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Ordinance to Amend KCC Title 18 - Revised
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2021-05-18 10:00 AM - Commissioners' Agenda
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Ordinance to Amend KCC Title 18 - Revised
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Last modified
5/13/2021 12:36:13 PM
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5/13/2021 12:35:54 PM
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Meeting
Date
5/18/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
f
Item
Request to Approve an Ordinance Adopting Amendments to Kittitas County Code Title 18
Order
6
Placement
Consent Agenda
Row ID
76503
Type
Ordinance
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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 />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 <br />date shall bear interest at the rate of 12 percent per annum. The costs shall be paid to the <br />Department to which the authorized official is assigned. In the case of persons designated <br />by the Kittitas County fire marshal to enforce Chapter 15.08, 20 KCC costs shall be paid to <br />the Office of the Fire Marshal. <br />b. If more than one landowner has been issued a Notice of Violation and Abatement or more <br />than one appellant was found personally liable for the costs of abating the nuisance by an <br />order issued by the Hearing Examiner, each party shall be jointly and severally liable for the <br />costs of the abatement. <br />c. For purposes of this Section, "costs" shall include but are not limited to: <br />i. Personnel costs, both direct and indirect, including all attorney's fees and costs <br />incurred in the investigation, documentation, and abatement of the nuisance; <br />ii. Repair, demolition, hauling, clean up, storage, disposal, and environmental mitigation <br />expenses; <br />iii. Actual expenses and costs of the County in preparing notices, specifications, and <br />contracts, and the costs of any required printing or mailing; <br />iv. Actual expenses and costs of the County in accomplishing, contracting, or inspecting <br />the abatement work; <br />v. Penalties under to Chapter 18.05 KCC. <br />d. Any salvage value proceeds resulting from the abatement of the property shall first be <br />applied to the costs of abatement. Any remaining such monies shall be paid to the <br />landowner as shown on the last equalized assessment roll. <br />e. The County may impose a special assessment for the costs of any abatement proceedings <br />under this chapter and all other related costs against the real property on which the <br />nuisance was found or any of the work of abatement was performed. <br />9. Special Assessment. <br />Pursuant to RCW 36.32.120(10), all costs incurred by Kittitas County for the abatement of any
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