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1983-37 Amending Certain Penalty Provisions of the KIB CodeKODIAK ISLAND BOROUGH ORDINANCE NO. 83 -37 -0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING CERTAIN PENALTY PROVISIONS OF THE KODIAK ISLAND BOROUGH CODE. The Kodiak Island Borough Assembly Hereby Ordains: SECTION 1: Section 8.12.030 of Borough Code is amended to read as follows: 8.12.030 Penalties and Remedies. A. A person who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $300.00. In addition, the Court may order the person to gather and dispose of litter in an area and for a length of time to be determined by the Court. B. Notwithstanding the availability of any other remedy, the Borough or any aggrieved person may bring a civil action to enjoin any violat- ion of this Chapter or to obtain damages for any injury the plaintiff suffered as a result of the violation. C. Each act or condition violating this Chapter, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The penalties provided for violation of this Chapter are in addition to and not in lieu of any other penalty provided for in State Law or any civil remedy available to the Borough. SECTION 2: Chapter 10.10 of the Borough Code is amended by adding a Section 10.10.080, entitled Penalties and Remedies, which reads as follows: 10.10.080 Penalties and Remedies. A. A person who violates the provisions of this Chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $300.00. B. Notwithstanding the availability of any other remedy, the Borough or any aggrieved person may bring a civil action to enjoin any violat- ion of this Chapter, or to obtain damages for any injury the plaintiff suffered as a result of the violation. C. Each act or condition violated in this Chapter, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. 0. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in State law or any civil remedy available to the Borough. SECTION 3: Section 15.40.030 of the Borough Code is amended to read as follows: 15.40.030 Penalties and Remedies. A. A person who violates any provision of this Title or any order issued under 15.40.010 is guilty of a misdemeanor and upon conviction is pun - ishable by a fine of not more than $300.00. Each day of violation constitutes a separate offense. B. The Borough or any aggrieved person may bring a civil action to enjoin any violation of this Title, or any order issued under Section 15.40.010 and to obtain damages for any injury the plaintiff suffered as a re- sult of the violation. An action 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 or any order issued under Section 15.40.010, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. Ordinance No. 83 -37 -0 1 lag, 2n 1 D. The penalties provided for violations of this Chapttrtareain addition to and not in lieu of any other penalty provided or any civil remedy available to the Borough. SECT 4: Section 17.75.030 of the Borough Code is amendex to read as follows. 17.75.030 Penalties and Remedies. A. A person who violates any provision of this Title, an order issued under 17.75.010(A) or any term or condition of a conditional use, varce dem an an oupor convictiontisspund 1 ishable by a is than $300.00. demeanor and upon con the t remedy, B. Notwithstanding the availability of any other t e- bring a civil action to enjoin any iO lationh of this Title, person may or any lotion of this Title, any order issued under 17.75.010(A), or f condition of a conditional use, variance or other entitlement may issued under this Title; or to obtain damage s for any injury the plaintiff sufeedbas a result Upon applibetbrought fht of a violation. An action for injunction under this sectio notwithstanding the availability of any other remedy. Upo ap on t the injunctive relief and the finding of an existing or Superior Court shall enjoin the violation. order issued C. Each act or condition violating this Title, any which the under 17.75.010(A), or any term or condition of a condition) use, variance, or other entitlement issued under this Title, and each day act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The penalties provided for violation of ed State Law or this Chapter are e i n addition to and not in lieu of any other penalty provided for in rte any civil remedy available to the Borough. SECTION Section 18.35.050 of Borough Code is amended to read as follows: 18.35.050 Penalties and Remedies. r and upon conviction is punishable by a fine of not A. A person who violates the provisions of this Chapter is guilty of a misdemeano more than $300.00. B. Notwithstanding the availability of any other remedy, the Borough or any aggrieved person may bring a civil action to enjoin plaintiff violation of this Chapter, or to obtain damages for any injury suffered as a result of the violation. C. Each act conditiontexists, lcont9nuessorhist repeated e shall a be a during which the act or ,separate and distinct violation. of any other penalty provided for in State Law D. The penalties provided for violation of this Chapter are in addition to and not in lieu or any civil remedy available to the Borough. passage and approval SECTION 6: This ordinance is effective immediately upon p y t e Kodiak Island Borough Assembly. PASSED AND APPROVED THIS 2nd DAY OF June ATTEST: BY: /h C KODIAK ISLAND BOROUGH BY: Trough Mayor, Deputy , 1983. -, , ^ n �rdlnance o.83- -O' Page 3 FIRST READING DATE: May 5, 1983 SECOND READING AND PUBLIC HEARING DATE: June 2, 1983 EFFECTIVE DATE: June 2, 1983 REQUESTED BY: Community Development Department PREPARED BY: Community Development Department Staff and the Borough Attorney RECOMMENDATION: Approval of this ordinance.