HomeMy WebLinkAbout5715ORDINANCE NO. 5 7 1 $
AN ORDINANCE of the City Council of the City of Auburn,
Washington, providing for amendment to the City of Auburn
Fee Schedule, and amending Sections 2.09.020, 2.09.025,
2.72.330, 2.72.331, 2.78.010, 2.78.020, 3.32.010, 3.76.010,
12.56.046, 15.08.020, 15.36.010 and 15.36.020 of the
Auburn City Code, and creating new Sections 15.08.045 and
15.38.045 of the Auburn City Code, relating to City fees and
charges
WHEREAS, in connection with the municipal functions and operations of the City
of Auburn, the City provides various public services, a number of which entail fees; and,
WHEREAS, the City Council provided for adoption of a City of Auburn Fee
Schedules in the adoption of Ordinance No. 5707; and,
WHEREAS, in the course of reviewing City fees, and in keeping with the
philosophy of setting City fees in amounts reflective of actual costs, and in further
keeping with the intent to make City fees and charges consistently accessible, it is
appropriate to revise and amend the fees and charges for Planning & Land Use
applications and activities, and to further consolidate City fees and charges.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN, as follows:
SECTION ONE. AMENDMENT TO CITY OF AUBURN FEE SCHEDULE.
The Fee Schedule of the City of Auburn is amended to include and provide for
the fees and charges for Planning & Land Use applications and activities, and for other
areas of municipal activity of the City, and the City of Auburn Fee Schedule is updated
with the inclusion of the fees as set forth on the document attached hereto, marked as
Exhibit "A" and incorporated herein by this reference.
SECTION TWO. AMENDMENT TO CITY CODE.
That Section 2.09.020 of the Auburn City Code, regarding City Clerk fees, is
amended to read as follows:
Ordinance No. 5715
November 21, 2002
Page I
2.09.020 Fees for public records - Collection.
The city clerk shall collect the ~""'""="-- '
.......... ~ pubhc records fees as established in the
City of Auburn Fee Schedule.fcr thc ~......m..~.... ,~..om,...,..,~ ..~..~ , ,,,..
................. ~ ..............
B Fcr *~'" ....m~:,...,:.... cf ....... hi[ ...... ~1 of thc ":*"
........... .~ v, ~.-,. pc§c ......... copy;
~,~,4:+:..,...i ¢..,...¢ cn ~n * ..... ~...,4.~:*:..,..~1 .... (Ord 3919 § 1, 1983; Ord. 2792 § 1,
1974; 1957 code § 1.48.010.)
SECTION THREE. AMENDMENT TO CITY CODE.
That Section 2.09.025 of the Auburn City Code, regarding City Clerk fees, is
amended to read as follows:
2.09.025 Fees for copy of Auburn City Code book and supplements.
For the furnishing of a copy of the Auburn City Code book with the latest
supplement, a fee ef-~as established in the City of Auburn Fee Schedule, per
code book. Supplements to the Auburn City Code book will be furnished for a fee ef
$9.50 as established in the City of Auburn Fee Schedule, per copy. Fees shall be paid
to the city clerk prior to the requestor receiving a copy of the Auburn City Code book or
supplement. This section may be amended in the future by a fee resolution. A council
person shall be allowed to have one copy of the code during term of office at no cost.
(Ord. 4726 § 1, 1995.)
SECTION FOUR. AMENDMENT TO CITY CODE.
That Section 2.72.330 of the Auburn City Code, regarding cemetery fees, is
amended to read as follows:
2.72.330 Marker setting by private parties.
............................................ ' ....."~'~"+"' thc The marker
setting fees --+"~-';~-~'~ ~-~" ~-- ~--,~ .... '~" .... * ..... {" +~' ....... + "~ $40 GO for sett{ng
of markers by private parties shal{ be as estab{ished in the Citv of Auburn Fee
Schedule. AnY such private party will have to meet the cemetery specifications on the
border size of the marker and cleanup of the area when finished. The private party will
also be required to have the work signed off by the cemetery coordinator to make sure it
does meet cemetery standards. (Ord. 4485 § 6, 1991; Ord. 3872 § 1, 1983.)
SECTION FIVE. AMENDMENT TO CITY CODE.
That Section 2.72.331 of the Auburn City Code, regarding cemetery fees, is
amended to read as follows:
Ordinance No. 5715
November 21,2002
Page 2
2.72.331 Mountain View Cemetery fees and charges.
The .......... ~ fees and charges ~for services at the Mountain View
Cemetery and shall be as established in the City of Auburn Fee Schedule.tckc '-~'-'-
Scctlc~$ ~ c~d 7 945 990 I ,O~O 1,090
/=-~"~ ~ ' ..... ~'~*~ 2,~80 2,510 2,635 o ~¢¢
Ch~!dran'= P!3ca 235 2(5 255 265
Ol~*~ /,,~ *~ 4 ..... ~ 4 nnn M .... 2 (99 2,520 2,6~5
~"~'=' '~ ~" ~=~ 560 ¢~n son ~59
~="~ 675 710 745 780
n~..k~ 1 025 ~ nT~ 4 4~n ~ 4.~
~ .....~- 4 ~n ~ ~on 4 ~nn 1,565
! T..,. D .... 1,200 ~ ~nn ! ~'7~ 1,655
O RAi4.41n D .... I onn ~ ~nn I 450 t con
3 I~,1i~1~11~ ID .... 1 200 4 '~.n ~ .~cn ~ con
! T,,,, D .... 2.,100 ~ nnn
2 ~i~, o .... o Ann 2 7~0 o ann ct n4r-.
3 ~a;.~,~.. D .... O Ann 2 7~0 2 900 q nar..
~.~ ..... ~ .... k.~h~. ~i,,..~., 385 405 Ao~ 445
,-..~....4...~ ~ .....~ ~o.. 120 125 130 4~r.
............... · -,-~ 235 245 255 265
x/.~, ,1,/I ;,.,,,,- M .... 79n 755 7ate
Crcmat!cn P!ct 235 2d5 255 270
Ordinance No. 5715
November 21, 2002
Page 3
....... ~ ......... ker
e.,++~,,., Upr!ght ~A .......
