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HomeMy WebLinkAboutShepherd Request for Fee WaiverCommunity Development Department Planning Division Building Safety Division Environmental Soils Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director DATE: May 14, 2014 RE: John Shepherd Requests for a Fee Waiver Request, Code Enforcement Held in Abeyance for 2014, and Board Review of Land Use Applications Summary The purpose of this work session is to consider three requests from John Shepherd: 1. A Fee Waiver in the amount of $8,455 for land use applications and a Hearings Officer public hearing on his property at 71120 Holmes Road, Sisters, OR: a. Private Park Conditional Use Permit (CUP): $2,320; b. Site Plan Review: $3,135; and, c. Hearings Officer deposit: $3,000 (note: this amount may be higher depending on actual costs). 2. Deschutes County to hold code enforcement in abeyance for Mr. Shepherd's scheduled commercial weddings and receptions in 2014. 3. Board of County Commission (BOCC) direct review of Mr. Shepherd's land use applications. Discussion Each of Mr. Shepherd's requests is briefly discussed below. Fee Waiver Mr. Shepherd provides two reasons for the BOCC to waive his land use fees: 1. "Other remedies have been exhausted" Mr. Shepherd states that he acted on COD's advice in his prior application submittal and process, and has already paid COD fees. Last year, staff advised Mr. Shepherd that this application would be legally complex, controversial, and largely untested under state law. However, he only partially followed staff's recommendation in making his application, and then his modification represented a significant departure and did not resemble staff's recommended approach. Quality Services Performed with Pride Mr. Shepherd did not appeal the County Hearings Officer denial of his application. Therefore, he did not exhaust his administrative remedies. Mr. Shepherd paid the application fee and Hearings Officer deposit for the Hearings Officer services for his prior applications for a private park conditional use permit and modification of application. A $750 unpaid balance remains for the Hearings Officer services. Mr. Shepherd was made aware of that balance and, to date, has not paid it. COO paid that balance. Mr. Shepherd did not apply for nor pay a fee for a Site Plan Review. Finally, Mr. Shepherd states that part of his balance from his prior CUP and modification applications included fines. COD has not issued any citations or fines for Mr. Shepherd. The basis for this claim is unknown. 2. "Public Benefit". Mr. Shepherd and his Legal Counsel Dave Hunnicut state that the public benefit is served because his application will set a statewide precedent and clarify a legal issue (whether weddings and receptions can be approved under the private park provisions in state law). Mr. Shepherd also states that the public benefit is served by the economic activity generated by the wedding events. Conditional use permits are fact intensive based on the specific circumstances on individual properties. Mr. Shepherd's property is unique because it is in a Wildlife Area Combining Zone. In addition, other counties have approved wedding venues as private parks. Thus, staff is uncertain if or how this application will set a statewide precedent. Hold Code Enforcement in Abeyance for 2014 Mr. Shepherd has requested the BOCC "extend the clemency for any scheduled wedding events this summer for Shepherdsfield." His submittals detail the reasons for his request. Staff has submitted correspondence between COD and Mr. Shepherd from 2013 regarding the County's agreement to hold code enforcement in abeyance for 2013. Mr. Shepherd's fourth point in his letter states: "The 'evidence' that staff has of my upcoming weddings was given to staff a year ago at their request. They asked to see 'all of the contracts' I had signed with the offered hope of clemency for those contracts. It doesn't seem fair then to turn around and punish me on the basis of evidence that they requested and received under an offer of clemency. " COD did not request evidence of booking dates for weddings in 2014. Mr. Shepherd provided those contracts on his own accord with his contracts for 17 weddings in summer 2013. The attached letter from COD specifically states: "Submit evidence (such as a signed wedding contract) of the booking dates for weddings on your property through summer 2013 no later than Thursday, July 18,2013 at 5:00 p.m." [emphasis added] The attached July 8, 2013 COD letter states that the County did not agree to hold code enforcement in abeyance beyond September 2013. Mr. Shepherd also agreed in writing, though he specifically stated he was "given no choice," to the County's terms in exchange for holding code enforcement in abeyance in 2013. -2­ BOCC Direct Review of Land Use Applications Mr. Shepherd requests that his land use applications be heard directly by the SOCC for several reasons, including that the first evidentiary public hearing has already been held. Mr. Shepherd did not appeal Hearings Officer Karen Green's decision on his application. Therefore, a new application is required. I Deschutes County Code 22.24.020 requires the firstreviewing body be either staff or the Hearings Officer. The SOCC has the discretion to call up for review an administrative (staff) or Hearings Officer decision, but does not have the ability to be the initial reviewing body under County Code. I 1 eocc Decisions I Staff seeks SOCC decisions regarding: 1. Fee Waiver Options: I a. Approve the full fee waiver in the amount of approximately $8,455 and find that the action is in the public benefit, per the fee waiver policy. b. Approve the full fee waiver above less the remaining balance of $750 from the prior application. c. Approve a partial fee waiver, such as one or more of the following fees: i. Private Park Conditional Use Permit (CUP): $2,320; ii. Site Plan Review: $3,135; and, iii. Hearings Officer deposit: $3,000. d. Approve a partial fee waiver less the remaining balance of $750 from the prior application. e. Deny the fee waiver request. 