HomeMy WebLinkAboutFee Waiver RequestBoard Work Session
Fee Waiver Request -James & Shirley Erickson
August 26, 2009
Background:
Last winter, the home of James & Shirley Erickson (55981 Browning Drive, La
Pine), was destroyed by fire. The Ericksons did not have homeowners insurance
to fund a replacement home. They are working with the federal government on a
reverse mortgage loan to fund a replacement manufactured home, and the
USDA on a grant to at least partially fund an upgraded septic system. Although
subject to proposed modification of County Ordinance 2008-019, the Ericksons
may not be required to install an ATT system, it is likely that due to the conditions
in that area they will be required to upgrade their standard septic system to a
sand filter system.
They have requested that fees be waived in order to complete the funding
package.
Policy Guideline #7 on the attached Fee waiver policy states:
7. The Board of County Commissioners may issue blanket fee waivers, subject to
the above criterion, for classes of hardship such as catastrophic fire.
The County has waived fees following a single property fire in the past where it
was demonstrated that homeowners insurance would not cover fees associated
with home replacement. The estimated amount of fees requested to be waived is
$3,380
Requested Action:
Board Options:
1) Direct that building and septic fees be waived in accordance with this
request.
2) Direct that building and septic fees be waived in accordance with this
request, and direct the County Administrator to make a transfer from an
alternative non -CDD fund to reimburse CDD equal to the amount of fees
waived.
3) Deny the fee request.
DESCHUTES COUNTY COMMUNITY DEVELOPMENT
FEE WAIVER POLICY
Effective January 4, 2006, the Deschutes County Board of Commissioner approved
Ordinance No, 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. (DDC 13.08, 15.04.160 and 22.08.010).
The Board of County Commissioners of Deschutes County has delegated full authority to
the CDD 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 CDD budget form
any savings of budgeted expenses or excess revenue.
3. When money is available in the hardship account of CDD, the CDD Director may
authorize fee waivers in amount not to exceed the fee waiver budget each year.
4. The CDD Director shall find an applicant meets one of the following criterion 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 to CDD to protect the applicant's or
public's health or safety.
2 :Where 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 Services may be required by the CDD Director for some or all of
the waived fees.)
5. Fee Waiver requests covered above shall be submitted on a form provided by CDD.
Applicants 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 CDD
Director for review and decision.
6. The applicant may appeal the CDD Director's decision to the Deschutes County
Administrator. The applicant may appeal the Deschutes County Administrator's
decision to the Board.
7 , 'The board of County Commissioners may issue blanket fee waivers, subject to the
aaltove 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 as set forth
below:
Procedure:
In cases where the applicant appears not to have the financial recourse to pay fees, the person
may apply to qualify for financial or other assistance within available resources and under the
following procedures:
A. Criteria for Indigency
To qualify for assistance under this section, the property owner or other
responsible person must demonstrate a substantial financial hardship that makes paying
the required fees impractical.
B. Fee Reduction/Waiver
An applicant may apply for a reduction or waiver of CDD development fees for
permits. The decision to reduce or waive development fees will be made by the CDD
Director, considering the following factors:
1. The degree of the defendants indigency;
2. The cost of the development permit(s) or approval(s) required;
3. Funds available for fee reductions/waivers in CDD's budget or in any other
available funds; and
4. Other assistance available in the community.
C. Community Service in Lieu of Fees
Upon a finding of indigency the CDD 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 Foun January 2006.doc Page 2
Fee Waiver Request Form
Name of Organization:
Address of Organization:
City: State: Zip Code:
Type of Permit
[ Building $ C 2. / 0 ' D 0 Planning $
[ ] Restaurant $ Subsurface Sewage $ /10- 00
pc Other $y Z2O - UO
Total amount of Fee(s) requested to be waived: $
eo.oc
The applicant shall provide a written explanation of the request and explain why one or more of
the criterions stated below are satisfied. The request will be reviewed by the Community
Development Director and a response will be provided within ten business days.
Criterion 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 services to CDD to protect the applicant's or
public's health or safety.
2. Where 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 Services may be required by the CDD Director for some or all of
the waived fees.)
Fee Waiver Policy and Form January 2006.doc Page 7