D.,,-.,++;,.,. Fee
.......... ~ Flat
D,~,*,*, .`4 ;,.,,-, FCC
...........
,:'_..'" Bur!:!
225 235 245 255
d75 500 525 550
130 135 140 ld5
155 160 170 !80
~n~ ~= 330 345
100 105 1!0 !!5
20 25 25 25
25 26 27 28
295 310 325 340
!50 !60 170 180
40 45 45 45
75 80 85 90
75 80 85 90
No ..... 325 ~n
340 310 325 340
~n ~20 650 =~n
165 175 185 195
140 !45 ~=n ~
20 20 20 20
In nnn
(Ord. 5305 § 1, 1999; Ord. 5229 § 1, 1999.)
SECTION SiX. AMENDMENT TO CITY CODE.
That Section 2.78.010 of the Auburn City Code, regarding fees for permits and
actions, is amended to read as follows:
Ordinance No. 5715
November 21,2002
Page 4
2.78,010 Fees designated in Fee Schedule.
Fees for City Permits and Action shall be as established in the City of Auburn
Fee Schedule On ~"'~ o~+.,. ,~,,. ,~,.,.,;,,,. ,~,.+,. of thc "-'~'-'-',,',-
end $30.99 pcr lot
7~n nn .,,,,~ $50 O0 .....
350.00
$500,00
....... +~" of .... ; .... of ~.~o 2nd
Ordinance No. 5715
November 21, 2002
Page 5
(Ord. 5308 § 1, 1999; Ord. 5161 § 1, 1996; Ord. 5085 § 1, 1998; Ord. 4407 § 2, 1990;
Ord. 4224 § 1, 1987; Ord. 3828 § 2, 1982.)
SECTION SEVEN. AMENDMENT TO CITY CODE.
That Section 2.78.020 of the Auburn City Code, regarding fees for permits and
actions, is amended to read as follows:
2.78.020 Payment required.
Applications for permits and actions as set forth in the City of Auburn Fee
Schedule..*.CO 2.79.9!9 shall not be accepted for filing until the ~bc';c fcc
.......... scheduled fee amounts have been paid to the city. (Ord. 5161 § 1, 1998; Ord.
5085 § 1, 1998; Ord. 3349 § 3, 1978.)
SECTION EIGHT. AMENDMENT TO CITY CODE.
That Section 3.32.010 of the Auburn City Code, regarding Police Department
fingerprint fees, is amended to read as follows:
3.32.010 Designated.
, ,,,-,,- *~,,- .-,~,-,-*~,,,, ,~,,, ~ ,~... ,,,,~, ....... .~m,~,~ . ,~,~ .... ,~,,,, Every
applicant requesting that the Auburn police department take the applicant's fingerprints
shall pay to the city $~.90the fee as established in the City of Auburn Fee Schedule for
each such application; provided, however, such fees shall not be charged where the
taking of the fingerprints is required by the city. (Ord. 5292 § 1, 1999; Ord. 4192 § 1,
1986; 1957 code § 1.49.010.)
SECTION NINE. AMENDMENT TO CITY CODE.
That Section 3.76.010 of the Auburn City Code, regarding jail fees for health
sevices, is amended to read as follows:
3.76.010 Health services.
There is hereby established a fee '-~ ¢~
..... 00 as established in the City of Auburn
Fee Schedule to be collected from persons who are confined in the Auburn City Jail and
request health services. (Ord. 4703 § 1, 1994.)
SECTION TEN. AMENDMENT TO CITY CODE.
That Section 12.56.046 of the Auburn City Code, regarding Airport fees, is
amended to read as follows:
Ordinance No. 5715
November 21,2002
Page 6
12.56.046 Automatic gate electronic cards.
One automatic gate electronic card will be issued to each tenant free of charge.
Any additional electronic cards requested by a tenant are subject to a $25.00fee or
refundable deposit charge as established in the City of Auburn Fee Schedule. A $25.00
replacement fee as established in the City of Auburn Fee Schedule will be assessed
against the tenant for all lost or damaged electronic cards. All electronic cards must be
returned to the airport at the time of lease expiration. (Ord. 5369 § 2, 2000.)
SECTION ELEVEN. AMENDMENT TO CITY CODE.
That Section 15.08.010 of the Auburn City Code, regarding the City's Building
Code, is amended to read as follows:
15.08.020 Section 104 amended - Appeals.
Section 104 of the Uniform Building Code, is amended to read as follows:
A. Appeal to Hearing Examiner.
1. Appointment and Term. In order to hear and decide appeals of orders,
decisions or determinations made by the building official relative to the application and
interpretation of this code, except as provided in Chapter 70.92 RCVV, a hearing
examiner shall be appointed by the Mayor for a period of five years and subject to
confirmation by the Auburn City Council. In the event that the appointed examiner is
unable to perform the duties as hereinafter described, for whatever reason, or in the
event of a vacancy in office, the Mayor shall appoint an examiner pro rem who shall
have the authorities herein provided and shall serve the balance of the hearing
examiner's term.
2. Removal and Qualifications. The examiner or the examiner pro tem may be
removed from office by the mayor with approval by the city council for cause, including
but not limited to malfeasance, misconduct, neglect of duties, unexcused absence,
criticism of public officials or public employees if such criticism is injurious to the
requisite working relationship between hearing examiner and the public official or public
employee to the extent of influencing the public perception of the objectivity of the
hearing examiner, or any other act that is perceived as not in the best interests of the
City. The examiner and the examiner pro tern shall be appointed solely with regard to
their qualifications for the duties of the office which shall include, but not be limited to,
appropriate educational experience such as construction technology and land use law,
interpretation and application of the Uniform Building Code and other technical codes,
and public administration. Wherever feasible, the Mayor shall endeavor to appoint
qualified candidates who reside in the Auburn area.
3. Duties. The examiner pre tern, in the event of the absence or inability of the
examiner to act, shall have all the duties and powers of the examiner. The examiner
shall conduct an appeal hearing as provided herein, enter findings of fact, and
conclusions of law based upon those facts and a decision which is final action subject to
appeal as provided herein.
