Property owners have new avenue of appeal of County permit fees

Fee estimates and billings may be reviewed by Hearing Examiner

Property owners who wish to dispute the fee estimates and billings for their County building permits now have a new avenue of appeal. The Metropolitan King County Council today unanimously adopted legislation allowing applicants to appeal the fee estimates and billings they receive from the County’s permitting agency.

Until now, applicants who challenged fee estimates and billings issued by the Department of Development and Environmental Services (DDES) for building or land development permits could appeal only to the director of DDES, whose decision was final.

“This new fee appeal process protects the rights and pocket books of property owners, giving them the ability to fight charges they consider unfair and take their appeals to an impartial third party,” said Councilmember Larry Phillips, prime sponsor of the legislation. “This is another step forward in the Council’s work to make DDES more responsive and committed to customer satisfaction.”

The legislation adopted today enables applicants whose appeals are declined by the DDES Director to take their case to the county Hearing Examiner. Applicants will be required to show a particular billing or fee is unreasonable or inconsistent with county code. The Hearing Examiner will have the authority to modify the estimate or billing, remand the matter to the department, or take other appropriate action.

“This appeal process will directly address concerns that our constituents have brought forward about fees for land-use actions,” said Councilmember Kathy Lambert, who represents District 3 in northeast King County. “This new procedure will improve the county’s responsiveness to our customers and ensure that they have an important opportunity for their concerns to be heard.”

“This legislation gives citizens greater access to the government permitting process,” said Councilmember Bob Ferguson, a co-sponsor of the legislation.

“I am pleased that we are taking steps to simplify the appeals process for our constituents,” said Councilmember Jane Hague. “This ordinance will provide property owners with a more dependable approach to resolving conflicts with the County over disputed costs associated with their building permits.”

“Adding this appeal process for DDES permit fee decisions creates a fairer, more transparent system for applicants,” said Councilmember Dow Constantine. “The King County Hearing Examiner can now reject or modify fee decisions in cases where charges are found to be excessive.”

The appeals process fulfills the terms of a recent court ruling on DDES permit fees. To defray the new administrative costs to the Hearing Examiner, the ordinance provides for a $50 appeal fee that is refundable if the applicant substantially prevails upon appeal. In accordance with the court ruling, applicants may challenge fees assessed by DDES dating back to Jan. 1, 2004, in cases where their fee waiver was partially or fully denied.



Read more about this legislation on the King County Council’s LEGISEARCH system. Type in “2007-0619”