2. Hold Code Enforcement in Abeyance in 2014 Options: a. Hold code enforcement in abeyance for wedding and reception events scheduled for 2014. b. Do not hold code enforcement in abeyance for wedding and reception events scheduled in 2014. This option will result in the issuance of citations to Circuit Court for the imposition of monetary penalties but not seek injunctive relief if wedding and reception events are held. Attachments 1. John Shepherd Submittals (4 documents) 2. MA-13-3, CU-13-13 3. 2013 Correspondence between COD and Mr. Shepherd regarding Code Enforcement (2 documents) -3­ Community Development Department Planning Division Building Safety DM.ion Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend. Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ July 8,2013 Mr. John Shepherd 71120 Holmes Rd Sisters, OR 97759 RE: Wedding Event Code Enforcement Dear Mr. Shepherd: I 1 The purpose of this letter is to follow up on our telephone conversation on Friday, June 21, 2013 regarding the code enforcement case pertaining to unpermitted commercial weddings at your property on Holmes Road, and your pending Conditional Use Permit (CUP) to establish a private park. I On January 30, 2013, you stated to the Board of Commissioners at their work session that 17 weddings are scheduled on your property this summer. During our telephone conversation on June 21, 2013 you confirmed that you have commercial weddings scheduled this summer, , among other events. I explained the County may be willing to hold code enforcement in abeyance this summer for weddings already booked since your CUP application is pending before a County Hearings Officer, but no additional weddings for a fee should be scheduled or held on your property beyond September 2013 without all applicable County permits. I am writing to confirm that weddings and events booked prior to our telephone conversation on June 21.2013 for summer 2013 will not be subject to code enforcement action provided that you: 1. Submit evidence (such as a signed wedding contract) of the booking dates for weddings on your property through summer 2013 no later than Thursday, July 18, 2013 at 5:00 p.m. 2. All commercial weddings and events shall comply with all applicable public health (e.g., food service, water, sanitation) regulations, the Americans with Disability Act (ADA), and the County's Noise Ordinance (Deschutes County Code 8.08). 3. Resolve the pending building code violation case on your property immediately. Specifically. the non-permitted gazebo requires permits (B72148 and E112067), which are in pending status. These permits must be fully activated no later than Thursday, July 18,2013. Work and installations must be inspected and pass final inspection prior to public occupancy and no later than Monday, July 29,2013 at 5:00 p.m. Quality Services Performed with Pride I 4. Agree in writing or via email that you will conduct!!.Q additional unpermitted weddings or commercial events for a fee, beyond those already booked as of June 21, 2013 for summer 2013. This means that no unpermitted weddings or commercial events will occur on your priority that are not identified and documented in writing for 2013 and none for 2014 and beyond. Please be advised that while we will not actively look for unpermitted wedding events held this summer and beyond, we will respond to any new complaints we receive about weddings/events that are not listed in your forthcoming letter and documentation. Please submit the documentation to my attention at the address listed above. Thank you for your cooperation in this matter. Please let me know if you have questions or require additional information. Sincerely, Nick Lelack Director Cc: Tom Anderson, County Administrator Code Enforcement staff Board of County Commissioners ShephertlsFieltl LLC John Shepherd 71120 Holmes Road Sisters OR 97759 (541) 548-9905 shepherdsfield@gmail.com Shepherdsfield.biz 7116113 Dear Nick, Please find attached copies of all the upcoming wedding contracts that have been engaged. To respect the privacy of the brides, I have redacted their names. I'm glad that Deschutes County has agreed to allow these weddings to go forward. As you can imagine, a tremendous amount of planning and financial and emotional investment goes into a wedding. Many weddings are planned two years in advance, as you will see from these conrracts which include some dates in 2014. For me to breach any ofthese con1racts would be devastating to the brides and could result in serious lawsuits against me. I signed many of these contracts long ago when I was confident that the Commercial Event Venue Ordinance, ordered by the Deschutes County Commissioners, would certainly provide a legal means for me to provide a venue for these brides. When that avenue failed, I continued to contract the venue under the hope that private park CUP would provide a legal means. I remain very confident in that hope. However, as requested, I have since begun telling brides that I cannot contract additional future dates until