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<br />KCHD ORDINANCE 1999- 43 SOLID WASTE REGULATIONS <br />g. A statement that at any hearing requested for the purpose of explaining mitigating circumstances <br />surrounding the commission of the civil infraction, the person will be deemed to have committed <br />the civil infraction and may not subpoena witnesses; <br />h. A statement that the person must respond to the notice as provided in this section within fifteen (15) <br />days; and <br />i. A statement that failure to respond to the notice or a failure to appear at a hearing requested for the <br />purpose of contesting the determination or for the purpose of explaining mitigating circumstances <br />will result in a default judgment against the person in the amount of the penalty and that this failure <br />may be referred to the prosecuting attorney or city attorney for criminal prosecution for failure to <br />respond or appear. <br />6. Notice of Civil Infraction - Filing in Department Court. <br />A notice of civil infraction shall be filed in Department Court within forty-eight (48) hours of issuance, <br />excluding Saturdays, Sundays, and holidays. Kittitas County Department Court shall have jurisdiction <br />to hear and determine violations occurring under these regulations. <br />7. Notice of Civil Infraction - Determination Infraction Committed. <br />Unless contested in accordance with this regulation, the notice of civil infraction represents a <br />determination that the person to whom the notice was issued committed the infraction. <br />8. Notice of Civil Infraction - Response Requesting A Hearing - Failure To Respond Or Appear - Order <br />To Set Aside. <br />a. A person who receives a notice of civil infraction shall respond to the notice as provided in this <br />section within fifteen (15) days of the date the notice was served. <br />b. If the person named in the notice of civil infraction does not contest the determination, the person <br />shall respond within fifteen (15) days by completing the appropriate portion of the notice of civil <br />infraction and submitting it, either by mail or in person to the court specified in the notice. A check <br />or money order in the amount of the penalty prescribed for the infraction must be submitted with <br />the response. When a response which does not contest the determination is received, an appropriate <br />order shall be entered in the court's records and a record of the response shall be furnished to the <br />Health Department. <br />c. If the person named in the notice of civil infraction wishes to contest the determination, the person <br />shall respond within fifteen (15) days by completing the portion of the notice of civil infraction <br />requesting a hearing and filing it with the court specified on the notice. The court shall notify the <br />person in writing of the time, place, and date of the hearing and that date shall not be earlier than <br />seven (7) days nor more than ninety (90) days from the date of the notice of hearing except by <br />agreement. <br />d. If the person named in the notice of civil infraction does not contest the determination, but wishes to <br />explain mitigating circumstances surrounding the infraction, the person shall respond by completing <br />the portion of the notice of civil infraction requesting a hearing for that purpose and filing it with <br />the court specified in the notice. The court shall notify the person in writing of the time, place, and <br />date of the hearing, and that date shall not be earlier than seven (7) days nor more than ninety (90) <br />days from the date of the notice of the hearing, except by agreement.