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When a local jurisdiction changes their fees, they must submit notice of the time and place for public comment prior to the fee's adoption by the local governmental body. A fee's adoption date and the fee's effective date may be different. Once the division receives the notice of the hearing, interested parties have 60 days to appeal the fee increase.
Who may appeal?
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:
The above information must be sent to the division within 15 days of the appeal. The division may request additional information, if needed.
Who may change fees?
ORS 455.210 requires local programs to adopt permit and inspection fees by ordinance. The steps involved in crafting ordinances may vary from one jurisdiction to the next. Once the local jurisdiction drafts a proposed fee change or increase ordinance, it notifies the Building Codes Division at least 45 calendar days before the adoptive date of the increase, which may be different than the effective date. In the notice, the building official provides the following information:
After receiving the notice, the Building Codes Division notifies interested persons. The division does not review the notice for legal sufficiency.
Fees may be appealed within 60 calendar days after the fee is adopted. Please note that the adoptive date could precede the effective date by several months.
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