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Page | 4 <br />shall be effective on the third day after the date of postmark, excluding <br />Saturdays, Sundays and holidays. <br />3. Notice of Appeal. <br />a. Within ten (10) working days of service of a Notice of Violation and <br />Abatement, the landowner may submit a written Notice of Appeal to the <br />Authorized official, to appeal the Notice of Violation and Abatement. <br />b. The notice Notice of appeal Appeal shall contain a written, concise <br />statement identifying: <br />i. The decision being appealed; <br />ii. The name and address of the appellant and his interest(s) in <br />the matter; <br />iii. The specific reasons why the appellant believes the decision to <br />be wrong. The appellant shall bear the burden of proving the <br />decision was wrong; and <br />iv. The desired outcome or changes to the decision. <br />4. Notice of Hearing. <br />a. The authorized official shall issue and serve a Notice of Hearing to the <br />appellants within fifteen working days after the receipt of one or more <br />timely Notices of Appeal. Requests from multiple parties concerning the <br />same nuisance may be consolidated. <br />b. The Notice of Hearing shall be served by the same means as the Notice of <br />Violation and Abatement. <br />c. The Notice of Hearing shall contain the date, time, and location of the <br />hearing. <br />5. Hearing. <br />a. The appeal of a Notice of Violation and Abatement shall be heard by the <br />Hearing Examiner. <br />b. Unless otherwise provided herein, the provisions of Chapter 2.11 KCC shall <br />govern the hearing process. <br />c. Burden of proof. <br />i. Except as otherwise required by law, in all cases where a <br />license or permit is required but has not been issued, the <br />burden shall be on the applicant to establish that the <br />application meets all applicable criteria or that a license or <br />permit is not required. In all other cases, the burden is on the <br />county to prove the alleged factual basis set forth in the <br />initiating document. <br />ii. Except as otherwise required by law, the burden in all cases is a <br />preponderance of the evidence. <br />iii. The observation of a violation on different dates shall be prima <br />facia evidence that the violation continued to exist on <br />intervening dates. <br />d. The Hearing Examiner shall determine if the property at issue constitutes a <br />public nuisance as defined in this Chapter. The Hearing Examiner shall also <br />determine if the appellant is the property owner and is therefore personally <br />liable for the costs of abating the nuisance.