Laserfiche WebLink
Page | 5 <br />6. Order of the Hearing Examiner. <br />a. Unless mutually agreed to by the appellant and the Hearing Examiner, the <br />Hearing Examiner or the Hearing's Examiner's clerk shall serve upon both <br />the county County and the appellant, either personally or by mailing a copy <br />of the order to the parties at his/her last known address as determined by <br />the designated authorized official. <br />b. The Hearing Examiner, in affirming the authorized official's Notice of <br />Violation and Abatement, shall impose the fine consistent with the penalty <br />provision of this Title and may assess administrative costs and/or costs <br />related to the abatement of the nuisance. <br />c. The Hearing Examiner may order the County to pay the appellant costs, <br />and/or attorney fees only upon a finding that both the violation did not <br />occur and intentional misconduct on the part of the authorized official. <br />d. The appellant may file a request for reconsideration of the Hearing <br />Examiner's decision within ten (10) days of service of the Hearing <br />Examiner's written decision, based on any of the following grounds <br />materially affecting the substantial rights of said party or person: <br />i. Errors of procedure or misinterpretation of fact, material to the <br />party seeking the request for reconsideration; <br />ii. Irregularity in the proceedings before the Hearing Examiner by <br />which such party was prevented from having a fair hearing; or <br />iii. Clerical mistakes in the official file or record transmitted to the <br />Examiner, including errors arising from inadvertence, oversight, <br />or omission, which may have materially affected the Board's <br />Hearing Examiner’s decision on the matter. <br />e. Upon receipt of a request for reconsideration, the Hearing Examiner shall <br />review said request in light of the record and take such further action as is <br />deemed proper; including, but not limited to, denying the request, granting <br />the request, with or without oral argument, and may render a revised <br />decision. The decision of the Hearing Examiner shall be subject to <br />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 <br />authorized official within ten (10) days of the service of the order of the <br />Hearing Examiner, the order shall be considered final unless appealed to <br />the Kittitas County Superior Court. All such appeals shall be governed by <br />Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ)the <br />Land Use Petition Act (Chapter 36.70c RCW). <br />g. Any order related to a violation of the Shoreline Master Program shall be <br />considered final 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 <br />agreement which includes a right of entry agreement and an agreement regarding the <br />recovery of costs of the abatement. <br />8. Cost Recovery.