4. Conflict of Interest. The examiner shall not conduct or participate in any
hearing or decision in which the examiner has a direct or indirect personal interest
which might exert such influence upon the examiner that might interfere with his
Ordinance No. 5715
November 21, 2002
Page 7
decision-making progress. Any actual or potential conflict of interest shall be disclosed
by the Hearing Examiner to the parties immediately upon discovery of such conflict.
Participants in the hearing process have the right, insofar as possible, to have the
examiner free from personal interest or pre-hearing contacts on issues considered by
him/her. It is recognized that there is a countervailing public right to free access to
public officials on any matter. If such personal or pre-hearing interest contact impairs
the examiner's ability to act on the matter, the hearing examiner shall state and shall
abstain therefrom to the end that the proceeding is fair and has the appearance of
fairness, unless all parties agree in writing to have the matter heard by said examiner. If
all parties do not agree and the hearing examiner must abstain, the Mayor shall be
notified and the Mayor shall appoint a hearing examiner pre tem to sit in the hearing
examiner's stead.
5. Freedom from improper Influence. No council member, City official, or any
other person shall attempt to interfere with, or improperly influence the examiner or
examiner pre tempore in the performance of his/her designated duties.
6. Duties of the Examiner - Applications and Decisions. For cases and actions as
prescribed by ordinance, the Examiner shall receive and examine available information,
conduct public hearings, prepare a record thereof, and enter findings of fact,
conclusions based upon those facts, and a decision. As provided herein, such decision
is final action subject to appeal as provided herein.
7. Application of Appeal and Filing Fee.
a. Form of Appeal. Any person receiving a decision or determination made by the
building official relative to the application and interpretation of this code may appeal
such determination or decision under this code by paying the ~- .... u,,.,.~.~,~ ~;,., r~.,,,
~.,-..v.w~/~'~n nq~ filing fee as set forth in the City of Auburn Fee Schedule and filing at the
office of the building official a written application of appeal containing:
1. A heading in the words: "Before the Hearing Examiner of the City of Auburn".
2. A caption reading: "Appeal of Building Official Decision or Determination,"
giving the names of all appellants participating in the appeal.
3. A brief statement setting forth the legal interest of each of the appellants in the
building or the land involved in the determination or decision.
4. A brief statement in ordinary and concise language of the specific action
protested, together with any material facts claimed to support the contentions of the
appellant.
5. A brief statement in ordinary and concise language of the relief sought and the
reasons why it is claimed the protested action should be reversed, modified or
otherwise set aside.
6. The signatures of all parties named as appellants and their official mailing
addresses.
7. The verification (by declaration under penalty of perjury) of at least one
appellant as to the truth of the matters stated in the appeal.
b. The application of appeal shall be filed within 30 days from the date of the
building official's determination or decision; provided, however, that if a building or
structure is in such condition as to make it immediately dangerous to the life, limb,
property or safety of the public or adjacent property and is ordered vacated, such
Ordinance No. 5715
November 21, 2002
Page 8
application of appeal shall be filed within 10 days from the date of the building official's
decision or determination.
8. Processing Application of Appeal. Upon receipt of any application of appeal
filed pursuant to this section together with the m,,,,, ,,,,,,,~,~..~ ~;~,,. n,,,~./e'~n nn~ filinn
fee in the amount as set forth in the City of Auburn Fee Scheduln~ the building official
shall within two (2) working days of receipt of an application determine whether the
application is complete. If complete, the application shall be accepted. If not complete,
the building official shall request that the applicant provide additional information as
necessary to complete the application. The applicant shall be advised of the date of
acceptance of the application.
9. Scheduling and Noticing Appeal for Hearing. As soon as practicable after
acceptance of the written application of appeal, the examiner shall fix a date, time and
place for the hearing of the appeal. Such date shall be not less than 10 days nor more
than 90 days from the date the application of appeal was filed with the building official.
Written notice of the time and place of the hearing shall be given at least 10 days prior
to the date of the hearing to each appellant by the examiner either by causing a copy of
such notice to be delivered to the appellant personally or by mailing a copy thereof,
postage prepaid, addressed to the appellant at his address shown on the appeal.
10. Effect of Failure to Appeal. Failure of any person to file an appeal in
accordance with provisions of this section shall constitute a waiver of any right to an
administrative hearing and adjudication of the building official's decisions or
determinations.
11. Scope of Hearing on Appeal. Only those matters or issues specifically raised
by the appellant shall be considered in the hearing of the appeal.
12. Hearing Procedures:
a. Record. A record of the entire proceedings shall be made by tape recording or
by any other means of permanent recording determined to be appropriate by the
examiner.
b. Reporting. The proceedings at the hearing shall also be reported by a
phonographic reporter if requested by any party thereto. A transcript of the proceedings
shall be made available to all parties upon request and upon payment of the fee
prescribed therefor. Such fees may be established by the examiner, but shall in no
event be greater than the cost involved.
c. Continuances. The examiner may grant continuances for good cause shown.
d. Oaths - Certification. In any proceedings under this section, the examiner has
the power to administer oaths and affirmations and to certify to official acts.
e. Reasonable Dispatch. The examiner shall proceed with reasonable dispatch to
conclude any matter before it. Due regard shall be shown for the convenience and
necessity of any parties or their representatives.
f. Notice of Hearing. The notice to appellant shall be substantially in the following
form, but may include other information:
"You are hereby notified that a hearing will be held before (name of hearing
examiner) at on the day of , 20 at the hour of
, upon the notice and order served upon you. You may be presen'~ at the hearing.
You may present any relevant evidence and will be given full opportunity to cross-
Ordinance No. 5715
November 21, 2002
Page 9
examine all witnesses testifying against you. You may request the issuance of
subpoenas to compel the attendance of witnesses and the production of books,
documents or other things by filing an affidavit therefor with (name of hearing
examiner)."
g. Subpoenas.
1. The examiner may issue subpoenas for the attendance of witnesses or the
production of other evidence at a hearing upon the written demand of any party. The
issuance and service of such subpoena shall be obtained upon the filing of an affidavit
therefor which states the name and address of the proposed witness; specifies the
exact things sought to be produced and the materiality thereof in detail to the issues
involved; and states that the witness has the desired things in his possession or under
his control. A subpoena need not be issued when the affidavit is defective in any
particular.
