A. Final Certificate Request. Upon completion of the improvements provided in the contract between the owner and the City and upon issuance of a temporary or permanent certificate of occupancy, the owner may request a final certificate of tax exemption.
B. Procedure to Request Final Certificate. The owner shall file with Director such information as the Director may deem necessary or useful to evaluate eligibility for the final certificate and shall include, at a minimum:
1. A statement of expenditures made with respect to each multifamily housing unit and the total expenditures made with respect to the entire property;
2. A description of the completed work and a statement of qualification for the exemption;
3. Any additional information requested by the City pursuant to meeting any reporting requirements under Chapter 84.14 RCW;
4. A statement that the work was completed within the required three (3) year period or any authorized extension;
5. If applicable, a statement that the project meets the affordable housing requirements as described in RCW 84.14.020;
6. If applicable, an executed covenant in recordable form as approved by the City Attorney limiting rental of the dwelling units to low- and/or moderate-income households.
C. Final Certificate Decision. Within thirty (30) days of receipt of all materials required for a final certificate, the Director shall determine whether the improvements satisfy the requirements of this chapter.
1. If the Director determines that the project has been completed in accordance with the contract between the owner and the City and has been completed within the authorized time period, the City shall, within ten (10) days following the expiration of the thirty (30) day period specified in subsection C of this section, file a final certificate of tax exemption with the Snohomish County Assessor.
2. Within ten (10) days following the expiration of the thirty (30) day period specified in subsection C of this section, the City shall notify the owner in writing that a final certificate will not be filed if the Director determines that:
a. The improvements were not completed within the authorized time period;
b. The improvements were not completed in accordance with the contract between the owner/applicant and the City;
c. The owner’s property is otherwise not qualified under this chapter;
d. The owner and the Director cannot come to an agreement on the allocation of the value of the improvements allocated to the exempt portion of rehabilitation improvements, new construction and multi-use new construction;
e. If applicable, the project does not meet the affordable housing requirements as described in RCW 84.14.020.
D. Appeal of Denial. Within thirty (30) days of notification by the City to the owner of the Director’s denial of a final certificate of tax exemption, the owner may file with the City Clerk a written appeal specifying the factual and legal basis for the appeal along with the appropriate fee as established by City Council resolution. Said appeal shall be heard by the City’s Hearing Examiner. (Ord. 2366, 2019)