Resolution 2025-XX Page 1 of 2
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
AMENDING SECTIONS I (GENERAL AND MISCELLANEOUS) OF THE
MASTER FEE SCHEDULE REGARDING APPEALS RELATED TO
TITLE 15 (BUILDINGS AND CONSTRUCTION)
WHEREAS, on March 1, 1994 the City Council adopted Resolution No. 8672, as amended from time to time, establishing the City’s Master Fee Schedule, fixing and establishing fees, rates and charges for goods and services provided by the City of Fremont; and WHEREAS, on September 17, 2024, the City introduced Ordinance No. 07-2024 to create a local building appeals board pursuant to Section 1.8.8 of the 2022 California Building Code and California Health and Safety Code Sections 17920.5 and 17920.6; and WHEREAS, on September 17, 2024, the City Council adopted Resolution No. 2024-38 amending the Master Fee Schedule and establishing a fee of $2,101 for all appeals to the Building Appeals Board; and
WHEREAS, the Building Appeals Board flat appeal fee of $2,101 is being replaced with separate appeal fees for administrative citations, Building Official determinations or other non- specified appeals, and notice and order to abate nuisance or notice and order to vacate to more specifically reflect the actual hearing cost of the Building Appeal Board hearing.
NOW, THEREFORE, based on the information set forth in the report to City Council dated February 18, 2025, as well as any information submitted to the City Council during the public hearing, or considered by the City Council during its deliberations on this matter, the City Council of the City of Fremont hereby resolves as follows:
SECTION 1. Section I, P., General and Miscellaneous, of the Master Fee Schedule is amended to rescind the existing $2,101 Building Appeals Board fee and replace it with three appeal fees as follows:
Section I.P.9. – Building Appeals Board
• Section I.P.9.a – Administrative Citation Appeals: Fee at a rate equivalent to 1½-hour at the Administrative Assistant classification hourly rate at step 5 and 1-hour of the Building Official hourly rate at the top of the pay range as specificized in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar.
Fee Basis and Amount: $335 Flat Fee per Citation
• Section I.P.9.b – Building Official Decisions/Determinations or Other Non-specified Appeals: Fee at a rate equivalent to 1½-hour at the Administrative Assistant classification hourly rate at step 5, 3-hours of the Plan Check Professional classification hourly rate at
Resolution 2025-XX Page 2 of 2
step 5, and 1-hour of the Building Official hourly rate at the top of the pay range as specificized in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar.
Fee Basis and Amount: $770 Flat Fee per Item
• Section I.P.9.c – Notice/Order to Abate Nuisance & Order to Vacate: Appeal of Building Official determination/decision to Building Appeals Board based on FMC Title 15 (Building & Safety). Development Services Billing Process specified in Section I.H is applicable to Building Official determinations/decisions based on FMC Title 15 (Building & Safety).
Fee Basis and Amount: Actual Cost of Appeal, except costs for Code Enforcement and City Attorney staff time will not be charged to the appellant; $960 Deposit
SECTION 2. The Master Fee Schedule (as adopted by Resolution No. 8672, and as amended thereafter) is on file in the Office of the City Clerk.
ADOPTED ____________, 2025, by the City Council of the City of Fremont by the following vote, to wit, and to be effective 60 days following this date:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney