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<br />Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance <br />Kittitas County Shoreline Master Program Exhibit C | March 2016 | Page 218 of 339 <br /> <br />3. The specific reasons why the appellant believes the decision to be wrong. <br />The appellant shall bear the burden of proving the decision was wrong; <br />4. The desired outcome or changes to the decision; <br />5. The appeals fee. <br />4. Notice of Hearing. <br />a. Not later than the 15 calendar days after the receipt of one or more timely Notices of <br />Appeal, the authorized official shall issue and serve a Notice of Hearing to the <br />appellants. Requests from multiple parties concerning the same nuisance may be <br />consolidated. <br />b. The Notice of Hearing shall be served by the same means as the Notice of Violation <br />and Abatement. <br />c. The Notice of Hearing shall contain the date, time, and location of the hearing. <br />5. Hearing. <br />a. The appeal of a Notice of Violation and Abatement shall be heard by the Hearing <br />Examiner. <br />b. Unless otherwise provided herein, the provisions of Chapter 2.11 KCC shall govern <br />the hearing process. <br />c. The burden of proof is on the county to establish the violation by a preponderance of <br />the evidence. The observation of a violation on different dates shall be prima facia <br />evidence that the violation continued to exist on intervening dates. <br />d. The Hearing Examiner shall determine if the property at issue constitutes a public <br />nuisance as defined in this Chapter. The Hearing Examiner shall also determine if <br />the appellant is the property owner and is therefore personally liable for the costs of <br />abating the nuisance. <br />6. Order of the Hearing Examiner. <br />a. Unless mutually agreed to by the appellant and the Hearing Examiner, the order of <br />the Hearing Examiner shall be served upon the person to whom it is directed, either <br />personally or by mailing a copy of the order to such person at his/her last known <br />address as determined by the designated authorized official. <br />b. The Hearing Examiner, in affirming the authorized official's Notice of Violation and <br />Abatement, shall impose the fine consistent with the penalty provision of this title and <br />may assess administrative costs and/or costs related to the abatement of the <br />nuisance. <br />c. The Hearing Examiner may order the County to pay the appellant the appeals fee, <br />costs, and/or attorney fees only upon a finding that both the violation did not occur <br />and intentional misconduct on the part of the authorized official. <br />d. The appellant may file a request for reconsideration of the Hearing Examiner's <br />decision within seven working days of the date of the Hearing Examiner's written <br />decision, file with the Hearing Examiner a written request for reconsideration based <br />on any one of the following grounds materially affecting the substantial rights of said <br />party or person: <br />1. Errors of procedure or misinterpretation of fact, material to the party seeking <br />the request for reconsideration. <br />2. Irregularity in the proceedings before the Hearing Examiner by which such <br />party was prevented from having a fair hearing. <br />3. Clerical mistakes in the official file or record transmitted to the Examiner, <br />including errors arising from inadvertence, oversight, or omission, which may <br />have materially affected the Board's decision on the matter. <br />Upon receipt of a request for reconsideration, the Hearing Examiner shall <br />review said request in light of the record and take such further action as is <br />deemed proper; including, but not limited to, denying the request, granting <br />the request, with or without oral argument, and may render a revised