RESOLUTION AUTHORIZING FORGIVING OF PERMIT FEES.DOCX
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RESOLUTION
C-
RESOLUTION OF DELEGATION OF AUTHORITY
TO FORGIVE/WAIVE STALE DATED BUILDING PERMIT FEES
WHEREAS, the Maricopa County Board of Supervisors has organized and staffed
the Planning and Development Department (Department) for the purpose of issuing and
administering building permits in unincorporated Maricopa County; pursuant to the
International Building Code and Section 208 of the Maricopa County Local Additions and
Addenda adopted by the Board; and,
WHEREAS, in connection with the issuance and administration of building permits,
the Department is authorized to charge fees for permits and other services provided by
the Department; and,
WHEREAS, from time to time, applications for building permits are processed but
all of the required fees are not paid, resulting in accounts receivable for the Department;
and,
WHEREAS, the unpaid building permit fees are not liens against the property,
meaning if the property is subsequently sold, the purchaser would be unaware that these
fees are owed; and,
WHEREAS, if the fees are substantial, they may thwart the ability of a prospective
purchaser to purchase and/or develop the property; and
WHEREAS, there comes a time where these fees become stale and uncollectable,
other than if the Department were to insist that a subsequent owner pay the fees as a
precondition to development of the property; and
WHEREAS, pursuant to A.R.S. §§11-251 (1)), the Board desires to delegate and
empower the Director with certain duties, powers and authority, all as more fully set forth
below in furtherance of forgiving the collection of stale building permit fees.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby
delegates to the Director authority to forgive fees in connection with applications for
building permits under the following conditions:
1. The date the Department closed or terminated the application for building
permit is ten (10) or more years from the date the Director will forgive the fees;
and
2. The current record owner of the property for which the fee is owed is a bona-
fide third purchaser for value in the chain of title of the property owner at the
time the application for building permit was filed.
BE IT FURTHER RESOLVED that this authority is delegated pursuant to A.R.S.
§§11-251 (1).
UNANIMOUSLY PASSED AND ADOPTED by the Maricopa County Board of
Supervisors, Maricopa County, Arizona, this day of , 2020.
Clint Hickman, Chairman
Date
Attest:
Fran McCarroll, Clerk of the Board
Date
Approved as to Form:
Deputy County Attorney
Date