HomeMy WebLinkAboutORD 5690CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5690
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-1-160, OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV
(DEVELOPMENT REGULATIONS) OF THE RENTON MUNICIPAL CODE, ADDING A
NEW SUBSECTION 4-1-160.E.4, REGARDING SCHOOL IMPACT FEES WAIVER,
PAYMENT UNDER PROTEST, AND APPEALS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Subsection 4-1-160.E, Assessment of School Impact Fees, of Chapter 1,
Administration and Enforcement, of Title IV (Development Regulations) of the Renton
Municipal Code, is hereby amended to add a new subsection 4, to read as follows:
a. Waiver: If any applicant, owner, or developer fails to identify any
error, miscalculation, misclassification of the type of dwelling unit, or erroneous
assessment at the time that the school impact fee is assessed, any claim other
than for a refund of school impact fees and related interest earned on the same
school impact fees, shall be permanently waived. Strict compliance is required
under this subsection.
b. Payment under Protest: If an applicant, owner, or developer
identifies an error, miscalculation, misclassification of the type of dwelling unit,
or erroneous assessment at the time that the school impact fee is assessed, that
applicant, owner, or developer may pay the school impact fee under protest in
order to obtain a permit or other related approval of development activity.
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ORDINANCE NO. 5690
Payment under protest automatically results in the scheduling of an
administrative hearing, unless withdrawn by the applicant, owner, or developer.
c. Appeal after Payment under Protest: Based on principles of
fairness and due process, if an applicant, owner, or developer identifies an error,
miscalculation, misclassification of the type of dwelling unit, or erroneous
assessment at the time that the school impact fee is assessed, that applicant,
owner, or developer may have an administrative hearing before the
Administrator, within fourteen (14) calendar days of the date that payment was
made under protest. The standard of proof shall be by a preponderance of the
evidence. If the applicant, owner, or developer wants to appeal the
Administrator's oral or written decision, the applicant, owner, or developer may
request an appeal by filing that request with the Renton City Clerk, within seven
(7) calendar days of the Administrator's decision. The appeal shall be based
solely on the record, before the Hearing Examiner using the clearly erroneous
standard of review. There are no additional appeals.
SECTION II. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this 20th day of May ,2013.
Bonnie I. Walton, City Clerk
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ORDINANCE NO. 5690
APPROVED BY THE MAYOR this 2Qth day of MaY , 2013
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication: 5/24/2013 (Summary)
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