3.80.110 Cancellation of tax exemption.
(1) Cancellation of the tax exemption may result if the Director determines that:
(a) The owner is not complying with the terms of the contract or this chapter;
(b) The use of the property is changed or will be changed to a use that is other than residential;
(c) The project violates applicable zoning requirements, land use regulations, building or fire code requirements; or
(d) The owner fails to submit the annual declaration and report specified in CMC 3.80.100.
(2) If the property no longer qualifies for the tax exemption, the tax exemption shall be canceled and the King County Assessor shall comply with applicable State law to impose additional taxes, interest, and penalties on the property, and a priority lien may be placed on the land pursuant to State law.
(3) Cancellation may occur in conjunction with the annual review or at any such time noncompliance has been determined.
(4) If the owner intends to convert the multifamily housing to another use, the owner shall notify the Director and the King County Assessor in writing within 60 calendar days of the change in use. Upon such change in use, the tax exemption shall be canceled and additional taxes, interest, and penalties shall be imposed pursuant to State law.
(5) Notice and Appeal. Upon determining that a tax exemption is to be canceled, the Director shall notify the owner by mail, return receipt requested. The owner may appeal the determination by filing a notice of Hearing Examiner appeal and appeal fee with the City Clerk within 30 calendar days, specifying the factual and legal basis for the appeal. The Hearing Examiner will conduct a hearing pursuant to Chapter 14.45 CMC. (Ord. 13-12 § 1 (Exh. 1); Ord. 05-12 § 1 (Exh. 1))