1983-59 Amending Portions of Chapter 17.75 of Borough Code on Enforcement, Penalties, and Remedies1 'l 1 '? I ' 1 1 g n
KODIAK ISLAND BOROUGH
ORDINANCE NO. 83 -59 -0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING
PORTIONS OF CHAPTER 17.75 OF BOROUGH CODE ON ENFORCEMENT, PENALTIES AND
REMEDIES.
The Kodiak Island Borough Assembly Hereby Ordains:
SECTION 1: That Section 17.75.010 of Borough Code is amended to read as
I follows:
structures;
17.75.010 Administrative Enforcement Action.
A. The B 41.4414- eff4e4a. Zoning Officer may order:
1. The discontinuation of unlawful uses of land or
2. The removal or abatement of unlawful structures, or any
unlawful additions or alterations thereto;
3. The discontinuation of construction or other preparatory
activity leading to an unlawful structure or an unlawful use of a land or
structure;
4. When necessary to insure compliance with this title, the
suspension or revocation of building permits, variances, or other Borough
land use entitlements.
B. Upon complaint by a citizen, or upon his own initiative, the
baf +dfng- offfefaf Zoning Officer may, after investigation, initiate criminal
proceedings against any person for the violation of this title. Except for
prosecutions for failing to comply with an order issued under Subsection A of
this section, the bu4 ;d41g -e 4e4a1. Zoning Officer shall give at least ten
(10) days written notice of intent to prosecute, and may initiate criminal
proceedings only if the violation is not cured,- and -4f- tae - person- wke -4s -Eke
sdb a € - th net €a #s - te - seek- a- yar4alee -er- ether- apprepr4ate
adm414steat4ve- re 4e € within the notice period.
SECTION 2: That Section 17.75.020 of Borough Code is amended to read as
follows:
17.75.020 Administrative Inspections. In accordance with this
section, the bd4#4414 - a * *4e4a; Zoning Officer may make inspections necessary
to enforce the provisions of this title. When the bu #14414 - a €je 4a# Zoning
Officer has reasonable cause to believe that in any building or on any
premises there exists any violation of this title, he may enter such building
or premises at any reasonable times to inspect the same or perform any of his
duties under this title; provided, that where the constitution of the United 1
States or the State of Alaska requires that the bd 4.4419 -e* 4e4al. Zoning
Officer obtain a search warrant before making an inspection, he shall not make:
the nspection until authorized to do so by a search warrant issued by a courti
of competent jurisdiction.
SECTION 3: That this ordinance shall be in full force and effect upon passage,
and adoption.
!I,KODIAK ISLAND BOROUGH
ORDINANCE NO. 83 -59 -0
PAGE 2
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( ATTEST:
1 \B
,i oroug er
!FIRST READING DATE: August 4 1983 —
SECOND READING AND PUBLIC HEARING DATE: seat?mter ?_ taR'_
EFFECTIVE DATE: September 1 1953
and Zoning Commission.
REQUESTED BY: The Plannin
PREPARED BY: The Communit Develo ment De artment.
RECOMMENDATION: Planning e i "
I II
1
4 1
PASSED AND APPROVED THIS 1st DAY OF eaotember ' 1983. =
KODIAK ISLAND BOROUGH
BY
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