§ 36.14  CERTIFIED PROJECT MONITORING; REMEDIES; DECERTIFICATION.
   (A)   The Director may monitor and investigate certified projects for compliance with VHDZ program requirements and other applicable laws as the Director deems appropriate.
   (B)   The owner of a certified project must prepare and submit an annual report to the Director on the number of residential housing units, number of low-income residential housing units, and amount of commercial space including live-work units.
   (C)   A monitoring fee shall be paid by the certified project applicant at time of project application or as otherwise directed by the Director. The monitoring fee shall be established by City Council resolution.
   (D)   The Director may undertake remedial action that the city determines necessary or appropriate to enforce VHDZ program requirements and commitments provided by project applicants in the final application, project certification and project use agreement. Remedial actions may include but are not limited to:
      (1)   The request of written documentation demonstrating compliance with VHDZ program requirements, project certification and project use agreement;
      (2)   For projects with low-income household units, a request for written documentation on current rents on an annual basis and lease agreements with redacted personal information; and
      (3)   Decertification of all or a portion of a certified project.
   (E)   Prior to issuance of a notice of decertification, the Director will provide the certified project owner with an opportunity to correct first-time program non-compliance with a time deemed reasonable by the Director. The Director may provide a certified project owner with an opportunity to correct repeat program non-compliance at the Director's discretion. A determination on how much time to provide to correct noticed program noncompliance shall be based on factors such as:
      (1)   The severity of the noncompliance;
      (2)   The impact of the noncompliance on project residents;
      (3)   The public interest in retaining low income residential housing;
      (4)   The cost and time reasonably necessary to correct program noncompliance; and
      (5)   The past history of compliance and noncompliance by the certified project owner.
   (F)   When the Director has issued a notice of project noncompliance to a certified project owner and the certified project owner has failed to correct any noticed program noncompliance within the time identified in the notice the Director may issue a notice of certified project decertification and direct the Washington County Assessor to disqualify all or a portion of the project for the partial property tax exemption under the VHDZ program.
   (G)   The effective date of a decertification is the effective date provided in the notice of decertification identified above.
(Ord. 2018-03, passed 7-17-2018)