HomeMy WebLinkAboutItem 4.16 - 2019 Appeal Building Permit
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STAFF REPORT
CITY COUNCIL
DATE: May 15, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Appeal of Building Permit Penalty Fee Enforcement
Prepared by: Lauren Quint, Assistant City Attorney
EXECUTIVE SUMMARY:
The City Council will consider an appeal by a homeowner related to a decision of the
Chief Building Official to charge a penalty fee for work started without a building permit.
Because the homeowner immediately sought to obtain a permit upon being informed of
the permit requirement, Staff recommends that the City Council grant the appeal and
reimburse the property owner the amount of $396.
STAFF RECOMMENDATION:
Grant the appeal and authorize Staff to reimburse the penalty fee in the amount of
$396.
FINANCIAL IMPACT:
None, other than the reimbursement of $396.
DESCRIPTION:
A homeowner timely appealed the decision of the Chief Building Official to impose a
penalty fee for work started without permits.
Dublin Municipal Code section 7.28.280(A) states that “no person shall install, erect,
construct, enlarge, add to, alter, repair, move, remove, demolish, convert, occupy, equip
or improve any building or structure, any electrical, plumbing or mechanical installation
or cause the same to be done without first obtaining a permit from the Building Official.”
On April 4, 2018, City officials discovered that the homeowner had begun construction
for a bathroom remodel without having obtained necessary permits. Officials spoke to a
resident of the home and posted a stop work order on the mailbox located right next to
the front door.
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That afternoon, the homeowner came to the City of Dublin to pull the appropriate permit
and requested that the City waive the code enforcement fee. He sta ted that he did not
know that a permit was required for this kind of work.
In compliance with Dublin Municipal Code section 7.28.430(C), the Chief Building
Official charged a penalty fee equal to the permit fee. The relevant section states that,
“Where work for which a permit is required by this chapter is started or proceeds prior to
obtaining such permit, a penalty fee, in addition to the permit fee, shall be assessed as
follows:
Violation within two-year period Penalty fee
First Equal to the permit fee
Second Double the permit fee
Third and subsequent Ten times the permit fee
The Homeowner filed an appeal in compliance with Municipal Code 7.28.260. A copy of
the appeal is attached as Attachment 1. That particular section allows the City Council
to “vary the application of provisions” of the building regulations in specific cases where
the City Council determines that enforcement would be contrary to the spirit and
purpose of the building regulations or to the public interest.
Given that the homeowner acted to obtain the permit immediately upon contact by City,
Staff recommends that the City Council reimburse the penalty fee on the grounds that
the enforcement of the fee would be contrary to the public interest because the property
owner immediately complied upon being informed of the permit requirement.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Appeal Letter