3.78.100 Application review and issuance of conditional certificate.
A. Application Review. The planning director shall review an application for the MFTE program and determine if it complies with the requirements of this chapter and required findings set forth in RCW 84.14.060.
B. Approval. The planning director is authorized (pursuant to RCW 84.14.070(1)) to approve, approve with conditions, or deny an application. If an application is approved by the planning director, the approval, together with a contract between the applicant and the city regarding the terms and conditions under this chapter, signed by the applicant, shall be signed by the planning director.
1. A decision by the planning director to approve or deny an application shall be made within ninety days of receipt of a complete application.
C. Conditional Certificate. Once approved, the planning director shall issue a conditional certificate of acceptance of tax exemption. The certificate must contain a statement that the property has complied with the required findings in subsection (A) of this section. The conditional certificate expires three years from the date of approval unless an extension is granted as provided in this chapter.
D. Extension of Conditional Certificate. The conditional certificate may be extended by the planning director for a period not to exceed twenty-four consecutive months. The applicant must submit a written request stating the grounds for the extension, accompanied by a processing fee. An extension may be granted if the planning director determines that:
1. The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner;
2. The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence; and
3. All the conditions of the original contract between the applicant and the city will be satisfied upon completion of the project.
E. Denial of Application and Appeal. If the application is denied, the planning director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant’s last known address within ten days of the denial. An applicant may appeal a denial to the city council by filing a written appeal within thirty days of notification by the city to the applicant the application is denied. The appeal will be based upon the record made before the planning director with the burden of proof on the applicant to show that there is no substantial evidence on the record to support the planning director’s decision. The decision of the city council in denying or approving the application is final. (Ord. 3954-23 § 1 (Exh. 1), 2023; Ord. 3635-18 § 2, 2018. Formerly 3.78.070.)