Chehalis Temporarily Suspends $100 Business Right-Of-Way Permit Fee

Posted

The Chehalis City Council, after an insurance audit conducted by the Washington Cities Insurance Authority noted an often unenforced provision of municipal code, voted to delay the collection of certain permit fees from businesses that use sidewalk space adjacent to their buildings.

The decision came after city community development staff issued letters to business owners that the provision would be enforced in 2019, meaning businesses that set up signs or temporary structures on their sidewalks would pay a $100 annual right-of-way permit fee.

“I’m not interested in seeing the city collect anything from those types of merchants because they’re just out there and if they are successful, the city is successful,” said Mayor Dennis Dawes.

Often-cited examples during a regularly scheduled meeting of the Chehalis City Council Monday evening included tables with wares or unobtrusive sidewalk signs — both of which typically are set outside during business hours only.

City Manager Jill Anderson said the $100 fee had been in place since about 2015. Since then, its annual payment relied heavily on the honor system, without much municipal follow-up on who was permitted to occupy adjacent sidewalk space.

Anderson said one of the concerns she’s been presented is that permanent and temporary structures are treated the same under municipal code, and both require the $100 permit fee. The city council voted unanimously to suspend the fee until an ordinance would be presented addressing and altering fee collection.



Anderson said the right-of-way permit provisions in municipal code are similar to many others throughout the state, and said she wasn’t certain if the code was taken directly from state recommendations. However, she said individual cities are able to alter them as best suits their municipalities.

“We just need to come to a point where it’s consistent for everyone and that it’s much clearer for everyone,” said Anderson, after noting some businesses have dutifully paid their $100 fee.

City staff and legal counsel will likely present a proposed ordinance at the next regularly scheduled meeting in January. Anderson said they’ll need to work something out that fits within their insurance requirements.

Local business owner Jerry Lord addressed the council and made a few recommendations on specifications to consider. One was to consider the width of sidewalk in certain parts of town.

“I would hope to see that there would be a difference in a 12-foot sidewalk and a 2-foot sidewalk,” he said.