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4. The owner and the planning director cannot come to an agreement on the allocation of the <br /> value of the improvements allocated to the exempt portion of rehabilitation improvements, <br /> new construction and multi-use new construction; <br /> 5. If applicable, the project does not meet the affordable housing requirements as set forth in this <br /> ordinance. <br /> B. Within thirty days of notification by the city to the owner of the planning director's denial of a final <br /> certificate of tax exemption, the applicant may file a written appeal with the hearing examiner <br /> specifying the factual and legal basis for the appeal. <br /> 10. Annual compliance review and report. <br /> A. Within thirty days after the first anniversary of the date of filing the final certificate of tax exemption <br /> and each year thereafter, for the tax exemption period, the property owner shall file a notarized <br /> declaration with the planning director indicating the following: <br /> 1. A statement of occupancy and vacancy of the multifamily units during the previous year; <br /> 2. A certification that the property continues to be in compliance with the contract with the city; <br /> 3. A description of any subsequent improvements or changes to the property; and <br /> 4. If applicable, that the property has been in compliance with the affordable housing <br /> requirements of this ordinance. <br /> City staff shall also conduct on-site verification of the declaration. Failure to submit the annual <br /> declaration may result in the tax exemption being canceled. <br /> B. The city shall annually report by December 31'of each year to the Washington State Department of <br /> Commerce information as set forth in RCW 84.14.100(2). <br /> 11. Cancellation of tax exemption. <br /> If at any time the planning director determines the owner has not complied with the terms of the <br /> contract or with the requirements of this ordinance, or that the property no longer complies with the <br /> terms of the contract or with the requirements of this ordinance, or for any reason no longer qualifies <br /> for the tax exemption, the tax exemption shall be canceled and additional taxes, interest and penalties <br /> imposed pursuant to state law.This cancellation may occur in conjunction with the annual review or at <br /> any other time when noncompliance has been determined. If the owner intends to convert the <br /> multifamily housing to another use, or, if applicable,the owner intends to discontinue compliance with <br /> the affordable housing requirements as required in this ordinance, or any other condition to exemption, <br /> the owner must notify the planning director and the Snohomish County assessor within sixty days of the <br /> change in use or intended discontinuance. Upon such change in use or discontinuance, the tax <br /> exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law. <br /> A. Effect of Cancellation. If a tax exemption is canceled due to a change in use or other noncompliance, <br /> the Snohomish County assessor shall comply with applicable state law to impose additional taxes, <br /> interest and penalties on the property, and a priority lien may be placed on the land, pursuant to <br /> state law. <br /> B. Notice and Appeal. Upon determining that a tax exemption is to be canceled,the planning director <br /> shall notify the property owner by certified mail, return receipt requested.The property owner may <br /> appeal the determination by filing a notice of appeal with the hearing examiner within thirty days, <br /> specifying the factual and legal basis for the appeal.The hearing examiner will conduct a hearing at <br /> which the applicant and the city will be heard and all competent evidence received.The hearing <br /> examiner will affirm, modify, or repeal the decision to cancel the exemption based on the evidence <br /> received. <br /> Multifamily Tax Exemption 7 11/21/18 <br />