2. Penalties. Any person who refuses without lawful excuse to attend any hearing
or to produce material evidence in his possession or under his control as required by
any subpoena served upon such person as provided for herein shall be guilty of a
misdemeanor punishable as provided in ACC 1.24.010. h. Conduct of Hearing.
1. Rules. Hearings need not be conducted according to the technical rules
relating to evidence and witnesses.
2. Oral Evidence. Oral evidence shall be taken only on oath or affirmation.
3. Hearsay Evidence. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but shall not be sufficient in itself to
support a finding unless it would be admissible over objection in civil actions in courts of
competent jurisdiction in this state.
4. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the
type of evidence on which responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or statutory rule which
might make improper the admission of such evidence over objection in civil actions in
courts of competent jurisdiction in this state.
5. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be
excluded.
6. Rights of Parties. Each party shall have these rights among others:
(a) To call and examine witnesses on any matter relevant to the issues of the
hearing;
(b) To introduce documentary and physical evidence;
(c) To cross-examine opposing witnesses on any matter relevant to the issues of
the hearing;
(d) To impeach any witness regardless of which party first called him to testify;
(e) To rebut the evidence against him;
(f) To represent himself or to be represented by anyone of his choice who is
lawfully permitted to do so. 7. Official Notice.
(a) What may be noticed. In reaching a decision, official notice may be taken,
either before or after submission of the case for decision, of any fact which may be
Ordinance No. 5715
November 21, 2002
Page 10
judicially noticed by the courts of this state or official records of departments and
ordinances of the city.
(b) Parties to be notified. Parties present at the hearing shall be informed of the
matters to be noticed, and these matters shall be noted in the record, referred to
therein, or appended thereto.
(c) Opportunity to refute. Parties present at the hearing shall be given a
reasonable opportunity, on request, to refute the official noticed matters by evidence or
by written or oral presentation of authority, the manner of such refutation to be
determined by the hearing examiner.
(d) Inspection of the premises. The hearing examiner may inspect any building or
premises involved in the appeal during the course of the hearing, provided that (i) notice
of such inspection shall be given to the parties before the inspection is made, (ii) the
parties are given an opportunity to be present during the inspection, and (iii) or the
hearing examiner shall state for the record upon completion of the inspection the
material facts observed and the conclusions drawn therefrom. Each party then shall
have a right to rebut or explain the matters so stated by the hearing examiner.
8. Limitation of Testimony. The examiner has the right to limit the time a witness
may testify.
13. Form and Effective Date of Decision. The decision shall be in writing and
shall contain findings of fact, conclusions of law, a determination of the issues
presented, and the requirements to be complied with. A copy of the decision shall be
delivered to the appellant personally or sent to him by certified mail, postage prepaid,
return receipt requested. The effective date of the decision shall be as stated therein.
14. Rights Granted - Right to Appeal. Nothing in this Section shall be construed
as granting any right of judicial review which does not previously exist in law. The
decision of the examiner or examiner pro tem shall be final and exclusive. A writ of
review must be sought in the Superior court of King or Pierce County, if at all, by an
aggrieved party or person.
15. Limitations of Authority. The examiner shall have no authority relative to
interpretation of the administrative provisions of this code or the technical codes nor
shall the examiner be empowered to waive requirements of this code or the technical
codes. (Ord. 5683 § 35, 2002; Ord. 5212 § 1 (Exh. K), 1999.)
SECTION TVVELVE. AMENDMENT TO CITY CODE.
That Section 15.36.010 of the Auburn City Code, regarding the City's Fire Code,
is amended to read as follows:
15.36.010 Adoption.
There is adopted by the city in ACC 15.06.010 for the purposes of prescribing
regulations governing conditions hazardous to life and property from fire or explosion,
that certain code known as the Uniform Fire Code, Articles 1 and 2, Article 9, including
Sections 901.2.2.1,901.4.2, 902.1 and 902.2 through 902.2.4.1, Articles 10 through 13,
Articles 24 through 36, Articles 45 through 52, except Section 5201.1, Articles 62
through 79, except Section 7904.5.4.2.2, and including Section 7902.1.7.2.4, Articles
81, except 8101.6 which is amended herein in the new Section 15.36.030, 82 through
Ordinance No. 5715
November 21, 2002
Page 11
88, except Section 8702, and Article 90, 1997 Edition, published by the International
Fire Code Institute as adopted in Chapter 51-44 WAC, which Chapter 51-44 VVAC was
adopted by reference with amendments, deletions and additions as provided in ACC
15.06.010 and this chapter, together with Articles 61 and 80 and Sections 5201.1,
7904.5.4.2.2 and 8702 and Appendices I-C, II-A, II-B, II-D, 11-E, II-F, II-G, II-H, I1-1, II-J,
III-A, Ill-C, Ill-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-C, VI-D, VI-E, VI-F, VI-G, VI-H and VI-I
of the 1997 Uniform Fire Code as published by the International Fire Code Institute,
together with amendments, deletions and additions as provided in Chapter 15.36 ACC
entitled "Fire Code". The previsions of ACC 15.06.010 together with Chapter 15.38 ACC
and this chapter shall be controlling within the jurisdiction of the city. There is also
adopted by the city the Uniform Fire Code Standards, 1997 Edition, published by the
International Fire Code Institute as adopted in Chapter 51-45 WAC, which Chapter 51-
45 WAC is adopted by reference. Provided that any fees for any inspections or activity
pursuant to this Chapter or pursuant to Section 105 of the 1997 Uniform Fire Codo
(UFC), or amendments thereto, includin.q later-adopted versions of the UFC, that shall
be different than the fees provided therein, shall be as set forth in the City of Aubur~
Fee Schedule. (Ord. 5212 § 1 (Exh. L), 1999; Ord. 5186 § 2, 1998; Ord. 4778 § 2,
1995.)
SECTION THIRTEEN. AMENDMENT TO CITY CODE.
