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17.66.060, 17.66.070 and 17.66.200 are repealed and reenactea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
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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
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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
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B.
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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.
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ATTEST:
Borough C1 k
Ord. No. 80 -24 -0
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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