Dec 11, 2004 By Jennifer Harr 2 min read

Fayette County property owners will not have to pay a filing fee to appeal the assessed value of their property. Both Commission Chairwoman Angela Zimmerlink and Commissioner Vincent A. Vicites expressed concern over initiating the fee at Friday’s business meeting, and it was not approved.

At the agenda meeting earlier the month, Chief Assessor James A. Hercik, CPE, proposed a $25 fee for residential appeals and $100 fee for commercial property appeals.

Zimmerlink said charging for the assessment appeals would put a burden on taxpayers who feel they are being treated unfairly. Although solicitor Joseph E. Ferens Jr. said at this month’s agenda meeting that a filing fee could weed out people who are filing frivolous appeals, Zimmerlink said it was the commissioners’ duty to hear the appeals and decide if they are frivolous.

“I think we owe that to the property owners,” she said.

Hercik said at the agenda meeting that roughly 18 percent of those who filed appeals abandoned them by not showing up for the hearing. That, he said, could put a burden on the commissioners, who have made time to hear the appeals.

Zimmerlink said she also disagreed with that. In the times that property owners did not show up for their scheduled hearings, Zimmerlink said she was able to do other work.

Vicites said he was hesitant to vote in favor of the proposal for a different reason.

“There’s not case law (supporting the fees), so there’s nothing to hang our hats on,” he said.

Hercik said that the assessment act neither authorizes nor bars charging for the appeals, and noted that past and current solicitors concur with that opinion. Zimmerlink said she would consider the proposal again at a later date if Hercik could find a way to charge only those who initiated, but did not follow through with an appeal hearing.

Commissioner Joe Hardy made a motion for the fees, but without a second, his motion went nowhere.