That Section 15.36.020 of the Auburn City Code, regarding the City's Fire Code,
is amended to read as follows:
15.36.020 Section 103.1.4 amended - Appeals.
Uniform Fire Code Section 103.1.4 is amended to read as follows:
A. Appeal to Hearing Examiner.
1. Appointment and Term. In order to hear and decide appeals of orders,
decisions or determinations made by the fire chief relative to the application and
interpretation of this code, a hearing examiner shall be appointed by the Mayor for a
period of five years and subject to confirmation by the Auburn City Council. In the event
that the appointed examiner is unable to perform the duties as hereinafter described, for
whatever reason, or in the event of a vacancy in office, the Mayor shall appoint an
examiner pro tern who shall have the authorities herein provided.
2. Removal and Qualifications. The examiner or the examiner pro tem may be
removed from office by the mayor with approval by the city council for cause, including
but not limited to malfeasance, misconduct, neglect of duties, unexcused absence,
criticism of public officials or public employees if such criticism is injurious to the
requisite working relationship between hearing examiner and the public official or public
employee to the extent of influencing the public pemeption of the objectivity of the
hearing examiner, or any other act that is perceived as not in the best interests of the
City. The examiner and the examiner pro tern shall be qualified by experience and
training to pass upon pertinent matters in the fire code. Wherever feasible, the Mayor
shall endeavor to appoint qualified candidates who reside in the Auburn area.
3. Duties. The examiner pro tem, in the event of the absence or inability of the
examiner to act, shall have all the duties and powers of the examiner. The examiner
Ordinance No. 5715
November 21, 2002
Page 12
shall conduct an appeal hearing as provided herein, enter findings of fact, and
conclusions of law based upon those facts and a decision which is advisory to the fire
chief and subject to appeal as provided herein.
4. Conflict of Interest. The examiner shall not conduct or participate in any
hearing or decision in which the examiner has a direct or indirect personal interest
which might exert such influence upon the examiner that might interfere with his/her
decision-making process. Any actual or potential conflict of interest shall be disclosed
by the Hearing Examiner to the parties immediately upon discovery of such conflict.
Participants in the hearing process have the right, insofar as possible, to have the
examiner free from personal interest or pre-hearing contacts on issues considered by
him/her. It is recognized that there is a countervailing public right to free access to
public officials on any matter. If such personal or pre-hearing interest contact impairs
the examiner's ability to act on the matter, the hearing examiner shall state and shall
abstain therefrom to the end that the proceeding is fair and has the appearance of
fairness, unless all parties agree in writing to have the matter heard by said examiner. If
all parties do not agree and the hearing examiner must abstain, the Mayor shall be
notified and the Mayor shall appoint a hearing examiner pro tam to sit in the hearing
examiner's stead.
5. Freedom from Improper Influence. No council member, City official, or any
other person shall attempt to interfere with, or improperly influence the examiner or
examiner pro tempore in the performance of his/her designated duties.
6. Duties of the Examiner. Applications and decisions. For cases and actions as
prescribed by ordinance, the Examiner shall receive and examine available information,
conduct public hearings, prepare a record thereof, and enter recommended findings of
fact, conclusions of law based upon those facts and a recommended decision to the fire
chief. The fire chief may affirm, reverse or modify the Examiner's recommended findings
of fact, conclusions of law and decision. The fire chief's action on the Examiner's
recommended findings of fact, conclusions of law and decision is final action subject to
appeal as provided herein.
7. Application of Appeal and Filing Fee.
a. Form of Appeal. Any person receiving a decision or determination made by the
fire chief or his designee relative to the application and interpretation of this code may
appeal such determination or decision under this code by paying the ~Nundm~-~
· .-..-.r~""~/~')~n~.,_~v.../nn~ filing fee as set forth in the City of Auburn Fee Schedule and filing at
the office of the fire chief a written application of appeal containing:
1. A heading in the words: "Before the Hearing Examiner of the City of Auburn".
2. A caption reading: "Appeal of Fire Chief Decision or Determination," giving the
names of all appellants participating in the appeal.
3. A brief statement setting forth the legal interest of each of the appellants in the
building or the land involved in the determination or decision.
4. A brief statement in ordinary and concise language of the specific action
protested, together with any material facts claimed to support the contentions of the
appellant.
Ordinance No. 5715
November 21, 2002
Page 13
5. A brief statement in ordinary and concise language of the relief sought and the
reasons why it is claimed the protested action should be reversed, modified or
otherwise set aside.
6. The signatures of all parties named as appellants and their official mailing
addresses.
7. The verification (by declaration under penalty of perjury) of at least one
appellant as to the truth of the matters stated in the appeal.
8. The application of appeal shall be filed within 30 days from the date of the fire
chief's determination or decision; provided, however that if a building or structure is in
such condition as to make it immediately dangerous to the life, limb, property or safety
of the public or adjacent property and is ordered vacated, such application of appeal
shall be filed within 10 days from the date of the fire chief's decision or determination.
b. Processing Application of Appeal. Upon receipt of any application of appeal
filed pursuant to this section together with the T, .... ..v .'".-,,... v--'"'~'~'~ F!.~./ -v,,-,n""°' ~.,~v.,...//e')~n nn~ filing
fee in the amount as set forth in the City of Auburn Fee Schedule,, the fire chief shall
within two (2) working days of receipt of an application determine whether the
application is complete. If complete, the application shall be accepted. If not complete,
the fire chief shall request that the applicant provide additional information as necessary
to complete the application. The applicant shall be advised of the date of acceptance of
the application.
c. Scheduling and Noticing Appeal for Hearing. As soon as practicable after
acceptance of the written application of appeal, the examiner shall fix a date, time and
place for the hearing of the appeal. Such date shall be not less than 10 days nor more
than g0 days from the date the application of appeal was filed with the fire chief. Written
notice of the time and place of the hearing shall be given at least 10 days prior to the
date of the hearing to each appellant by the examiner either by causing a copy of such
notice to be delivered to the appellant personally or by mailing a copy thereof, postage.
prepaid, addressed to the appellant at his address shown on the appeal.
8. Effect of Failure to Appeal. Failure of any person to file an appeal in
accordance with provisions of this section shall constitute a waiver of any right to an
administrative hearing and adjudication of the fire chief's decisions or determinations.
9. Scope of Hearing on Appeal. Only those matters or issues specifically raised
by the appellant shall be considered in the hearing of the appeal.
