Chapter 3.70
PROPERTY TAX INCENTIVES IN RESIDENTIAL TARGETED AREAS

Sections:

3.70.010    Purpose.

3.70.020    Findings.

3.70.030    Definitions.

3.70.040    Residential targeted area designation criteria.

3.70.050    Residential targeted area designated.

3.70.060    Residential targeted area standards and guidelines.

3.70.070    Multiple-unit tax exemption – Eligibility and requirements.

3.70.080    Application procedures.

3.70.090    Application review and issuance of conditional certificate.

3.70.100    Application for final certificate.

3.70.110    Issuance of final certificate.

3.70.120    Annual compliance review.

3.70.130    Cancellation of tax exemption.

3.70.140    Appeals to hearing examiner.

3.70.010 Purpose.

As provided in RCW 84.14.007, it is the purpose of this chapter to encourage increased residential housing opportunities, including affordable housing opportunities, within urban centers within the city of Puyallup where there are insufficient housing opportunities. It is further the purpose of this chapter to stimulate the construction of new multiple-unit housing and the rehabilitation of existing vacant and underutilized buildings for multiple-unit housing in urban centers having insufficient housing opportunities that will increase and improve residential opportunities within such urban centers. To achieve these purposes, this chapter provides for special valuations for eligible improvements associated with multiple-unit housing, including affordable housing, in residentially deficient urban centers located within the city of Puyallup. (Ord. 3293 § 1, 2023; Ord. 2897 § 1, 2008; Ord. 2753 § 1, 2003).

3.70.020 Findings.

The city council has determined that the residential targeted area(s) designated in this chapter are located within an urban center; that they lack sufficient available, desirable, and convenient residential housing to meet the needs of the public who would be likely to live in the urban center, if the desirable, convenient, attractive, affordable, and livable places to live were available; and that providing additional housing opportunities in designated areas will assist in achieving one or more of the stated purposes of this chapter. The city council further finds that development of a variety of additional housing units in the city’s urban center will attract and maintain residents, thus making the area more vibrant, through better business, entertainment and cultural activities. Development of additional housing within the urban center of the city of Puyallup will help to achieve the planning goals mandated by the Growth Management Act under RCW 36.70A.020. The tax incentives provided in this chapter will stimulate the creation of new and enhanced residential structures, opportunities, and uses within the city’s urban center, benefiting and promoting the public health, safety and welfare in the city’s urban center. (Ord. 3293 § 1, 2023; Ord. 2897 § 2, 2008; Ord. 2753 § 1, 2003).

3.70.030 Definitions.

“Affordable housing” means residential housing that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household’s monthly income. For the purposes of housing intended for owner occupancy, “affordable housing” means residential housing that is within the means of low- or moderate-income households as defined by Chapter 84.14 RCW.

“Area median income” means the annual median family income for the metropolitan statistical area, as published from time to time by the United States Department of Housing and Urban Development (HUD), with adjustments according to household size, which adjustments shall generally be based upon a method used by HUD to adjust income limits for subsidized housing, which for purposes of determining affordability of rents or sale prices shall be based on the average size of household that corresponds to the size and type of the housing unit.

“City” means the city of Puyallup.

“Director” means the city manager or other city staff as may be designated in writing by the city manager.

“Household” means a single person, family, or unrelated persons living together.

“Multiple-unit housing” means a building or group of buildings having four or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multiple-unit units may result from new construction, or rehabilitation or conversion of vacant or underutilized or substandard buildings to multiple-unit housing.

“Owner” means the property owner of record.

“Permanently affordable homeownership” means homeownership that, in addition to meeting the definition of “affordable housing” in RCW 43.185A.010, is:

(a) Sponsored by a nonprofit organization or governmental entity;

(b) Subject to a ground lease or deed restriction that includes:

(i) A resale restriction designed to provide affordability for future low- and moderate-income homebuyers;

(ii) A right of first refusal for the sponsor organization to purchase the home at resale; and

(iii) A requirement that the sponsor organization must approve any refinancing, including home equity lines of credit; and

(c) Sponsored by a nonprofit organization or governmental entity and the sponsor organization:

(i) Executes a new ground lease or deed restriction with a duration of at least 99 years at the initial sale and with each successive sale; and

(ii) Supports homeowners and enforces the ground lease or deed restriction.