this matter is resolved. I am now telling inquiring brides that I can pencil their name on a date but that I will not contract that date until I receive permission from Deschutes County. However, as a pastor and minister of 30+ years, who performed my first wedding over 30 years ago, I chafe under this restriction. It is hard not to view an order prohibiting a pastor from performing weddings on his church grounds as an abridgement of my right to exercise my religious freedom. Nevertheless, given no choice, I agree to your terms. Like you, I hope this resolves quickly. I do appreciate your cooperation in this matter over the years. Please encourage anyone interested that each wedding, by my calculations, creates about $70,000 in economic activity for Deschutes County, including a lot of outside money, for air flights, car rentals, hotel rentals, caterers, florists, equipment rentals, formal wear, D.J.s, etc. Thus benefiting and serving the citizens of Deschutes County. ~e~elY,~ Jo~'l;pherd I am hereby applying for a fee waiver for my CUP application for a private park. The fee waiver application states: The Board of county Commissioners may waive fees in any other case where the public benefit is served and other remedies have been exhausted. I believe I qualify for a waiver under the circumstances stated above for the following reasons: 1. Other remedies have been exhausted. a. I have been pursuing the legal options for a wedding venue for four years. b. After the Commission allowed wedding venues under agritourism, I submitted an application only to be told by COD staff that it would be "virtually impossible" to qualify on my property, due to the lack of water rights for irrigation on my property. c. Following COD's advice, I submitted a CUP application for a private park, paying the full amount. When COD staff issued a staff report indicating that wedding events were not recreational, and thus should not, in and of themselves, qualify for a private park, I spent another $880 to submit a revised CUP application with an expanded park to address that concern. d. Furthermore, COD staff told me that I could postpone the expensive Site Plan Review until a CUP decision was reached. Ultimately, the Hearings Officer rejected my application largely because of issues that would have been resolved in Site Plan Review. e. Finally, staff's "threshold" objection that a wedding event is not recreational and thus not suitable to a private park was overturned by the HO who agreed with us that wedding events can be recreational and suitable for a private park. f. Last year, I paid Deschutes County $8,500 for permits, fines and fees, just related to this application. 2. The public benefit is served. a. The public benefit is served in that this CUP application will set legal precedent and thus further clarify a legal issue that has been simmering in Deschutes County for years. A decision by the County Commission will provide guidance to all Deschutes County residents. b. Furthermore, if my application (and others following mine) is successful, the public is served because countless brides will have an affordable and private venue in which they may marry. c. The citizens of Deschutes County will benefit by the economic activity generated by 18 weddings per year, many of them destination weddings. Calculating the average amount spent on each wedding ($26,000) and the amount spent by each visitor to Deschutes County, 'estimate that my venue will generate $1.25 million in local economic activity. Thereby, having paid this fee once already, I respectfully request a waiver of the CUP application fee. John Shepherd 71120 Holmes Road Sisters OR 97759 In support of John Shepherd's fee waiver request, I would point out that resolution of the main issue in this case has statewide implications and will likely be appealed by the losing party to LUBA. It would be a benefit to all Deschutes County residents with an interest in this issue (from whatever perspective) to have this issue resolved, so that property owners and environmental groups will know whether or not weddings will be allowed as an activity in a "private park," and if so, under what limitations that activity may occur. Mr. Shepherd has already paid the county a substantial fee, the primary issue has already been litigated to the County Hearings Officer, and she has already rendered a decision on the primary issue. In Mr. Shepherd's previous application, there did not seem to be significant disputes over the facts, and there were only three parties involved, as I recall. The Hearings Officers decision was thorough, and laid out a roadmap for a successful private park application. Whether the Board agrees with that decision or not is certainly unknown, but repeating the same steps to the Hearings Officer on a similar application which will likely involve the same parties raising the same issues to substantially similar facts seems like a waste of everyone's time and resources, including County staff, the applicant, and the opponents. Moving the case directly to the Board for resolution of an issue that will have great significance to the County and possibly statewide is prudent, and I hope that the Board will consider doing so. Dave Hunnicutt President Oregonians (n Action (503) 620-0258 dave@oia.org Request for Commissioners to extend clemency for wedding events Please extend the clemency for any scheduled wedding events this summer for Shepherdsfield. I know you have to follow the law evenly, but I believe my situation is unique and deserves unique treatment, for the following reasons. I 1 1. By the end of May, I will have a 2nd CUP application in place. This is an ongoing process and, as such, should merit tolerance until it can play out. In the meantime, I have cancelled all my advertising and turned down any future contracts. 