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A. Involuntary Cancellation. Pursuant to RCW 84.14.110, if at any time the Director determines the owner/applicant has not complied with the terms of the contract or with the requirements of this chapter, or that the property no longer complies with the terms of the contract or with the requirements of this chapter, or for any reason no longer qualifies for the tax exemption, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law. This cancellation may occur in conjunction with the annual review or at any other time when noncompliance has been determined.

B. Voluntary Cancellation. If the owner intends to convert the multifamily housing to another use, or, if applicable, the owner intends to discontinue compliance with the affordable housing requirements as described in RCW 84.14.020, or any other condition to exemption, the owner shall notify the Director and the Snohomish County Assessor within sixty (60) days of the change in use or intended discontinuance. Upon such change in use or discontinuance, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law.

C. Effect of Cancellation. If a tax exemption is canceled due to a change in use or other noncompliance, the Snohomish County Assessor shall comply with applicable state law to impose additional taxes, interest and penalties on the property, and a priority lien may be placed on the land, pursuant to state law.

D. Notice and Appeal. Upon determining that a tax exemption is to be canceled, the Director shall notify the property owner by certified mail, return receipt requested. The property owner may appeal the determination by filing a notice of appeal with the City Clerk within thirty (30) days, specifying the factual and legal basis for the appeal. The Hearing Examiner shall conduct a hearing at which the owner and the City will be heard and all competent evidence received. The Hearing Examiner shall affirm, modify, or repeal the decision to cancel the exemption based on the evidence received. (Ord. 2366, 2019)

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