A. If the designated agency determines the applicant is not in compliance with the terms of this chapter, the waiver of fees will be canceled. This cancellation may occur in conjunction with the annual review or at any other time when noncompliance has been determined. If a cancellation of fees occurs, the current owner of the unit will be required to reimburse the city all waived fees adjusted annually for inflation.

B. If the developer or property owner wishes to terminate their waiver of fees, they must provide thirty days’ written notice to the city manager. Upon cancellation, reimbursement shall be made to the city for all waived fees adjusted annually for inflation.

C. Notice and Appeal. Upon determining that a waiver of fees is to be canceled, the city manager shall notify the property owner by mail, return receipt requested. The property owner may appeal the determination by filing a notice of appeal with the city manager within thirty calendar days, specifying the factual and legal basis for the appeal. The hearings examiner will conduct a hearing at which all affected parties may be heard and all competent evidence received. The hearings examiner will affirm, modify, or repeal the decision to cancel the exemption based on the evidence received. Any appeal of the hearings examiner’s decision shall be to Thurston County superior court. (Ord. 1612 §21, 2022).