(1) Upon completion of
rehabilitation or new construction for which an application for a
limited tax exemption under this chapter has been approved and
after issuance of the certificate of occupancy, the owner shall
file with the city the following:
(a) A statement of the amount of rehabilitation or
construction expenditures made with respect to each housing unit
and the composite expenditures made in the rehabilitation or
construction of the entire property;
(b) A description of the work that has been completed and a
statement that the rehabilitation improvements or new
construction on the owner's property qualify the property for
limited exemption under this chapter;
(c) If applicable, a statement that the project meets the
affordable housing requirements as described in RCW 84.14.020;
and
(d) A statement that the work has been completed within
three years of the issuance of the conditional certificate of tax
exemption.
(2) Within thirty days after receipt of the statements
required under subsection (1) of this section, the authorized
representative of the city shall determine whether the work
completed, and the affordability of the units, is consistent with
the application and the contract approved by the city and is
qualified for a limited tax exemption under this chapter. The
city shall also determine which specific improvements completed
meet the requirements and required findings.
(3) If the rehabilitation, conversion, or construction is
completed within three years of the date the application for a
limited tax exemption is filed under this chapter, or within an
authorized extension of this time limit, and the authorized
representative of the city determines that improvements were
constructed consistent with the application and other applicable
requirements, including if applicable, affordable housing
requirements, and the owner's property is qualified for a limited
tax exemption under this chapter, the city shall file the
certificate of tax exemption with the county assessor within ten
days of the expiration of the thirty-day period provided under
subsection (2) of this section.
(4) The authorized representative of the city shall notify
the applicant that a certificate of tax exemption is not going to
be filed if the authorized representative determines that:
(a) The rehabilitation or new construction was not completed
within three years of the application date, or within any
authorized extension of the time limit;
(b) The improvements were not constructed consistent with
the application or other applicable requirements;
(c) If applicable, the affordable housing requirements as
described in RCW 84.14.020 were not met; or
(d) The owner's property is otherwise not qualified for
limited exemption under this chapter.
(5) If the authorized representative of the city finds that
construction or rehabilitation of multiple-unit housing was not
completed within the required time period due to circumstances
beyond the control of the owner and that the owner has been
acting and could reasonably be expected to act in good faith and
with due diligence, the governing authority or the city official
authorized by the governing authority may extend the deadline for
completion of construction or rehabilitation for a period not to
exceed twenty-four consecutive months.
(6) The governing authority may provide by ordinance for an
appeal of a decision by the deciding officer or authority that an
owner is not entitled to a certificate of tax exemption to the
governing authority, a hearing examiner, or other city officer
authorized by the governing authority to hear the appeal in
accordance with such reasonable procedures and time periods as
provided by ordinance of the governing authority. The owner may
appeal a decision by the deciding officer or authority that is
not subject to local appeal or a decision by the local appeal
authority that the owner is not entitled to a certificate of tax
exemption in superior court under RCW 34.05.510 through 34.05.598, if the appeal is filed within thirty days of
notification by the city to the owner of the decision being
challenged.
[2007 c 430 § 9; 1995 c 375 § 12.]