10. Hearing Procedures:
a. Record. A record of the entire proceedings shall be made by tape recording or
by any other means of permanent recording determined to be appropriate by the
examiner.
b. Reporting. The proceedings at the hearing shall also be reported by a
phonographic reporter if requested by any party thereto. A transcript of the proceedings
shall be made available to all parties upon request and upon payment of the fee
prescribed therefor. Such fee may be established by the examiner, but shall in no event
be greater than the cost involved.
c. Continuances. The examiner may grant continuances for good cause shown.
d. Oaths - Certification. In any proceedings under this section, the examiner has
the power to administer oaths and affirmations and to certify to official acts.
Ordinance No. 5715
November 21, 2002
Page 14
e. Reasonable Dispatch. The examiner shall proceed with reasonable dispatch to
conclude any matter before it. Due regard shall be shown for the convenience and
necessity of any parties or their representatives.
f. Notice of Hearing. The notice to appellant shall be substantially in the following
form, but may include other information:
"You are hereby notified that a hearing will be held before (name of hearing
examiner) at on the day of ,20__, at the hour of , upon the
notice and order served upon you. You may be present at the hearing. You may present
any relevant evidence and will be given full opportunity to cross-examine all witnesses
testifying against you. You may request the issuance of subpoenas to compel the
attendance of witnesses and the production of books, documents or other things by
filing an affidavit therefor with (name of hearing examiner)."
g. Subpoenas.
1. The examiner may issue subpoenas for the attendance of witnesses or the
production of other evidence at a hearing upon the written demand of any party. The
issuance and service of such subpoena shall be obtained upon the filing of an affidavit
therefor which states the name and address of the proposed witness; specifies the
exact things sought to be produced and the materiality thereof in detail to the issues
involved; and states that the witness has the desired things in his possession or under
his control. A subpoena need not be issued when the affidavit is defective in any
particular.
2. Penalties. Any person who refuses without lawful excuse to attend any hearing
or to produce material evidence in his possession or under his control as required by
any subpoena served upon such person as provided for herein shall be guilty of a
misdemeanor punishable as provided in ACC 1.24.010.
h. Conduct of Hearing.
1. Rules. Hearings need not be conducted according to the technical rules
relating to evidence and witnesses.
2. Oral Evidence. Oral evidence shall be taken only on oath or affirmation.
3. Hearsay Evidence. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but shall not be sufficient in itself to
support a finding unless it would be admissible over objection in civil actions in courts of
competent jurisdiction in this state.
4. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the
type of evidence on which responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or statutory rule which
might make improper the admission of such evidence over objection in civil actions in
courts of competent jurisdiction in this state.
5. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be
excluded.
6. Rights of Parties. Each party shall have these rights among others:
(a) To call and examine witnesses on any matter relevant to the issues of the
hearing;
(b) To introduce documentary and physical evidence;
Ordinance No. 5715
November 21, 2002
Page 15
(c) To cross-examine opposing witnesses on any matter relevant to the issues of
the hearing;
(d) To impeach any witness regardless of which party first called him to testify;
(e) To rebut the evidence against him;
(f) To represent himself or to be represented by anyone of his choice who is
lawfully permitted to do so. 7. Official Notice.
(a) What may be noticed. In reaching a decision, official notice may be taken,
either before or after submission of the case for decision, of any fact which may be
judicially noticed by the courts of this state or official records of departments and
ordinances of the city.
(b) Parties to be notified. Parties present at the hearing shall be informed of the
matters to be noticed, and these matters shall be noted in the record, referred to
therein, or appended thereto.
(c) Opportunity to refute. Parties present at the hearing shall be given a
reasonable opportunity, on request, to refute the official noticed matters by evidence or
by written or oral presentation of authority, the manner of such refutation to be
determined by the hearing examiner.
(d) Inspection of the premises. The hearing examiner may inspect any building or
premises involved in the appeal during the course of the hearing, provided that (i) notice
of such inspection shall be given to the parties before the inspection is made, (ii) the
parties are given an opportunity to be present during the inspection, and (iii) or the
hearing examiner shall state for the record upon completion of the inspection the
material facts observed and the conclusions drawn therefrom. Each party then shall
have a right to rebut or explain the matters so stated by the hearing examiner.
8. Limitations of Testimony. The examiner has the right to limit the time a witness
may testify.
9. Form and Effective Date of Decision. Both the Hearing Examiner's
recommended decision and the Fire Chief's final decision shall be in writing and shall
contain findings of fact, conclusions of law, a determination of the issues presented, and
the requirements to be complied with. A copy of the recommended decision and the
final decision shall be delivered to the appellant personally or sent to him by certified
mail, postage prepaid, return receipt requested. The effective date of the final decision
shall be as stated therein.
10. Rights Granted - Right to Appeal. Nothing in this Section shall be construed
as granting any right of judicial review which does not previously exist in law. The
decision of the examiner or examiner pro tem shall be advisory to the fire chief and the
fire chief's decision shall be.final and exclusive. A writ of review must be sought in the
Superior Court of King or Pieme County, if at all, by an aggrieved party or person.
11. Limitations of Authority. The examiner shall have no authority relative to
interpretation of the administrative provisions of this code or the technical codes nor
shall the examiner be empowered to waive requirements of this code or the technical
codes. (Ord. 5683 § 36, 2002; Ord. 5212 § 1 (Exh. L), 1999; Ord. 5186 § 2, 1998; Ord.
4778 § 2, 1995.)
Ordinance No. 5715
November 21, 2002
Page 16
SECTION FOURTEEN. CREATION OF NEW SECTION IN CITY CODE.
That a new Section 15.08.045 of the Auburn City Code, regarding Building Code
Requirements, is created to read as follows:
15.08.045 Building code fees.
The fees for any permit activity pursuant to this Chapter or pursuant to thn
currently adopted version of the Uniform Building Code (UBC), or amendments thereto,
including later-adopted versions of the UBC, that shall be different than the fees
provided therein, shall be as set forth in the City of Auburn Fee Schedule.
SECTION FIFTEEN. CREATION OF NEW SECTION IN CITY CODE.
