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3.50.040 Director’s Authority.
This section is included in your selections.

A. General Authority. The Director of the Department of Planning and Development Services is charged with the administration and enforcement of the provisions of this chapter.

B. Recording. The Director is authorized to cause to be recorded, or to require the owner to record, in the real property records of the Snohomish County Auditor, the multifamily housing covenant which the City required under SMC 3.50.070, and such other document(s) as will identify such terms and conditions of eligibility for exemption under this chapter as the Director deems appropriate for recording, including requirements under this chapter relating to affordability of units.

C. Power to Correct Errors. The Director may amend an administrative decision to correct errors clearly identifiable from the public record. Such a correction does not affect any time limit provided for in this chapter.

D. Power to Clarify. The Director may clarify a statement in a written administrative decision.

E. Power to Adopt Procedures. The Director may develop, adopt, and carry out procedures as needed to implement this code.

F. Power to Modify Fees. The Director is also delegated authority to modify fees for the multifamily housing application and other related procedures in order to cover the costs incurred by the City and the Assessor in administering this chapter; provided, that the increase shall not exceed the most recently published Consumer Price Index (CPI) – Wage Earners and Clerical Workers for the Seattle-Tacoma area, as published by the U.S. Department of Labor – Bureau of Labor Statistics. If an increase greater than the CPI is necessary to cover the City’s costs, the Director shall submit the increase to the City Council for approval.

G. Interpretation.

1. Responsibility. The Director of the City’s Department of Planning and Community Development or his/her designee shall be responsible for interpreting the provisions of this chapter, except where expressly provided otherwise.

2. Request for Interpretation. Any interested person may apply for an interpretation of this chapter where this chapter, or its application to specific circumstances, is ambiguous, i.e., where this chapter is susceptible to two (2) or more reasonable interpretations. Interpretations of this chapter shall not be considered land use decisions, however, and shall not be subject to appeal to the Superior Court under the Land Use Petition Act (“LUPA”). (Ord. 2366, 2019) (Ord. 2366 § 2 (Exh. A), 2019.)

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