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Kittitas County Board of County Commissioners Shoreline Master Program Enforcement <br />Kittitas County Code Title 18 Amendments Exhibit A | May 2016 | Page 8 of 13 <br />further that failure to pay said costs may result in a lien for the costs of abatement being <br />assessed against the property. <br />2. Service of the Notice of Violation and Abatement <br />a. The Notice of Violation and Abatement shall be served by any one or combination of the <br />following methods: <br />i. By both first-class and certified mail with a 5-day return receipt requested to the last <br />known address of the landowner of the property; or <br />ii. By posting the Notice of Violation and Abatement in a prominent location on the <br />premises in a conspicuous manner which is reasonably likely to be discovered; or <br />iii. By personal service upon the landowner. <br />b. The failure of the landowner to receive such Notice of Violation and Abatement shall not <br />affect the validity of any proceedings taken under this Chapter. Service by certified mail in <br />the manner provided in this section shall be effective on the third day after the date of <br />postmark, excluding Saturdays, Sundays and holidays. <br />3. Notice of Appeal. <br />a. Within 10 working days of service of a Notice of Violation and Abatement, the landowner <br />may submit a written Notice of Appeal to the Authorized official, to appeal the Notice of <br />Violation and Abatement. <br />b. The notice of appeal shall contain a written, concise statement identifying: <br />i. The decision being appealed; <br />ii. The name and address of the appellant and his interest(s) in the matter; <br />iii. The specific reasons why the appellant believes the decision to be wrong. The <br />appellant shall bear the burden of proving the decision was wrong; and <br />iv. The desired outcome or changes to the decision. <br />4. Notice of Hearing. <br />a. The authorized official shall issue and serve a Notice of Hearing to the appellants within <br />fifteen working days after the receipt of one or more timely Notices of Appeal. Requests <br />from multiple parties concerning the same nuisance may be consolidated. <br />b. The Notice of Hearing shall be served by the same means as the Notice of Violation and <br />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 Examiner. <br />b. Unless otherwise provided herein, the provisions of Chapter 2.11 KCC shall govern the <br />hearing process. <br />c. Burden of proof. <br />i. Except as otherwise required by law, in all cases where a license or permit is required <br />but has not been issued, the burden shall be on the applicant to establish that the <br />application meets all applicable criteria or that a license or permit is not required. In all <br />other cases, the burden is on the county to prove the alleged factual basis set forth in <br />the initiating document. <br />ii. Except as otherwise required by law, the burden in all cases is a preponderance of the <br />evidence. <br />iii. The observation of a violation on different dates shall be prima facia evidence that the <br />violation continued to exist on intervening dates.