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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. <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,