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Building Inspection Commission denies fee-waiver request from Lakewood Tenants Association
Summary
The Building Inspection Commission denied a request by the Lakewood Tenants Association to waive $748 filing fees for three appeals, concluding the commission lacks authority to waive those fees except on indigency grounds; commissioners encouraged the petitioners to use established indigency forms or file the appeals.
The Building Inspection Commission on Sept. 21 denied a request from the Lakewood Tenants Association to waive filing fees for three appeals related to enforcement at Lakewood Apartments.
Ross Wilkinson asked the commission to waive the $748 filing fee per appeal, arguing the fee is a practical barrier for tenants who want the Department of Building Inspection to enforce code violations. "The appeal that's being brought...they shut off the ventilation in the corridors to save themselves some money," Wilkinson said, describing a series of enforcement failures the tenants have experienced.
The City Attorney representative advised that the commission may waive fees in cases of indigency but otherwise must follow fee schedules adopted by the Board of Supervisors. Commissioners said they were sympathetic to the tenants’ concerns about enforcement but concluded they lacked authority to defer or reduce the fee absent an indigency finding. Commissioner Walker moved to deny the waiver; the motion carried by roll call vote.
Commissioners noted tenants remain free to file appeals and to use the Board of Appeals' indigency process if they qualify; they also encouraged continued dialogue with DBI about enforcement processes.