“Permanent residential occupancy” means multiple-unit housing that provides either owner occupant housing or rental accommodations that are leased for a period of at least one month on a nontransient basis. This excludes accommodations that offer occupancy on a transient basis such as hotels and motels that predominantly offer rental accommodations on a daily or weekly basis.

“Qualified nonprofit organization” means a corporation no part of the income of which is distributable to its members, directors or officers. This also includes any subsidiary or affiliate of such corporation. This corporation, and any of its subsidiaries and affiliates who participate in the program defined in this chapter, must demonstrate to the satisfaction of the director adequate experience, financing, and general ability to build or acquire multiple-unit affordable housing. This corporation, and its subsidiaries and affiliates, must also demonstrate adequate ability to operate, manage and assure continued function of multiple-unit affordable housing.

“Rehabilitation improvements” means modifications to existing structures that are vacant for 12 months or longer, that are made to achieve a condition of substantial compliance with existing building codes or modification to existing occupied structures which increase the number of multiple-unit housing units.

“Residential targeted area” means the area within or coterminous with the city’s urban center that has been designated by the city council as the residential targeted area in accordance with this chapter and Chapter 84.14 RCW as found by the city council to be lacking sufficient available, convenient, attractive, livable, and desirable residential housing to meet the needs of the public.

“Sponsor organization” means a qualified nonprofit or governmental entity which takes ownership and management responsibility of the affordable multiple-unit housing units constructed to qualify for the 20-year multiple-unit tax exemption program as defined in PMC 3.70.070(6).

“Urban center” means a compact identifiable district where urban residents may obtain a variety of products and services. (Ord. 3293 § 1, 2023; Ord. 2897 § 3, 2008; Ord. 2753 § 1, 2003).

3.70.040 Residential targeted area designation criteria.

Following notice and public hearing, or a continuance thereof, as prescribed in RCW 84.14.040, the city council may, in its sole discretion, designate all of or a portion of the residential targeted area described in the notice of hearing as the residential targeted area. The city council may, by ordinance, amend or rescind the designation of a residential target area at any time pursuant to the same procedure as set forth in this chapter for original designation. The designated targeted area must meet the following criteria, as found by city council in its sole discretion:

(1) The targeted area is located within an urban center as determined by the city council;

(2) The targeted area lacks sufficient available, attractive, convenient, desirable, and livable residential housing to meet the needs of the public who would be likely to live in the urban center, if such places to live were available; and

(3) The providing of additional housing opportunity in the targeted area will assist in achieving the stated purposes of RCW 84.14.007, namely:

(a) Encourage increased residential opportunities within the targeted area of the city of Puyallup; or

(b) Stimulate the construction of new multiple-unit housing and the rehabilitation of existing vacant and underutilized buildings for multiple-unit housing that will increase and improve residential opportunities within the city’s urban centers;

(4) In designating the residential targeted area, the city council may also consider other factors, including, but not limited to:

(a) Whether providing additional housing opportunities for low- and moderate-income households would meet the needs of citizens likely to live in the area if affordable housing were available;

(b) Which additional housing in the targeted area will attract and maintain a significant increase in the number of permanent residents;

(c) Whether additional housing in the targeted area will help revitalize the city’s urban center;

(d) Whether an increased residential population will help improve the targeted area and whether an increased residential population in the targeted area will help to achieve the planning goals mandated by the Growth Management Act under RCW 36.70A.020.

(5) The notice for the hearing has met the requirements of RCW 84.14.040. (Ord. 3293 § 1, 2023; Ord. 2753 § 1, 2003).

3.70.050 Residential targeted area designated.

(1) Residential Targeted Area Designated. The area hereby declared to be the residential targeted area of the city of Puyallup includes all properties that are:

(a) Within the downtown regional growth center or the South Hill regional growth center or the River Road corridor planned area as denoted in the official city of Puyallup comprehensive plan and that are zoned:

(i) Any commercial (C) zone as denoted on the official zoning map; or

(ii) Any multifamily residential (RM) zone as denoted on the official zoning map; or

(iii) Any mixed use (MX) zone as denoted on the official zoning map;

(2) If a part of any legal lot is within the residential targeted area, then the entire lot shall be deemed to lie within such area. (Ord. 3293 § 1, 2023; Ord. 2753 § 1, 2003).