2. For four years, I have been attempting to pioneer a new and better way to use non-farmable EFU land, most recently by creating a private park. The question of whether wedding events fall within the scope of a "private park" is untested in Oregon law, meaning I am assuming the role of the test case on this issue. I am asking for a little leniency while I continue to process this case through the local and possibly state legal process. 3. My first application won on the chief issue that wedding events are recreational and thus suited to a private park. It was rejected, however, for lacking evidence on several of the siting criteria, criteria that would normally be submitted in the site plan review process which COD staff indicated I did not have to satisfy as part of my CUP application. 4. The "evidence" that staff has of my upcoming weddings was given to staff a year ago at their request. They asked to see "all of the contracts" I had signed with the offered hope of clemency for those contracts. It doesn't seem fair then to turn around and punish me on the basis of evidence that they requested and received under an offer of clemency. 5. To my knowledge, the City of Bend has repeatedly failed to meet their Federal deadlines for ADA compliance and has failed to meet their deadlines for Urban Growth Boundary compliance. In both cases, they requested and received extensions. If the city, with its vast supply of planners, attorneys and resources, is granted clemency, should not a private citizen be treated with the same courtesy? 6. These weddings were scheduled over a year or two ago. I cannot cancel or reschedule them without creating enormous hardship for the brides and their families and guests. There is no alternative. 7. I still maintain that I have a religious freedom right, as a licensed minister of 35 years who has pastored a registered church on my grounds for four years, to hold and perform weddings. "Congress shall make no law prohibiting the free exercise of religion." As a last resort, I will take this to a judge to resolve this question. This will create an unnecessary mess and a distraction for both me and the county. Request for Commissioners to hear the CUP Application Directly County has two options for processing a CUP application. One is to have the initial evidentiary hearing before a Hearings Officer appointed by the County. The second allows the Board of Commissioners to bypass the Hearings Officer and to schedule the initial evidentiary hearing before the Board. I am hereby requesting that my CUP be combined with Site Plan Review and heard directly by the Commissioners for the following reasons: 1. Karen Green has already heard our Private Park CUP application for special events. She ruled in our favor on the seminal question of whether a wedding event is a recreational activity suited for a private park. (See addendum quote #1) 2. HO Green ultimately ruled against us on the basis of several technical objections raised by Central Oregon Land Watch. These objections should have been resolved during Site Plan Review but we were advised by COD Staff that Site Plan Review could be completed after the CUP approval. This time, we hope to resolve all extraneous issues with COD Staff and bring a clean application to the Board. 3. HO Green's detailed decision, which sets forth the criteria she felt necessary to resolve the application, provides an easy blueprint for the parties, staff, and the Board to follow during the proceedings. Repeating this step with the HO is redundant, needlessly expensive, and will not lead to a better record before the Board than the record that would be created before the Board if the Board heard the case directly. 4. This application presents a question of first impression for the Board, which has the ultimate responsibility of interpreting the County's land use laws. The issue in this application is one that has troubled staff and Deschutes County residents for quite some time. This application gives the Board t,he opportunity to resolve the issue, which will result in great benefit to COD Staff and Deschutes County residents. Hearing the CUP Application directly will expedite the process for obtaining a decision and allow me to process the application. 5. I have already paid the Hearings Officer fee once and, on a substitute teachers meager income of $11,000 (for 2013) cannot easily afford this fee again. #1 "The threshold question presented by this application is whether the applicant's proposal constitutes a "private park," a term that is not defined in Section 18.04.030./1 Karen Green, page 7 "However, I concur with the applicant that the other types of activities that could occur during wedding receptions and other special events would fall within the definition of "recreation" and therefore would be encompassed in the "private park" use. Karen Green, page 10 Community Development Department Planning Division Building Safety Division Environmental SoUs Division P.O. Box 6005 117 N.W Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6S75 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ FEE WAIVER POLICY Effective January 4, 2006, the Deschutes County Board of Commissioners approved Ordinance Nos. 2006-001, 2006-002 and 2006-003, delegating authority to administer and approve septic permit, building permit. and land use permit fee waiver requests to the Community Development Director and County Administrator (DOC 13.08, 15.04.160 and 22.08.010). The Board of County Commissioners of Deschutes County has delegated full authority to the Community Development Department (COD) Director to administer this policy, with the exception of Items #7 and #8. POLICY GUIDELINES: 1. Fee waivers under this policy provide a public benefit. 