Who may appeal?
Fee appeal process
|Who May Appeal?
Two groups of people may challenge a local fee change or increase:
(1) 10 or more persons, or;
(2) an association with 10 or more persons.
The persons or association must file the appeal no later than 60 days after the director receives notice of the proposed adoption of the fee from the municipality. However, if the municipality failed to notify the director at least 45 days prior to adopting the fee as required under ORS 918-020-0220(1)(a), an appeal may be filed up to one year after the adoption of the new fee.
|Fee Appeal Process
Once the division receives a request for an appeal and determines that the request
is timely, the building official must send certain information to the division as follows:
- An explanation of why the building inspection program fees are necessary at the
- A copy of the municipality's newly adopted fee schedule and, if needed, the prior
- Revenue and expense information.
- The municipality needs to identify their actual costs and income for 12 months
and project their income and costs for the next 12 months.
- The municipality also needs to provide the program's reserve and ending fund
- The municipality's cost allocation method(s) for expenses.
- The municipality shows how they relate their costs to a revenue source they
- Reasons why the fee is reasonable.
- Reasonableness of the proposed fees depends on several factors:
- The municipality must include information that its fees are comparable
to fees charged by other programs. To show this, the municipality needs to
provide information on what jurisdictions of similar size and location charge
for the same level of service.
- The municipality must establish that it arrived at its result through the
same or similar calculation methods used by other municipalities.
- A municipality needs to explain that the fee itself is the same type as
those charged by other municipalities for similar services.
- A municipality must meet the procedural requirements in statute and rule
in order for a fee to be "reasonable."
- Expected changes to the municipality's program after the fee change.
The above information must be sent to the division within 15 days of the appeal. The
division may request additional information, if needed.