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A. The director may cancel the tax exemption if the property owner breaches any term of the MFTE contract or any part of this chapter. Reasons for cancellation include but are not limited to the following:

1. Failure to file the annual certification or filing a defective certification.

2. Violation of any applicable zoning requirements, land use regulations, or building and housing code requirements contained in the Bothell Municipal Code. Timely and cooperative resolution of the violation(s) may serve as a mitigating factor in the Director’s decision of whether to cancel the exemption.

3. Conversion of the multifamily housing to another use. The owner shall notify the director and the county assessor within no less than 60 days of the intended change in use. Upon such change in use, the tax exemption shall be canceled pursuant to this section.

4. Noncompliance with BMC 3.90.120 for affordable units. In the event an affordable unit is rented to a household other than an eligible household, or at a rental rate greater than prescribed in the MFTE covenant referenced in BMC 3.90.060, the property tax exemption for the property shall be canceled pursuant to this section.

B. Upon cancellation of the exemption for any reason, the property owner shall be immediately liable for all taxes, interest, and penalties in accordance with Chapter 84.14 RCW. Upon determining that a tax exemption shall be canceled, the director shall notify the property owner by certified mail, return receipt requested.

C. Within 30 days of the date of notice of cancellation, 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.

D. Failure to submit the annual declaration may result in cancellation of the tax exemption pursuant to this section. (Ord. 2358 § 1, 2021).