3.70.060 Residential targeted area standards and guidelines.

For the designation of residential targeted area, the city council shall adopt basic requirements for both new construction and rehabilitation, including the application process and procedures. The city council may also adopt guidelines and requirements including the following:

(1) Requirements that address demolition of existing structures and site utilization; and

(2) Building requirements that may include elements addressing parking, height, density, environmental impact, public benefit features, compatibility with surrounding property, and such other amenities as will attract and keep permanent residents and will properly enhance the livability of the residential targeted area;

(3) A proposed project must meet the standards and guidelines listed in PMC 3.70.070(2) through (9). (Ord. 3293 § 1, 2023; Ord. 2753 § 1, 2003).

3.70.070 Multiple-unit tax exemption – Eligibility and requirements.

(1) Intent. Limited multiyear exemptions, as authorized by Chapter 84.14 RCW, from ad valorem property taxation for multiple-unit housing in the residential targeted area are intended to:

(a) Encourage increased residential opportunities within the urban center designated by the city council as a residential targeted area;

(b) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for multiple-unit housing in the residential targeted area to increase and improve housing opportunities;

(c) Assist in directing future population growth in the designated urban center; and

(d) Achieve development densities which are more conducive to transit use in the designated urban center.

(2) Duration of Tax Exemption. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this section is exempt from ad valorem property taxation. The project shall be exempt for either eight, 12, or 20 successive years of qualifying ad valorem taxes, beginning January 1st of the year immediately following the calendar year of issuance of the final certification. A project can only select one of the three possible durations of tax exemption (eight, 12, or 20 years) and must meet all qualifications listed for that duration of tax exemption to be eligible for it.

(3) Limits on Exemption. The exemption does not apply to the value of the land or to the value of improvements not qualifying under this chapter, nor does the exemption apply to increases in assessed valuation of land or nonqualifying improvements. Nonresidential portions of multiple-use projects with qualifying residential components shall not qualify for this exemption. In the case of rehabilitation of existing buildings, the exemption does not include the value of improvements constructed prior to submission of the completed application required under this chapter.

(4) Eight-Year Exemption Project Eligibility. A proposed project which meets all of the following qualifications shall be eligible to apply for eight successive years of tax exemption as defined in this chapter.

(a) Location. The project must be located within the residential targeted area as designated pursuant to PMC 3.70.050.

(b) Tenant Displacement Prohibited. If the property proposed to be converted or improved is not vacant or, in the case of applications for property to be developed as new construction which currently has a residential rental structure on it, an applicant shall:

(i) Provide each existing household a 120-calendar-day move notice.

(ii) If any household being provided a 120-calendar-day move notice is qualified as a low-income household, the applicant will provide the household with moving expenses according to the current Department of Transportation fixed residential moving costs schedule.

(iii) Provide housing of comparable size, quality, and price which meets standards acceptable to the city.

(iv) Provide each displaced tenant with the first right of refusal to rent or purchase the newly constructed or rehabilitated dwelling units.

(c) Size. The project must include at least four units of multiple-unit housing within a residential structure, a group of structures, or as part of a mixed-use development. A minimum of four new units must be constructed or at least four additional multiple-unit units must be added to existing occupied multiple-unit housing. The project can be a single building or group of buildings, but must contain a net increase of at least four dwelling units, and each building must meet the definition of a multiple-unit building. No residential structure in the project qualifying under the exemption may have fewer than two dwelling units. Property proposed to be rehabilitated with existing multiple-unit housing that has been vacant for 12 months or more does not have to provide additional multiple-unit units.

(d) Permanent Residential Housing. At least 50 percent of the space designated for multiple-unit housing must be provided for permanent residential occupancy, as defined in PMC 3.70.030, and only that portion of the space designated for multiple-unit housing shall be eligible for applicable exemption provided for by this chapter.

(e) Proposed Completion Date. New construction multiple-unit housing and rehabilitation improvements must be completed within three years from the date of approval of the application, plus any extension of time granted under PMC 3.70.090(2).

