3.38.110 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 upon 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 on the owner’s compliance with the affordability requirements in RMC 3.38.120.
B. 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.
C. If the director determines that the project has been completed in accordance with the MFTE contract between the City and owner, and with subsection A of this section, the City shall file a final certificate of tax exemption with the assessor within 10 days of the expiration of the 30-day period provided under subsection B of this section.
D. The Director is authorized to cause to be recorded, or to require the owner to record, in the real property records of the King County Department of Records and Elections, the contract with the City required under subection A, 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.
E. The Director shall notify the owner in writing that the City will not file a final certificate if the Director determines that 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 if 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.
F. 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 as established by resolution specifying the factual and legal basis for the appeal. The appeal shall be heard by the City’s Hearing Examiner pursuant to RMC 3.38.150. (Ord. 2892 § 3 (part), 2017).