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ORDINANCE Page 14 of 17 <br />1. The anticipated failure to complete construction or rehabilitation within the required time <br />period is due to circumstances beyond the control of the owner; <br />2. The owner has been acting and could reasonably be expected to continue to act in good faith <br />and with due diligence; and <br />3. All the conditions of the original contract between the applicant and the city will be satisfied <br />upon completion of the project. <br />E. C. Denial of Application and Appeal. If the application is denied, the planning director shall state in <br />writing the reasons for denial and shall send notice to the applicant at the applicant’s last known <br />address within ten days of the denial. An applicant may appeal a denial to the City Council hearing <br />examiner by filing a written appeal within thirty days of notification by the city to the applicant the <br />application is denied. The appeal will be based upon the record made before the planning director with <br />the burden of proof on the applicant to show that there is no substantial evidence on the record to <br />support the planning director’s decision. The decision of the City Council hearing examiner in denying or <br />approving the application is final. <br />3.78.110 080 Application for final certificate. <br />Upon completion of the improvements provided in the contract between the applicant and the city and <br />upon issuance of a temporary or permanent certificate of occupancy, the applicant may request a final <br />certificate of tax exemption. The applicant must file with planning director such information as the <br />planning director may deem necessary or useful to evaluate eligibility for the final certificate and shall <br />include: <br />A. A statement of the amount of rehabilitation or construction expenditures made with respect to each <br />multifamily housing unit and the total expenditures made in the rehabilitation or construction of with <br />respect to the entire property; <br />B. A description of the completed work and a statement that the rehabilitation improvements or new <br />construction on the owner’s property qualify the property for limited exemption under this chapter; of <br />qualification for the exemption; <br />C. A statement that the work was completed within the required three-year period or any authorized <br />extension; Within thirty days of receipt of all materials required for a final certificate, the planning <br />director shall determine whether the improvements satisfy the requirements of this chapter; <br />D. If applicable, a statement that the project meets the affordable housing requirements as described in <br />RCW 84.14.020 and as required by this chapter; <br />E. A housing market study, representative of current conditions, that includes the comparable rents or <br />sales prices, as applicable, for other multifamily housing in the neighborhood market area, and the <br />market rent or sales price for each of the MFTE units proposed to be designated under this chapter; and <br />F. A statement confirming that the documentation on file of the type and organizational structure of the <br />owner, signature block for the owner, and authority of the owner representative that signed the <br />contract is all current and accurate. <br />3.78.120 090 Issuance of final certificate.