(f) Compliance With Guidelines and Standards. The project must be designed to comply with the city’s comprehensive plan, building, housing and zoning codes, and any other applicable regulations and standards in effect for the subject property at the time the applicant submits a fully completed application to the director. For the duration of the exemption granted under this chapter, the property shall have no violations of applicable zoning requirements, land use regulations, or building and housing ordinance requirements for which a notice of violation has been issued and is not resolved by compliance, withdrawal or other final resolution. The project must also comply with any other standards and guidelines adopted by the city for the residential targeted area in which the project will be developed.

(5) Twelve-Year Exemption Project Eligibility. A proposed project which meets all of the following qualifications shall be eligible to apply for 12 successive years of tax exemption as defined in this chapter:

(a) All requirements set forth in subsections (4)(a) through (f) of this section; and

(b) The applicant must commit to renting at least 20 percent of the multiple-unit housing units as affordable housing units to eligible low- and moderate-income households, and the property must satisfy that commitment; or

(c) The applicant must commit to selling at least 20 percent of the multiple-unit housing units as affordable housing units exclusively for owner occupancy to eligible low- and moderate-income households, and the property must satisfy that commitment.

(d) Affordable units intended for owner occupancy must be sold by the applicant with a covenant running with the land that prevents the use of the property as a rental unit and includes a resale restriction designed to maintain affordability for future low- and moderate-income homebuyers prior to the expiration of the exemption.

(e) For the 12-year exemption only: at the expiration of the exemption the applicant must provide tenant relocation assistance in an amount equal to one month’s rent to a qualified tenant within the final month of the qualified tenant’s lease. To be eligible for tenant relocation assistance under this subsection, the tenant must occupy an affordable unit at the time the exemption expires and must qualify as a low-income household under this chapter at the time relocation assistance is sought.

(6) If, in calculating the minimum proportion of the multiple-unit housing units in the project for affordable housing in this section, the number contains a fraction, then the minimum number of multiple-unit housing units for affordable housing shall be rounded up to the next whole number.

(7) For any affordable units required in this section, the following shall apply:

(a) The mix and bedroom configuration of affordable units (e.g., studio, one-bedroom, etc.) shall be substantially proportional to the mix and configuration of the total housing units in the project unless otherwise approved by the development and permitting services director, or designee;

(b) Affordable housing units shall be intermingled with all other units in the development; and

(c) The quality of construction in those affordable units used to qualify for the exemption shall be the same as other housing units in the project;

(d) Equal Access to Common Facilities. Tenants and owners of the affordable units shall have equal access to all amenities and facilities of the project, such as parking, fitness centers, community rooms, and swimming pools. If a fee is charged for the use of an amenity or facility, then all tenants and owners in the project must be charged equally for such use. If the city prohibits a fee for certain amenities or facilities included in the project, such as parking, the owner shall include such amenities or facilities in the rent or sale price of an affordable unit.

(8) Fees. The director is authorized to limit fees charged to eligible households upon move-in or transfer to an MFTE unit, including, but not limited to, property administrative fees, transfer fees, last month’s rent, and security deposits. Fees for credit checks, provided such fees are assessed for prospective tenants of all dwelling units, SEDUs, or congregate residence sleeping rooms in the multiple-unit housing, may be charged at cost. No eligible household may be charged fees for income verifications or reporting requirements related to the MFTE program.

(9) If improvements have been exempted under this chapter, the improvements shall continue to be exempted for the duration of the period applicable under this subsection, so long as they are not converted to another use and so long as they continue to satisfy all applicable conditions of the contract provided for by PMC 3.70.090. If the owner intends to convert the multiple-unit development to another use, or if applicable, if the owner intends to discontinue compliance with the affordable housing requirements as described in this section, or any other condition to exemption, the owner shall notify the assessor within 60 days, and shall, in all respects, be subject to the requirements of RCW 84.14.110. (Ord. 3293 § 1, 2023; Ord. 2897 § 4, 2008; Ord. 2753 § 1, 2003).

3.70.080 Application procedures.

A property owner who wishes to propose a project for a tax exemption shall comply with the following procedures:

(1) Prior to the issuance of any building permit therefor, the applicant shall submit an application to the director, on a form established by the director along with the required fees, as contained in the city’s fee schedule.