That a new Section 15.38.045 of the Auburn City Code, regarding Fire Protection
Requirements, is created to read as follows:
15.38.045 Fire inspection fees.
The fees for any !.nspections pursuant to this Chapter or pursuant to Section 10,3
of the 1997 Uniform Fire Code (UFC), or amendments thereto, including later-adopted
versions of the UFC, that shall be different than the fees provided therein, shall be as
set forth in the City of Auburn Fee Schedule.
SECTION SIXTEEN. GENERAL SEVERABILITY.
That if any provision of this Ordinance or the application thereof to any person or
circumstance is held to be invalid, the remainder of such code, ordinance or regulation
or the application thereof to other person or circumstances shall not be affected.
SECTION SEVENTEEN. IMPLEMENTATION.
The Mayor is hereby authorized to implement such administrative procedures as
may be necessary to carry out the directives of this legislation.
SECTION EIGHTEEN. EFFECTIVE DATE.
That this Ordinance shall be in full force and effect five (5) days after publication
of the Ordinance Summary.
INTRODUCED:
PASSED:
APPROVED:
DEC - ~ 2002
DEC - 2 20~
DEC - ~ 2D1~2
PETER B. LEWIS, MAYOR
Ordinance No. 5715
November 21, 2002
Page 17
ATTEST:
~antelle E. Daskam, City Clerk
I~niel B. FTe't~_City A'~torn-ey
PUBLISHED:
Ordinance No. 5715
November 21, 2002
Page 18
EXHIBIT "A"
CITY OF AUBURN FEE SCHEDULE
FEES FOR CITY PERMITS AND ACTIONS
Planning & Land Use Fees, Application Fees (with amendments as shown)
Applications for any action identified below shall not be accepted for filing until the fees
per the below schedule have been paid to the City.
Type
Shoreline substantial development
Street and alley vacations
Short subdivisions
Rezoning
Conditional use permits
Mining permits
Preliminary plats
Final plats
Hearing Examiner variances
Fee
$750.001,000.00
$250.00
$~00.991,000.00
$750.001,500.00
$750.OO
$1,000.00
$!,500.003,000.00
$509.001,000.00
$599.991,000.00
$200.00
$5oo.oo
Hearing Examiner cases (non-variance)
temporary uses, special exceptions,
administrative appeals, off-site
parking lots
Planned Unit Developments
Lot line adjustments
Administrative use permits
Special home occupation permits
Environmental checklists
Impact statements
residential
commercial
and $50.00 per lot
and $30.00 per lot
residential
other (non-residential)
$200.00
$759.002,000.00 and $50.00 per acre
$200.00 sinqle family
$500.00 other
$400.00
$100.00
$350.09700.00
$599.99For actions requiring an
impact statement plus actual cost for
preparation of review of draft and
final impact statements, includinq lab
or, materials, mailin.q, and other
actual costs related to the draftinq
and circulatinR of the impact
statement.
Fee for Posting Public Notices
(per Ch. 1.27 ACC)
Type of
Mounting Board
Type I
Type II
Type III
Fee
Per Boa~
$20.00
$30.00
$50.00
Replacement
Cost, Per Board
$50.00
$75.00
$100.00
Ordinance No. 5715
November 21,2002
Page 19
Sign Permits (per Ch. 18.56 ACC)
Unless exempt by Ch. 18.56 ACC, the fee shall accompany each application for a sign
permit. The amount of the fee shall be based upon the value of the sign pursuant to
Table l-A, Ch. 1, 1997, Uniform Building Code.
Additional Sign Fees
Appeals and variance applications $200.00
Temporary sign permits (issued by hearing examiner) $100.00
Comprehensive Plan Text Amendments*
Comprehensive Plan Map Amendments*
$500.00
$1,500.00
*Fees for amendments to text or maps of the Comprehensive Plan apply only where an
applicant seeks an amendment affectin.q specific properties, rather than the City qenerally or
property within the City .qenerally.
B=
Auburn Municipal Airport Lease Fees (Added to Fee Schedule but unchanged)
Type Fees
Open hangar (buildings 3, 4, 5, 6, 7) $159.51
Open twin hangar (building 8) $208.30
Closed hangar (building 2) $224.98
Closed hangar (buildings 9, 10) $354.12
Tiedown $57.36
Storage units (buildings 2, 3, 4, 5, 6, 7, 8) $65.46
Storage units (185 sq. ft. - buildings 9, 10) $88.57
Storage units (380 sq. ft. - buildings 9, 10) $129.86
Storage units (430 sq. ft. - buildings 9, 10) $151.50
A surcharge of $3.00 per month is charged in addition to the base monthly rental fees
provided in this section for all tiedown, hangar and storage rental fees to be used for the
provision of increased security at the Auburn Municipal Airport (approved by Ordinance
No. 5500 on January 16, 2001).
The above leases are subject to applicable leasehold taxes, which shall be paid by the
tenant. The total charge is reflected in monthly billing rates. Tenants shall be given
notice as required by Ordinance or lease agreements. The Airport Lease rates shall be
effective January 1, 2003.
Automatic Rate electronic cards.
One automatic Rate electronic card will be issued to each tenant free of charqe.
Any additional electronic cards requested by a tenant are subject to a $25.00
refundable deposit charcle. A $25.00 replacement fee will be assessed against
the tenant for all lost or damaqed electrenic cards. All electronic cards must be
returned to the airport at the time of lease expiration.