2. With the adoption of this policy and continuing with each budget. an amount not to exceed $5.000 shall be set aside into a hardship account within the COD budget from any savings of budgeted expenses or excess revenue. 3. When money is available in the hardship account of COD. the COD Director may authorize fee waivers in amounts not to exceed the fee waiver budget each year. 4. The COD Director shall find an applicant meets one of the following criteria in granting fee waivers: A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence shall be established by the financial hardship process attached as Exhibit "A." 1. There is an immediate need of the services of the Community Development Department to protect the applicant's or the public's health or safety. 2. Granting the waiver will create a long-term efficiency of a Code Enforcement issue. B. The request is from a nonprofit organization that has encountered an extraordinary hardship that could not have been anticipated in planning for and funding of the project. and the fee waiver will benefit the community. (NOTE: Community Service may be required by the COD Director for some or all of the waived fees.) 5. Fee Waiver requests covered above shall be submitted on a form provided by COD. Applicant shall provide a written explanation of the request and explain why one or more of the above criteria are satisfied. The request will be delivered to the COD Director for review and decision. Quality Services Perfonned with Pride 6. The applicant may appeal the COD Director's decision to the Deschutes County Administrator. The applicant may appeal the Deschutes County Administrator's decision to the Board of County Commissioners. 7. The Board of County Commissioners may issue blanket fee waivers, subject to the above criterion, for classes of hardship such as catastrophic fire. 8. The Board of County Commissioners may waive fees in any other case where the public benefit is served and other remedies have been exhausted. FINANCIAL HARDSHIP Some property owners or other responsible persons who lack the financial ability to obtain permits and approvals to pay fees established by the County for Community Development Services may receive relief. The procedure for establishing financial hardships is set forth below: Procedure: In cases where the applicant appears to have insufficient resources to pay fees, the applicant may apply to qualify for financial or other assistance within available resources and under the following procedures. 1. Criteria for Indigency To qualify for assistance under this section, the applicant or other responsible person must demonstrate a substantial financial hardship that makes paying the required fees impractical. 2. Fee ReductionlWaiver An applicant may apply for a reduction or waiver of COD development fees for permits. The decision to reduce or waive development fees will be made by the COD Director, considering the following factors: A. The degree of the applicant's indigency; B. The cost of the development permit(s) or approval(s) required; C. Funds available for fee reductions/waivers in COD's budget or in any other available funds; and D. Other assistance available in the community. 3. Community Service in Lieu of Fees Upon a finding of indigency, the COD Director may order community service at the rate of $10.00 per hour in lieu of some or all waived fees. A period of time shall be established in which the community service shall be completed. Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 2 Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ AFFIDAVIT OF INDIGENCE AND REQUEST FOR FEE WAIVER This information is submitted in confidence and is not subject to public disclosure (ORS 192.502(2). APPLICANT'S NAME: _________________ I, the undersigned, am requesting a waiver of Deschutes County Fees for Community Development Services because I cannot pay at this time without causing substantial hardship to myself and/or my dependent family. The following information is true to the best of my knowledge and belief. I ask the COD Director to use the information to decide whether I may receive a fee waiver at public expense. I understand I may be required to document or verify this information. 1. PERSONAL Name (print): ______________________ Phone: L-) _________ Residence Address: _________________ City/State/Zip: _________ Mailing Address (if different): ______________ City/State/Zip: ________ Social Security No. _________Date of Birth: --:-:-=--::7""--­[ 1 Male [ ] Female Mo/Day/Year Marital Status: [ ] Married [ ] Single [ ] Divorced [ ] Separated [ ]Widowed []Other: ______ Complete the following information for everyone living in your household: Name Relationship Age Monthly Income **Staff Use Only** Description of fees to be waived: ________________ Est. Amount: $______ Fee Waiver Approved: [ ] Yes [ ] No --'--'-­Director, Community Development Dept. DateComments: ________________________________ Quality Services Performed with Pride 2. EMPLOYMENT AND INCOME Present Employer ____________ How Long Occupation __________ Address: City/State/Zip: Phone: L-)____ Hourly