Chapter 18.12
FEES AND COST RECOVERY

Sections:

18.12.010    Fees – Generally.

18.12.020    Fee refunds.

18.12.030    Cost recovery.

18.12.010 Fees – Generally.

(1) Fees charged under this title shall be as adopted by resolution.

(2) (a) The building official shall make the determination of value or valuation under any provisions of this title. The value to be used in computing the building permit and plan review fees shall be the total value of all construction work and may include all finish work, parking lots, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment.

(b) Permit fee valuations and fee structure shall be as specified in OAR 918-50-100.

(c) Plan review and inspection fees shall be based on valuation, but the minimum fee shall be no less than the actual costs plus overhead of the plan review and the actual costs plus overhead of the inspections.

(3) Each activity, enforcement action, or program shall be provided with its own funding source and one program shall not support another, as required by ORS 455.210(3)(c) and 455.770. (Ord. 6013 § 2 (Exh. A), 2023; Ord. 5647 § 1 (Exh. A), 2006).

18.12.020 Fee refunds.

(1) The building official may authorize the refunding of any fee, or a portion of a fee, paid hereunder which was erroneously paid or collected.

(2) The building official may authorize refunding a portion of the permit fee paid when no work has been done under a permit issued in accordance with this title. Such a refund shall be subject to an administrative charge adopted by resolution.

(3) The building official may authorize refunding a portion of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. Such a refund shall be subject to an administrative charge adopted by resolution.

(4) The building official may not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. (Ord. 6013 § 2 (Exh. A), 2023; Ord. 5647 § 1 (Exh. A), 2006).

18.12.030 Cost recovery.

(1) Recovery of costs for investigations and/or enforcement actions deemed necessary and taken by the City to correct violations of this title, the Oregon Building Code, the Albany Municipal Code, the Albany Development Code, or violations of other laws or codes enforced by the City shall be paid by the responsible person(s) and/or the owner(s) of the property where said substandard or nonconforming condition or violation exists/existed. The building official shall keep an itemized account of the expense, including staff costs, materials, and third-party costs, incurred by this jurisdiction in the investigation and abatement of said conditions or violations, including the repair or demolition of any structure, done pursuant to this code. Upon completion of the City’s abatement of the condition, the building official shall prepare a statement specifying the work done, the itemized and total cost of the work, a description of the real property on which the building or structure is or was located, and the names and addresses of the persons entitled to notice. Said statement shall be hand-delivered or mailed by first-class mail, postage prepaid, at the address shown in the records of the City Building Division or, in the absence of such records, as revealed on the tax assessment records of Linn or Benton County, to the responsible person for payment.

(2) The property owner, or other person(s) responsible for enforcement costs or penalties, may appeal in the manner provided in Chapter 18.14 AMC. The issues on appeal shall be limited to the following:

(a) Whether or not a violation of this title occurred, other than a decision of the building official appealable pursuant to AMC 18.14.030; and

(b) The reasonableness of the amount of time and/or other expenses charged by the City in response to said violation. This consideration shall apply only to cost recovery and not to the amount of a penalty.

(3) If payment or notice of appeal has not been made within 60 days of the date notice was mailed or delivered, the building official, or designee, shall provide a statement identifying the property and structure, the amount of the costs, fees, and/or penalties plus additional charges to cover overhead and administrative costs to the city recorder, who shall record all such costs in the City lien docket and shall provide notice of the lien to the county recorder for the county in which the property is located. The county recorder shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.

(4) Immediately on its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall continue until the assessment and all interest due and payable thereon are paid.

(5) The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection, and enforcement of property taxes shall be applicable to such assessment.

(6) All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of nine percent per annum from and after said date.

(7) All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the treasurer of this jurisdiction, who shall credit the same to the Community Development Department’s Building Division.

(8) The lien shall be removed when all costs, fees, penalties, and interest have been paid and all violations noted and the original and subsequent notices of violations have been corrected. (Ord. 6013 § 2 (Exh. A), 2023; Ord. 5647 § 1 (Exh. A), 2006).