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1980-24 Amending Title 17 of the K.I.B. Code Pertaining to Enforcement Procedure, Penalties and Remedies, and AppealsSection 1. Section P7.03.070 is added to the Kodiak Island Borough Code as follows: 17.03.070 Building Permit and Conformity to Zoning KODIAK ISLAND BOROUGH ORDINANCE NO. 80 - - AN ORDINANCE AMENDING TITLE 17 OF THE KODIAK ISLAND BOROUGH CODE PERTAINING TO ENFORCEMENT PROCEDURE, PENALTIES AND REMEDIES, AND APPEALS. Notwithstanding anything in Section 17.03.060 to the contrary, no approval of a building permit or plans or specifications under Section 17.03.060 or under Title 15 of this code shall permit any violation of tnis title, or modify or waive any provision of this title. When the terms of any ouilding permit, or any approved plans or specifications, conflict with the provisions of this title, the provisions of this title shall govern. Section 2. Kodiak Island Borough Code Sections 17.66.010, 17.66.060, 17.66.070 and 17.66.200 are repealed and reenactea as follows: 17.66.010 Planning Commission - Administrative Jurisdiction A. The Planning Commission by resolution may adopt rules consistent with this title to implement, interpret or make specific its provisions. Copies of all rules adopted under this subsection shall be available to the public in the offices of the building official and the clerk. B. The Planning Commission shall review and act upon applications for exceptions and variances, and appeals from decisions of the ouilding official, as provided in this chapter. \ Appeals from Building Official A• The following decisions of the building official are subject to appeal to the Planning Commission: 1. The denial of a building permit. 2. The issuance of an order under Section 17.75.010A. r) t)1 .sa B. A decision described in A of this section is final unless appealed to the Planning Commission within ten days of tne mailing of notice of the decision. An appeal is commenced by filing with the clerk a written notice of appeal, specifically stating the reason for tne appeal and the relief sought, and payment of the appeal fee prescribed under this chapter. C. An appeal under this section may be brought by any person aggrieved by the decision appealed, or any government agency. 17.66.070 Appeals - Hearing and Decision A. The Planning Commission shall hold a public hearing on each appeal. At the hearing the Commission shall review the appeal record and hear evidence anc argument presented oy persons interested in the appeal. B. The Pianning Commission snail either attirm or reverse tne building official's decision in whole or in part. It the Planning Commission fails to approve the reversal of tne building official's decision, tnat decision is affirmed. C. Every decision of tne Pianning Commission on an appeal shall be based upon findings and conclusions adopted by the Commission. The findings must be reasonably specific so as to provide the community, and where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. D. The Planning Commission's decision on an appeal snarl be mailed to the appellant within ten days after the decision. 17.66.200 Stay Pending Appeal An appeal from a decision granting an exception or variance stays the decision appealed from until there is a final decision on the appeal. Section 3. Kodiak Island Borough Coae Chapter 17.75 is repealed and reenacted as follows: Ord. No. 80 -24 -0 Page 2 1 ) 1 1 1 1 II II 17.75.010 A. In an building official shall give at least ten days' notice of intent to prosecute, ano may initiate proceedings only if the violation is not cured, any violation of this title, he may 'premises at any reasonable times to any of his auties under this title; constitution of the United States or the State of Alaska Ord. No. 80 -24 -0 Page 3 17.75 ENFORCEMENT, PENALTIES AND REMEDIES Administrative Enforcement Action emergency situation in which tne ouilding 3. The discontinuation of construction or other or an unlawful use of land or a structure; enter such builaing inspect the same or proviaea that where otticiai finds that the public nealth, safety or welfare requires immediate action, the builaing official may oraer: 1. The discontinuation of unlawful uses of land or structures; 2. The removal or abatement of unlawful structures, ur any unlawful additions or alterations thereto; preparatory activity leaaing to an unlawful structure 4. When necessary to insure compliance with this title, the suspension or revocation cE building permits, variances or other Borough lanai use entitlements. B. Upon complaint by a citizen, or upc : - ; nis own initiative, tne building official may, after investigation, initiate criminal proceedings against any person for tne violation of this title. Except for prosecutions for tailing to comply with an oraer issued under A of tnis section, the written criminal and if the person who is the subject of the notice fails to seek a variance or other appropriate administrative relief, within the notice period. 17.75.020 Administrative Inspections In accordance witn this section the builaing official may make inspections necessary to enforce the provisions of this title. When the building official has reasonable cause to believe that in any building or on any premises there exists or perform the before making an inspection, he shall not make the inspection 1 until authorized to do so by a search warrant issued by a court of competent jurisdiction. 17.75.030 Penalties and Remedies A. A person who violates any provision of this title, any 1 1 B. I I i i li i t !l '1 '' I I 7 9 requires that the building official obtain a search warrant order issued under Section 17.75.O10A, or any term or condition of a conditional use, variance or other entitlement issued under this title is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than five hundred dollars ($500.00). The Borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under Section 17.75.O10A, or any term or condition of a conditional use, variance or other entitlement issued under this title; and to obtain damages for any injury the An action plaintiff suffered as a result of the violation. for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the Superior Court shall enjoin the violation. C. Each act or condition violating this.title, any order issued under Section 17.75.C10A, or any term or condition of a conditional use, variance or other entitlement issued under this title, and every day during which the act or condition occurs, constitutes a separate violation under this section. Section 4. That the date of passage of this ordinance creates a new grandfather or non - conforming use date, June 5, 19801. Any zoning or building violation; except matters presently under litigation, become legal as of this date, June 5, 1980, and shall be termed a non - conforming use. Section 5. This ordinance is effective upon passage and approval. ...41417.- � j 1110 0 n , I I 1 it 11 it ATTEST: Borough C1 k Ord. No. 80 -24 -0 Page 5 1' PASSED AND APPROVED this 5th day of June 1980. KODIAK ISLAND BOROUGH Depu y First Reading: May 1, 1980 Second Reading, Public Hearing: June 5, 1980 Effective Date: June 5, 1980