posting, publication, and mailing of notices) but shall not include amounts charged by third parties to the city (such as legal costs, engineering services, or other consulting charges from individuals or firms pursuant to contracts with the city). In addition to the hourly rate charge, applicants for permits, approvals, or other actions for which the hourly rate charge is imposed shall pay to the city 110 percent of amounts charged to the city by third parties in connection with the permit, approval or action. B. The hourly rate shall cover the full cost of the regulatory function of processing land use applications for the year prior to the imposition of the rate, excluding the costs of long range planning and policy formulation, less a taxpayer contribution. Different taxpayer contributions may be applied to different types of permits. Unless a taxpayer contribution is approved for a specific period, the taxpayer contribution shall be zero. Specific periods shall not exceed one year. C. The city council shall review the hourly rates imposed by the city periodically as needed but at least once in every three years. The review may include the method and amount of the rate calculation, the amount of the taxpayer contributions, and the permits, approvals, and actions for which hourly fees are charged. D. An applicant that is aggrieved by the number of hours charged to a particular permit, approval, or action may appeal the amount charged to the hearing examiner. The decision of the hearing examiner shall be final. E. The city’s hourly rate charge shall be $180.00 per hour. Section 2. Section 4 of Ordinance No. 2022-05 is amended as follows: All fees or charges levied by the City pursuant to the authority vested in state law, including RCW 82.02.020, shall be subject to an adjustment beginning with the first full billing period of 2023 and each year thereafter equal to the annual percentage increase in the United States Consumer Price Index, Seattle area (“CPI-U”) for June of the preceding year as shown in the release from the Bureau of Labor Statistics, except as specified in BIMC 15.30.140 for transportation impact fees, unless the City Council determines by December 31st of any year that the adjustment shall be another amount or shall not occur for the next year. The City’s Finance Director is responsible for the adjustment process. Section 3. Chapter 13.24.130 of the Bainbridge Island Municipal Code is hereby amended as follows: Pursuant to the rate policy set forth in BIMC 13.24.070, and in accordance with the basis for a rate structure set forth in BIMC 13.24.110, there is levied upon all developed real Page 3 of 3 property within the boundaries of the utility storm and surface water utility service charges which shall be collected from the owners of such properties at a charge per ISU that shall be adopted by ordinanceresolution and published in the city’s combined fee schedule. The minimum charge will be one ISU per developed property, unless otherwise noted in this chapter. Section 4. Should any section, paragraph, sentence, clause, or phrase of this ordinance conflict with the terms of any prior ordinance or resolution, including terms related to fee or charge adjustments, the terms of this ordinance shall control. Section 5. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect and be in force five (5) days from its passage and publication as required by law. PASSED by the City Council this 12th day of July, 2022. APPROVED by the Mayor this 12th day of July, 2022. Joe Deets, Mayor ATTEST/AUTHENTICATE: Christine Brown, MMC, City Clerk FILED WITH THE CITY CLERK: July 8, 2022 PASSED BY THE CITY COUNCIL: July 12, 2022 PUBLISHED: July 22, 2022 EFFECTIVE DATE: July 27, 2022 ORDINANCE NUMBER: 2022-15