3.90.110 Final certificate – Application – Issuance – Denial and appeal.
A. Upon completion of construction as provided in the MFTE contract between the owner and the city, and after issuance of a certificate of occupancy, the owner may request a final certificate of tax exemption. The owner shall file with the director such information as the director may deem necessary or useful to evaluate eligibility for the final certificate, and shall include:
1. A statement of expenditures made with respect to each multifamily housing unit, including phasing if applicable, 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. A statement that the work was completed within the required three-year period or any approved extension; and
4. Information to confirm the owner’s compliance with the affordability requirements in BMC 3.90.120.
B. Fee.
1. At the time of application under this section, the owner shall pay to the city an application fee as established by resolution of the city council. In addition, at the time of application under this section, the owner shall pay to the city a fee in an amount necessary to cover the county assessor’s administrative costs.
2. If the director approves the application under this section, the city shall forward the fee for the county assessor’s administrative costs to the county assessor. If the director denies the application, the city shall refund the fee for the assessor’s administrative costs to the owner following expiration of the appeal period specified in subsection E of this section. In the event the owner appeals the director’s decision to deny, the city shall refund the fee for the assessor’s administrative costs to the owner within 30 days of a final decision on appeal sustaining the director’s decision. In the event the director’s decision is overturned on appeal, no portion of the fee shall be refunded.
C. Within 30 days of receipt of all materials required for a final certificate, the director shall determine whether the completed work is consistent with the application and MFTE contract and is qualified for limited exemption under RCW 84.14.060, and which specific improvements completed meet the requirements of this chapter and the required findings of RCW 84.14.060, now or hereafter amended.
D. If the director determines that the project has been completed in accordance with the MFTE contract between the city and owner, and the owner’s application complies with subsection A of this section, the city shall file a final certificate of tax exemption with the county assessor within 10 days of the expiration of the 30-day period provided under subsection B of this section. The director shall notify the owner in writing that the city will not file a final certificate if the director determines that:
1. The project was not completed within the required three-year period or any approved extension or was not completed in accordance with subsection B of this section; or
2. The director determines that the owner’s property is not otherwise qualified under this chapter; or if the owner and the director cannot agree on the allocation of the value of the improvements allocated to the exempt portion of new construction and multiuse new construction.
E. Within 30 days of the date of notice of denial of final certificate, the owner may file a notice of appeal with the city clerk, along with the appeal fee established by resolution of the city council, specifying the factual and legal basis for the appeal. The appeal shall be heard by the city’s hearing examiner pursuant to BMC 3.90.150. (Ord. 2358 § 1, 2021).