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from that adopted by Resolution No. 2022-06, and therefore BIMC 1.28.035 should be repealed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repealed in its entirety, as follows: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.
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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
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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