(2) A complete application shall contain such information as the director may deem necessary or useful, and shall include:

(a) A brief written description of the project and preliminary schematic site and floor plans of the multiple-unit units and the structure(s) in which they are proposed to be located setting forth the grounds for the exemption;

(b) A brief statement setting forth the grounds for qualification for exemption, and specifically identifying the low- or moderate-income elements of the proposed project;

(c) A statement from the owner acknowledging the potential tax liability when the project ceases to be eligible under this chapter; and

(d) Verification by oath or affirmation of the information submitted;

(e) For rehabilitation projects, the applicant shall also submit an affidavit that existing dwelling units have been unoccupied for a period of 12 months prior to filing the application and shall secure from the city verification of property noncompliance with the city’s building or housing ordinances. (Ord. 3293 § 1, 2023; Ord. 2897 § 5, 2008; Ord. 2753 § 1, 2003).

3.70.090 Application review and issuance of conditional certificate.

The director may certify as eligible an application which is determined to comply with the requirements of this chapter. A decision to approve or deny an application shall be made within 90 days of receipt of a complete application or concurrently with the issuance of the final SEPA determination for the proposed project, whichever is later. An application may be approved subject to such terms and conditions as deemed appropriate by the director to ensure the project meets the land use regulations of the city.

(1) Approval. If an application is approved by the director, the approval, together with a contract between the applicant and the city regarding the terms and conditions of the project, signed by the applicant, shall be presented to the city council for action. Once the contract is approved by the city council and fully executed, the director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate expires three years from the date of approval unless an extension is granted as provided in this chapter.

(2) Extension of Conditional Certificate. The conditional certificate may be extended by the director for a period not to exceed 24 consecutive months. The applicant must submit a written request stating the grounds for the extension, accompanied by any applicable processing fee. An extension may be granted if the director determines that:

(a) The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner;

(b) The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence; and

(c) All the conditions of the original contract between the applicant and the city will be satisfied upon completion of the project.

(3) Contract Amendment Process. An owner may request amendments to the contract by submitting a request in writing to the director, along with the fees established by the council, at any time within three years of the date of the approval of the contract as provided for in subsection (1) of this section. The director may approve amendments to the MFTE contract between the owner and the city that are reasonably within the scope and intent of the MFTE contract. The date for expiration of the conditional certificate shall not be extended by contract amendment unless all the conditions for extension set forth in subsection (2) of this section are met.

(4) Denial of Application. If the application is denied, the director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant’s last known address within 10 days of the denial. An applicant may appeal a denial to the city council by filing a written appeal with the city clerk, or designee, within 30 days of notification that the application has been denied. The appeal will be based upon the record made before the director with the burden of proof on the applicant to show that there is no substantial evidence on the record to support the director’s decision. The decision of the city council in denying or approving the application is final. All other appeals of the director’s decisions shall be made to the hearing examiner. (Ord. 3293 § 1, 2023; Ord. 2753 § 1, 2003).

3.70.100 Application for final certificate.

Upon completion of the improvements provided in the contract between the applicant and the city and upon issuance of a temporary or permanent certificate of occupancy, the applicant may request a final certificate of tax exemption. The applicant must file with the director such information as the director may deem necessary or useful to evaluate eligibility for the final certificate and shall include:

(1) A statement of expenditures made with respect to each multiple-unit housing unit and the total expenditures made with respect to the entire property;

(2) A description of the completed work and a statement of qualification for the exemption; and

(3) A statement that the work was completed within the required three-year period or any authorized extension. Within 30 days of receipt of all materials required for a final certificate, the director shall determine whether the improvements satisfy the requirements of this chapter.

(4) A housing market study that includes the comparable rents or sales prices, as applicable, for other multiple-unit housing in the neighborhood market area, and the market rent or sales price for each of the MFTE units proposed to be designated under this chapter.

(5) A statement confirming that the documentation on file of the type and organizational structure of the owner, signature block for the owner, and authority of the owner representative that signed the contract is all current and accurate. (Ord. 3293 § 1, 2023; Ord. 2753 § 1, 2003).

3.70.110 Issuance of final certificate.

If the director determines that the project has been completed in accordance with the contract between the applicant and the city and has been completed within the authorized time period, the city shall, within 10 days following the expiration of the 30-day period specified in PMC 3.70.100(3), file a final certificate of tax exemption with the Pierce County assessor.

