Resolution No. 79-09 CITY OF TIGARD, OREGON
RESOLUTION No. 79 T.
A RESOLUTION ESTABLISHING FEES TO BE CHARGED TO PERSONS APPEALING DECISIONS OF THE
PLANNING COMMISSION FOR THE PURPOSE OF DEFRAYING THE COSTS OF TRANSCRIPT PREPARATION
AND OTHER COSTS ASSOCIATED WITH THE HEARING OF SUCH APPEALS BY THE CITY COUNCIL.
WHEREAS, the City Council has vested the decision making authority for various
land use functions with the Planning Commission; and
WHEREAS, an appeal procedure designed to protect the rights of affected parties
has been established which provides a mechanism for City Council review of contested
decisions of the Planning Commission, and
WHEREAS, the established appeals procedures constitute a quasi-judicial function
whereby specific actions and functions such as public notice and transcript preparation
are necessary for the protection of the rights of affected parties; and
WHEREAS, the costs of processing applications leading to Planning Commission
decisions is properly borne by and is being charged to the applicant who stands to
benefit from the Planning Commission decision; and
WHEREAS, the costs of public notice and transcript preparation on appeals of
Planning Commission decisions are properly borne by individuals who stand to benefit
from a reversal of a Planning Commission decision are not properly borne by the
community at large.
NOW, THEREFORE,
BE IT RESOLVED by the Tigard City Council that:
Section 1: Fee Established. An Appeal Fee is hereby established for the purpose of
defraying the cost to the public for the necessary public notice and
transcript preparation associated with appeals to the City Council of
Planning Commission decisions. Said Appeal Fee shall be charged to the
person(s) appealing a Planning Commission decision and no appeal shall
be processed by any employee of the City until the deposit required in
Section 2 hereof has been made.
Section 2: Amount and Procedure for Fee Payment. Any aggrived party desiring to
appeal a decision of the Planning Commission to the City Council shall
state the fact and the basis of the appeal, in written form, in con-
formance with applicable provisions of the Tigard Municipal Code govern-
ing appeals. The written notice of appeal shall be accompanied by
deposit of $250.00 or a written waiver request. Upon receipt of the
written notice and the required deposit, the City shall cause a
transcript of the Planning Commission proceedings to be prepared and
shall cause a notice of public hearing to be published at the appropriate
time. The costs of transcript preparation and public notice shall be
deducr,�a from the deposit.
If the cost of transcript preparation and public notice is less than the
deposit, the unused portion of the deposit shall be returned to the
appellant. If the cost of transcript preparation and public notice
exceeds the amount of the deposit, the appellant shall deposit sufficient
additional funds to fully cover the costs of transcript preparation and
public hearing notice prior to consideration of the appeal by the City
Council. The amount of the Appeal fee shall, therefore, be the actual
costs incurred by the City transcript preparation and public notice.
Section 3: Waiver of Fees. It is not the wish of the City Council to impose a
hardship upon persons filing appeals of decisions of the Planning
Commission. The fees charged are to defray administrative costs. Council
will entertain waiving of this fee if reasonable cause can be shown by
the appeallant. Written request for waiver of fees should be addressed
to the Tigard City Council stating clear reasons for requesting said
waiver.
Section 18.92.020 of the Municipal Code states that an appeal of any
action of the Planning Commission must be made within twenty (20)
days after the commission has rendered a decision. A fee waiver request
shall not negate the appeal, and shall be considered as a separate
issue at the next regularly held meeting of the Council following
receipt of the appeal and request for fee waiver.
Section 4: This resolution supercedes Resolution 77-53.
PASSED: This _day of 1979.
4 2f.Zz
Mayor - City of Tigard
ATTEST:
Cit tecorde - City Tigard
RESOLUTION No. g_
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