BOCC Exhibits A-E ECY Approved SMP-Code Amendments

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Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance Kittitas County Shoreline Master Program Exhibit C | March 2016 | Page 219 of 339 decision. The decision of the Hearing Examiner shall be subject to reconsideration only one time, even if the Hearing Examiner reverses or modifies the original decision. 4. If no written request for reconsideration has been received by the authorized official within seven working days of the date of the order of the Hearing Examiner;, the i. Any order related to a violation of the Shoreline Master Program shall be considered final unless appealed to the shoreline hearings board. ii. Any other order shall be considered final unless appealed to Kittitas Superior Court. All such appeals shall be governed by Rules for appeal of decisions of Courts of limited jurisdiction (RALJ). 7. Cooperative Abatement Agreements. The authorized official and the landowner may enter into a cooperative abatement agreement which includes a right of entry agreement and an agreement regarding the recovery of costs of the abatement. 8. Cost Recovery. a. In addition to the other remedies available under this chapter, an authorized official may charge the costs of abatement to the landowner(s) who received the Notice of Violation and Abatement or to the landowner(s) who were found personally liable for the costs of abating the nuisance by an order issued by the Hearing Examiner if an appeal was filed. The costs are due and payable 30 days from mailing of the invoice and if not paid by that date shall bear interest at the rate of 12 percent per annum. The costs shall be paid to the Department to which the authorized official is assigned. In the case of persons designated by the Kittitas County fire marshal to enforce Chapter 15.08, costs shall be paid to the Office of the Fire Marshal. b. If more than one landowner has been issued a Notice of Violation and Abatement or more than one appellant was found personally liable for the costs of abating the nuisance by an order issued by the Hearing Examiner, each party shall be jointly and severally liable for the costs of the abatement. c. For purposes of this Section, "costs" shall include but are not limited to: 1. Personnel costs, both direct and indirect, including all attorney's fees and costs incurred in the investigation, documentation, and abatement of the nuisance; 2. Repair, demolition, hauling, clean up, storage, disposal, and environmental mitigation expenses; 3. Actual expenses and costs of the County in preparing notices, specifications, and contracts, and the costs of any required printing or mailing; 4. Actual expenses and costs of the County in accomplishing, contracting, or inspecting the abatement work. 5. Penalties under to Chapter 18.05 KCC. d. Any salvage value proceeds resulting from the abatement of the property shall first be applied to the costs of abatement. Any remaining such monies shall be paid to the landowner as shown on the last equalized assessment roll. e. The County may impose a special assessment for the costs of any abatement proceedings under this chapter and all other related costs against the real property on which the nuisance was found or any of the work of abatement was performed. 9. Special Assessment. Pursuant to RCW 36.32.120(10), all costs incurred by Kittitas County for the abatement of any nuisance defined by any statute or ordinance shall be a special assessment upon land or premises on which the nuisance is situated and this assessment and/or any penalties under this title shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes. An authorized official shall cause a claim of lien to be