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KCC 18.02_Edits_Redline
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2024-04-02 10:00 AM - Commissioners' Agenda
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KCC 18.02_Edits_Redline
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Last modified
3/28/2024 12:11:31 PM
Creation date
3/28/2024 12:11:20 PM
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Meeting
Date
4/2/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Set a Public Hearing to Consider Amending Kittitas County Code Section 18.02
Order
4
Placement
Consent Agenda
Row ID
116262
Type
Hearing notice
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Page | 6 <br />a. In addition to the other remedies available under this chapter, an <br />authorized official may charge the costs of abatement to the landowner(s) <br />who received the Notice of Violation and Abatement or to the landowner(s) <br />who were found personally liable for the costs of abating the nuisance by <br />an order issued by the Hearing Examiner if an appeal was filed. The costs <br />are due and payable thirty (30) days from mailing of the invoice and if not <br />paid by that date shall bear interest at the rate of twelve (12) percent per <br />annum. The costs shall be paid to the Department to which the authorized <br />official is assigned. In the case of persons designated by the Kittitas County <br />fire Fire marshal Marshal to enforce Chapter 15.08, 20 KCC, costs shall be <br />paid to the Office of the Fire Marshal. <br />b. If more than one landowner has been issued a Notice of Violation and <br />Abatement or more than one appellant was found personally liable for the <br />costs of abating the nuisance by an order issued by the Hearing Examiner, <br />each party shall be jointly and severally liable for the costs of the <br />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 <br />attorney's fees and costs incurred in the investigation, <br />documentation, and abatement of the nuisance; <br />ii. Repair, demolition, hauling, clean up, storage, disposal, and <br />environmental mitigation expenses; <br />iii. Actual expenses and costs of the County in preparing notices, <br />specifications, and contracts, and the costs of any required <br />printing or mailing; <br />iv. Actual expenses and costs of the County in accomplishing, <br />contracting, or inspecting 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 <br />shall first be applied to the costs of abatement. Any remaining such monies <br />shall be paid to the landowner as shown on the last equalized assessment <br />roll. <br />e. The County may impose a special assessment for the costs of any <br />abatement proceedings under this chapter and all other related costs <br />against the real property on which the nuisance was found or any of the <br />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 <br />of any nuisance defined by any statute or ordinance shall be a special assessment upon <br />land or premises on which the nuisance is situated and this assessment and/or any <br />penalties under this Title shall constitute a lien against the property which shall be of <br />equal rank with state, county, and municipal taxes. An authorized official shall cause a <br />claim of lien to be filed for record in the Auditor's Office within ninety (90) days from a <br />final finding. (Ord. 2016-010, 2016; Ord. 2013-012, 2013; Ord. 2009-19, 2009) <br />
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