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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 9 of 13 <br />d. The Hearing Examiner shall determine if the property at issue constitutes a public nuisance <br />as defined in this Chapter. The Hearing Examiner shall also determine if the appellant is the <br />property owner and is therefore personally liable for the costs of abating the nuisance. <br />6. Order of the Hearing Examiner. <br />a. Unless mutually agreed to by the appellant and the Hearing Examiner, the Hearing <br />Examiner or the Hearing's Examiner's clerk shall serve upon both the county and the <br />appellant, either personally or by mailing a copy of the order to the parties at his/her last <br />known 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 may <br />assess administrative costs and/or costs related to the abatement of the nuisance. <br />c. The Hearing Examiner may order the County to pay the appellant costs, and/or attorney <br />fees only upon a finding that both the violation did not occur and intentional misconduct <br />on the part of the authorized official. <br />d. The appellant may file a request for reconsideration of the Hearing Examiner's decision <br />within ten days of service of the Hearing Examiner's written decision, based on any of the <br />following grounds materially affecting the substantial rights of said party or person: <br />i. Errors of procedure or misinterpretation of fact, material to the party seeking the <br />request for reconsideration; <br />ii. Irregularity in the proceedings before the Hearing Examiner by which such party was <br />prevented from having a fair hearing; or <br />iii. Clerical mistakes in the official file or record transmitted to the Examiner, including <br />errors arising from inadvertence, oversight, or omission, which may have materially <br />affected the Board's decision on the matter. <br />e. Upon receipt of a request for reconsideration, the Hearing Examiner shall review said <br />request in light of the record and take such further action as is deemed proper; including, <br />but not limited to, denying the request, granting the request, with or without oral <br />argument, and may render a revised decision. The decision of the Hearing Examiner shall <br />be subject to reconsideration only one time, even if the Hearing Examiner reverses or <br />modifies the original decision. <br />f. If no written request for reconsideration has been received by the authorized official within <br />ten days of the service of the order of the Hearing Examiner, the order shall be considered <br />final unless appealed to the Kittitas County Superior Court. All such appeals shall be <br />governed by Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). <br />e.g. Any order related to a violation of the Shoreline Master Program shall be considered final <br />unless appealed to the Shoreline Hearings Board. <br />7. Cooperative Abatement Agreements. <br />The authorized official and the landowner may enter into a cooperative abatement agreement <br />which includes a right of entry agreement and an agreement regarding the recovery of costs of <br />the abatement. <br />8. Cost Recovery. <br />a. In addition to the other remedies available under this chapter, an authorized official may <br />charge the costs of abatement to the landowner(s) who received the Notice of Violation <br />and Abatement or to the landowner(s) who were found personally liable for the costs of <br />abating the nuisance by an order issued by the Hearing Examiner if an appeal was filed. <br />The costs are due and payable 30 days from mailing of the invoice and if not paid by that