Council approves DDES reform ordinance

Technical committee is part of the effort to increase transparency and fairness

The Metropolitan King County Council voted unanimously today to make the county’s land-use permitting rules more transparent and fair, by establishing a technical committee to review potential reductions in building and land-use permit fees charged by the County and setting forth a series of practical internal changes.

The ordinance is the first half of a two-part reform package for the Department of Development and Environmental Services (DDES) that comes in response to a $2.4 million class action judgment against King County by property owners who were overcharged for building permits by DDES from the period between August 8, 2000 and May 31, 2007. Last November, Snohomish County Judge James Allendoerfer ruled King County’s development permitting system suffered from serious flaws and ordered a number of remedies - some of which were completed by the agency earlier this year.

DDES has begun mailing out notices to those with whom it has done permitting business during that time period, and has established a hotline and Web site to assist those who may eligible for the refund.

“These are good changes to help serve our citizens in a more helpful and responsive manner,” said Councilmember Kathy Lambert. “I am looking forward to seeing what additional changes this task force will recommend to us next year. King County will continue to monitor DDES’ fee structure to ensure our citizens are not being overcharged.”

The adopted ordinance codifies the judge’s orders and expands the scope of recommendations. It will:

• Require DDES to formally adopt public rules relating to how permit fees are administered, how director-mandated fee waivers are administered, how fee estimates are produced, and how fee refunds are established in appeals cases;

• Reduce delinquent payment penalties from 1.5% to 1.0% - bringing them in line with state law; and

• Establish a Technical Advisory Committee to review and recommend changes to the Council about DDES’ permitting processes, with an emphasis on lowering fee rates.

The Technical Advisory Committee will report to the King County Council. It will consist of representatives from the unincorporated areas of the county; representatives from the building industry, realtors, forestry and agriculture, fire districts, environmental community, DDES, and the King County Senior Deputy Ombudsman for Rural Affairs.

As of June 1, 2007, DDES had lowered its hourly rate from $144.90 to $139.90, as required by the court order. The technical review body will make recommendations to the Council on the adequacy of that hourly rate.

“The fees on development permitting in King County were clearly too high,” said Councilmember Reagan Dunn. “This expert committee will help us determine what the right level of fees will be, to ensure that we are only charging for the cost of processing those fees – and nothing more.”

“Councilmembers Lambert, Dunn and myself represent three of the largest unincorporated constituencies in King County. These fixes ensure that people receive a fair shake – and will improve our level of customer service,” said Councilmember Dow Constantine.

If you believe you may be eligible for a refund, please visit: www.metrokc.gov/permits/refund/default.aspx or call 206-296-6695 to obtain a refund application.

Read more about this legislation on the King County Council’s LEGISEARCH system. Type in "2007-0399"