Amendment approval for KC Code and KC Comp. Plan

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further that failure to pay said costs may result in a lien for the costs of abatement being assessed against the property. 2. Service of the Notice of Violation and Abatement a. The Notice of Violation and Abatement shall be served by anyone or combination of the following methods: I. By both first-class and certified mail with a S-day return receipt requested to the last known address of the landowner of the property; or II. By posting the Notice of Violation and Abatement in a prominent location on the premises in a conspicuous manner which is reasonably likely to be discovered; or iii. By personal service upon the landowner. b. The failure of the landowner to receive such Notice of Violation and Abatement shall not affect the validity of any proceedings taken under this Chapter. Service by certified mail in the manner provided in this section shall be effective on the third day after the date of postmark, excluding Saturdays, Sundays and holidays. 3. Notice of Appeal. a. Within 10 working days of service of a Notice of Violation and Abatement, the landowner may submit a written Notice of Appeal to the Authorized official, to appeal the Notice of Violation and Abatement. b. The notice of appeal shall contain a written, concise statement identifying: I. The decision being appealed; II. The name and address of the appellant and his interest(s) in the matter; III. The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong; and iv. The desired outcome or changes to the decision. 4. Notice of Hearing . a. The authorized official shall issue and serve a Notice of Hearing to the appellants within fifteen working days after the receipt of one or more timely Notices of Appeal. Requests from multiple parties concerning the same nuisance may be consolidated. b. The Notice of Hearing shall be served by the same means as the Notice of Violation and Abatement. c. The Notice of Hearing shall contain the date, time, and location of the hearing. 5. Hearing. a. The appeal of a Notice of Violation and Abatement shall be heard by the Hearing Examiner. b. Unless otherwise provided herein, the provisions of Chapter 2.11 KCC shall govern the hearing process. c. Burden of proof. I. Except as otherwise required by law, in all cases where a license or permit is required but has not been issued, the burden shall be on the applicant to establish that the application meets all applicable criteria or that a license or permit is not required. In all other cases, the burden is on the county to prove the alleged factual basis set forth in the initiating document. ii. Except as otherwise required by law, the burden in all cases is a preponderance of the evidence. iii. The observation of a violation on different dates shall be prima facia evidence that the violation continued to exist on intervening dates. Kittitas County Board of County Commissioners Kittitas County Code Title 18 Amendments Shoreline Master Program Enforcement Exhibit A 1 May 20161 Page 8 of 13