wage $_____Average Hrs.lWeek: ______ Net (aftertax) monthly income: _____ If unemployed, how long since you were employed: ______ Previous Employer: __________ How Long: Occupation: _______ Address ____________________ Phone ( ___ )____________ Spouse's Employer: ___________ How Long: Occupation: _______ Address ___________________ Phone ( ___ )_______________ Hourly Wage $_____Average Hrs.lWeek: ________ Net (after tax) monthly income: ______ If unemployed, how long since spouse was employed: _________ Other income for you and spouse, dependents or household members (example: Social Security, unemployment, retirement, public assistance, child support, worker's compensation, disability, etc.) Source of Income (Describe) Amount How Long Received How Often Received Other household members who help pay for your living expenses: Name Amount Payment for What Describe 3. PROPERTY AND ASSETS OWNED BY YOU, SPOUSE AND DEPENDENTS Cash Available: _______________ Savings Acc't. No: ________ Balance: $_____ Bank/Branch Office: __________ Checking Acc't. No: _________ Balance: $_____ Bank/Branch Office: ________ Other Acc't. No: _________ Balance: $_____ Bank/Branch Office: _______ Real Estate: Address, City Value Amount Owed Equity Payments Made Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 4 Credit Card Name/Bank Account Number Expiration Date Motor Vehicle MakelYear Value Amount Owed Equity Payments Made Are any of these motor vehicles used for work (other than driving to and from work)? All other property or assets (example: furniture, boats, guns, jewelry, tools, etc.): Description Value Description [ 1Yes [ 1No Value Money owed to you or spouse by others (example, tax refund, trust, judgment, etc.): Name of Debtor Amount Owed Date Payment Expected 4. MONTHLY EXPENSES List all expenses that are paid monthly by you, individually, or by you, jointly with spouse: Rent/Mortgage: $,______ Utilities: $________ Credit Card: $ _______ Car: $_________ Insurance: $._______ Medical: $_________ Child Support $ ______ Court Order: $______ Other: [1 I am willing to perform Community Service to offset the public cost of my request. [1 I unable to perform Community Service for the following reasons: I certify that the above information is true and correct to the best of my knowledge and belief. Applicant Signature Date Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 5 Community Development Department Planning DIvision Building Safety DIvision Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ RELEASE TO OBTAIN INFORMA TION FOR VERIFICATION (CONFIDENTIAL) APPLICANT'S NAME: ___________________________ I understand that the County may verify my employment and financial situation to determine my eligibility for a fee waiver. I understand that some of the information necessary for this verification is contained in records that are protected under federal and state laws. I have therefore signed this release which allows public and private organizations and individuals to provide the County or its designee with requested information. I understand that organizations and individuals which may be contacted include but are not limited to: • Social Security Administration • State Department of Revenue • Mortgage Holder • Department of Motor Vehicles • Employment Division(s) • Utility Companies • Worker's Compensation Disability Provider • Adult and Family Services Division • Landlords • Private Disability Insurance Provider • Private Life Insurance Provider • Past Employers • Release Assistance Office • Credit Card Holders • Credit Bureaus • Schools and Colleges • Banks, Savings & Loans, Credit Unions (requesting savings, stocks, bonds, checking, loan and credit information including copies of applications) • Other:.________ By signing this release, I specifically authorize the County or its designee to directly contact my current employer by telephone or in writing, and to release and utilize my address as needed by the Board of County Commissioners or its designee. Applicant Signature Date Quality Services Performed with Pride Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ FEE WAIVER REQUEST FORM Name of Individual/Organization: ___________________________ Address:_______________ City/State/Zip: _____ Phone: ~)___ Type of Permit and Fees: [] Building $._____________ [ ] Planning $___________ [] Subsurface Sewage $_________ [ ] Other: $___________ Total amount of fee(s) requested to be waived: $_________________ The applicant shall provide a written explanation of the request and explain why one or more of the criteria below are satisfied. The request will be reviewed by the Community Development Director and a response will be provided within ten (10) business days. Criteria that must be met to qualify for a Fee Waiver: A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence shall be established by the financial hardship process attached (refer to Affidavit of Indigence and Request for Fee Waiver form). 1. There is an immediate need of the Community Development Department's services to protect the applicant's or public's health or safety. 2. Granting the fee waiver will create a long-term efficiency for a Code Enforcement issue. B. The request is from a nonprofit organization that has encountered an extraordinary hardship which could not have been anticipated in planning for and funding of the project; and the fee waiver will benefit the community. (NOTE: The Community Development Director may require performance of community services for some or all of the waived fees.) Quality Services Performed with Pride