(1) Denial and Appeal. The director shall notify the applicant in writing that a final certificate will not be filed if the director determines that:

(a) The improvements were not completed within the authorized time period;

(b) The improvements were not completed in accordance with the contract between the applicant and the city;

(c) The owner’s property is otherwise not qualified under this chapter; or

(d) The owner and the director cannot come to an agreement on the allocation of the value of the improvements allocated to the exempt portion of rehabilitation improvements, new construction and multi-use new construction.

(2) Within 30 days of notification by the city to the owner of the director’s denial of a final certificate of tax exemption, the applicant may file a written appeal with the city specifying the factual and legal basis for the appeal. Said appeal shall be heard by the city’s hearing examiner. (Ord. 3293 § 1, 2023; Ord. 2753 § 1, 2003).

3.70.120 Annual compliance review.

Within 30 days after the first anniversary of the date of filing the final certificate of tax exemption and each year thereafter, for the applicable tax exemption period, the property owner shall file a notarized declaration with the director indicating the following:

(1) A statement of occupancy and vacancy of the rehabilitated or newly constructed property during the 12 months ending with the anniversary date;

(2) A certification that the property has not changed use and, if applicable, continues to be in compliance with the contract with the city;

(3) A description of any subsequent improvements or changes to the property;

(4) Total monthly rent of each unit;

(5) Information demonstrating compliance with affordability requirements of PMC 3.70.070(4)(b) and (c) or (5)(b) through (f) and other applicable requirements;

(6) Any additional information requested regarding the units receiving tax exemption and meeting any reporting requirements under Chapter 84.14 RCW;

(7) City staff may also conduct on-site verification of the declaration;

(8) Failure to submit the annual declaration or information requested by the city may result in the tax exemption being canceled. (Ord. 3293 § 1, 2023; Ord. 2897 § 6, 2008; Ord. 2753 § 1, 2003).

3.70.130 Cancellation of tax exemption.

If at any time the director determines the owner has not complied with the terms of the contract or with the requirements of this chapter, or that the property no longer complies with the terms of the contract or with the requirements of this chapter, or for any reason no longer qualifies for the tax exemption, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law. This cancellation may occur in conjunction with the annual review or at any other time when noncompliance has been determined. If the owner intends to convert the multiple-unit housing to another use, the owner must notify the director and the Pierce County assessor within 60 days of the change in use. Upon such change in use, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law.

(1) Effect of Cancellation. If a tax exemption is canceled due to a change in use or other noncompliance, the Pierce 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.

(2) Notice and Appeal. Upon determining that a tax exemption is to be canceled, the director shall notify the property owner by certified mail return receipt requested. The property owner may appeal the determination by filing a notice of appeal with the city within 30 days, specifying the factual and legal basis for the appeal. The hearing examiner will conduct a hearing at which the applicant and the city will be heard and all competent evidence received. The hearing examiner may affirm, modify, or repeal the decision to cancel the exemption based on the evidence received.

(3) The director shall notify the county assessor of the cancelation of the tax exemption 30 days after the notification of the property owner or qualified nonprofit organization, or upon an unsuccessful appeal. (Ord. 3293 § 1, 2023; Ord. 2753 § 1, 2003).

3.70.140 Appeals to hearing examiner.

(1) The city’s land use hearing examiner is hereby provided jurisdiction to hear appeals of the decisions of the director under this chapter. Said appeals shall be as follows:

(a) Appeal of a decision of the director that the owner is not entitled to a final certificate of tax exemption, filed with the city clerk within 30 days of notification by the city to the owner of denial of a final certificate of tax exemption.

(b) Appeal of a cancellation of tax exemption, filed with the city clerk within 30 days of the notification by the city to the owner of cancellation.

(2) The hearing examiner’s procedures shall apply to hearings under this chapter to the extent they are consistent with the requirements of this chapter and Chapter 84.14 RCW. The hearing examiner shall give substantial weight to the director’s decision and the burden of overcoming the weight shall be on the appellant. The decision of the examiner constitutes the final decision of the city. An aggrieved party may appeal the decision to superior court under RCW 34.05.510 through 34.05.598 if the appeal is properly filed within 30 days of notification by the city to the appellant of that decision. (Ord. 3293 § 1, 2023; Ord. 2753 § 1, 2003).