Ordinance No. 5715
November 21,2002
Page 20
Building Permit Fees (with amendments as shown)
Building Permit fees under the Uniform Building Code (UBC), or other building permit
fees that use total valuation as the determinant of the fee amount, shall be based upon
the following table:
BUILDING PERMIT FEES
TOTAL VALUATION
FEE
$1.00 tO $500.00
$501.00 tO $2,000.00
$2,001.00 to $25,000.00
$25,001.00 to $50,000.00
$50,001.00 to $100,000.00
$100,001.00 to $500,000.00
$500,001.00 to $1,000,000.00
$1,000,001.00 and up
$23.5027.00
$22.5927.00 for the first $500.00 plus $3.054.00 for each
additional $100.00, or fraction thereof, to and including
$2,000.00
$59.25 79.00for the first $2,000.00 plus $!4.0016.00 for
each additional $1,000.00, or fraction thereof, to and
including $25,000.00
$29!.277.7.00 for the first $25,000.00 plus $!9.!0!2.00 for
each additional $1,000.00, or fraction thereof, to and
including $50,000.00
$54-.?.75734.00 for the first $50,000.00 plus $7.908.00 for
each additional $1,000.00, or fraction thereof, to and
including $100,000.00
$993.751,133.00 for the first $100,000.00 plus $5.507.00
for each additional $1,000.00, or fraction thereof, to and
including $500,000.00
$2,222.753,687.00 for the first $500,000.00 plus $4.756.00
for each additional $1,000.00, or fraction thereof, to and
including $1,000,000.00
$5,59~.755~394.00 for the first $1,000,000.00 plus
$3. ! 54.00 for each additional $1,000.00, or fraction thereof
Other Inspections and Fees:
1. Inspections outside of normal business hour ............................................................. $47.0054.00 per person 1
(minimum charge-two hours)
2. Reinspection fees assessed under provisions of Section 305.8 ................................... $47.0954.00 per person 1
3. Inspections for which no fee is specifically indicated ................................................ $'?.0~54.00 per person 1
(minimum charge-one-half hour)
4. Additional plan review required by changes, additions or revisions to plans ............. $'~7.9054.00 per person 1
(minimum charge-one-half hour)
5. For use of outside consultants for plan checking and inspections, or both ................................. Actual costs 2
1 Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision,
overhead, equipment, hourly wages and fringe benefits of the employees involved.
2 Actual costs include administrative and overhead costs.
Building Code Appeals (ACC 15.08.020)
$250.00500.00
D. Police Department Fees (Added to Fee Schedule but Unchanged)
Type
Police Report/Collision Report
(fee not charged where requested
by victim or party involved)
Ordinance No. 5715
November 21, 2002
Page 21
Fees
$10.00
Fingerprinting Fees $6.00
(fee not charged where taking of
fingerprints is required by the city)
Health Services $5.00
(to be collected from persons confined in the
Auburn City Jail who request health services)
City Clerk Fees (Added to Fee Schedule with changes shown)
Type Fees
Fees for public records - Collection.
Noncertified copies of public records $0.250.15 per page
(where no special search or documentation is required)
Certified copies of public records $3.00 per page
Noncertified copies of public records $3.00 for 1st page
(where a search or documentation is required) and $0.50 each add'l page
Fees for Auburn City Code book and supplements.
Copy of Auburn City Code book
(with latest supplement)
Supplements to the Auburn City Code book
$98.50 per code book
$9.50 per copy.
F. City Cemetery Fees (Added to Fee Schedule but unchanged)
Type
Property
Graves - Standard
Sections 1 - 5
Memory Meadow
Sections 6 and 7
Section 9
Section 9 Double Depth
(includes 2 Lawn Crypts)
Section 9, Upright Section
Children's Place
Section 9 - Upright Section Urn
Plots (up to 4 urns)
Centennial Urn Garden
Centennial Urn Garden Companion
Columbarium Wall Single
Columbadum Wall Double
Centennial Columbarium Wall
Single
Double
Companion
Phase II - Centennial Columbarium Wall
1. Top Row
Fees
$ 695.00
1,090.00
1,090.00
1,385.00
2,765.0O
2,645.00
265.00
2,645.00
420.00
840.00
650.00
925.00
780.00
1,185.00
1,565.00
1,655.00
Ordinance No. 5715
November 21, 2002
Page 22
2. Middle Row
3. Middle Row
4. Bottom Row
Phase II - Centennial Columbarium Companion
1. Top Row
2. Middle Row
3. Middle Row
4. Bottom Row
Mausoleum Niches - Single
Mausoleum Niches - Double
Extended Land Use
Memorial Plaque
Opening and Closing
VaultJLiner
Children's Place
Cremation Plot
Niche
Entombment
Set up charge
Marker Services
Setting Flat Marker
Setting Upright Monument
Resetting Fee - Flat
Resetting Fee - Upright
Recording Fee
Overtime Per Person,
Per Half Hour
Saturday Service Fee
Full Burial
Cremation
Flower Vases
Standard Stainless Steel
Deluxe Cast Zinc
Deluxe Niche Vase
Liners
Mountain View Vault
Concrete Liner
Double Depth Liner
Infant
Urn Encasement
Vaults (Other than Mtn. View Vault)
Markers
Urns
Basic
Deluxe Urns
Millennium Mausoleums - Crypts
(Proposed Completion 2000)
Each crypt - Top
Each crypt - Bottom
1.4 x cost
1.67 x cost
1.67 x cost
1,520.00
1,520.00
1,385.00
3,310.00
3,045.00
3,045.00
2,775.00
445.00
680.00
135.00
265.00
795.00
210.00
270.00
255.00
550.00
145.00
180.00
345.00
115.00
290.00
25.00
28.00
340.00
180.00
45.00
90.00
90.00
340.00
340.00
680.00
195.00
160.00
20.00
10,000.00
9,000.00
O~inanceNo. 5715
November21,2002
Page 23
Millennium Mausoleums Building Niches
Outside Niches
Inside Niches
Discounts
Marker setting by private parties.
(Setting must meet the cemetery
specifications - border size, cleanup,
work signed off by cemetery coordinator.)
1,950.00
3,900.00
$10.00
Fire Department Fees (Added to Fee Schedule with changes shown)
Type
Fire Code Appeals (ACC 15.36.020)
Permit Fees (per UFC § 105)**
Initial permit
Fees
$250.00500.00
60.00
Annual renewal
60.00
Inspection Fees (per UFC § 103, Ch 15.38 ACC)**
Initial inspection
1st re-inspection
2nd re-inspection
No Charqe
No Charqe
45.00
Any subsequent (after 2nd) re-inspection
After Hours Fee
100.00
53.58 per hour (2 hour min.)
(for fire inspections or permit work
required to occur outside of normal
business hours)
** For permits and inspections not covered by the
Uniform Buildinq Code or buildin,q code fee
schedule/table.
Ordinance No. 5715
November 21,2002
Page 24