Kodiak Island Borough
City Zoning Code
City Zoning Code
17.210 Enforcement
Penalties and Remedies
*For provisions authorizing the assembly to prescribe penalties for violation of codified ordinances not to exceed a fine of $500.00 and imprisonment for 30 days, see AS 29.25.070.
17.210.010 Administrative enforcement action.
A. The manager or designee may order:
1. The discontinuation of unlawful uses of land or structures;
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 ensure 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 their own initiative, any borough code enforcement officer authorized to enforce this title may, after investigation, initiate 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 or where the protection of public health and safety requires immediate action, the borough code enforcement officer shall give at least 10 days’ written notice of intent to prosecute, and may initiate proceedings only if the violation is not cured within the notice period. [Ord. FY2020-09 §16, 2020; Ord. 83-59-O §1, 1983; Ord. 81-12-O §6, 1981; Ord. 80-24-O §3, 1980. Formerly §17.75.010].
17.210.020 Administrative inspections.
In accordance with this section, a borough code enforcement officer may make inspections of buildings or premises to check for zoning violations. When the officer has reasonable cause to believe there exists a violation of this title, the officer may enter such building or premises only if:
A. The owner or lessee has given consent; or
B. A judicially granted search warrant has been obtained. [Ord. FY2020-09 §16, 2020; Ord. 83-59-O §2, 1983; Ord. 80-24-O §3, 1980. Formerly §17.75.020].
17.210.030 Penalties and remedies.
A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or any term or condition of a conditional use, variance or other entitlement issued under this title is guilty of a violation and upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge required to be imposed under AS 12.55.039.
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A), or any term or condition of a conditional use, variance or other entitlement issued under this chapter; or to obtain damages for any injury the plaintiff suffered as a result of a 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, any order issued under KIBC 17.210.010(A), or any term or condition of a conditional use, variance, or other entitlement issued under this title 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. [Ord. FY2020-09 §16, 2020; Ord. 98-26 §9, 1998; Ord. 83-37-O §4, 1983; Ord. 80-24-O §3, 1980. Formerly §17.75.030].
17.210.040 Responsibility for violations.
The record owner and any person in possession or control of property maintained in violation of this title are responsible for the violation and are subject to prosecution in accordance with Chapter 1.20 KIBC and this chapter. [Ord. FY2020-09 §16, 2020].
17.210.010 Administrative enforcement action.
A. The manager or designee may order:
1. The discontinuation of unlawful uses of land or structures;
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 ensure 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 their own initiative, any borough code enforcement officer authorized to enforce this title may, after investigation, initiate 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 or where the protection of public health and safety requires immediate action, the borough code enforcement officer shall give at least 10 days’ written notice of intent to prosecute, and may initiate proceedings only if the violation is not cured within the notice period. [Ord. FY2020-09 §16, 2020; Ord. 83-59-O §1, 1983; Ord. 81-12-O §6, 1981; Ord. 80-24-O §3, 1980. Formerly §17.75.010].
17.210.020 Administrative inspections.
In accordance with this section, a borough code enforcement officer may make inspections of buildings or premises to check for zoning violations. When the officer has reasonable cause to believe there exists a violation of this title, the officer may enter such building or premises only if:
A. The owner or lessee has given consent; or
B. A judicially granted search warrant has been obtained. [Ord. FY2020-09 §16, 2020; Ord. 83-59-O §2, 1983; Ord. 80-24-O §3, 1980. Formerly §17.75.020].
17.210.030 Penalties and remedies.
A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or any term or condition of a conditional use, variance or other entitlement issued under this title is guilty of a violation and upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge required to be imposed under AS 12.55.039.
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A), or any term or condition of a conditional use, variance or other entitlement issued under this chapter; or to obtain damages for any injury the plaintiff suffered as a result of a 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, any order issued under KIBC 17.210.010(A), or any term or condition of a conditional use, variance, or other entitlement issued under this title 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. [Ord. FY2020-09 §16, 2020; Ord. 98-26 §9, 1998; Ord. 83-37-O §4, 1983; Ord. 80-24-O §3, 1980. Formerly §17.75.030].
17.210.040 Responsibility for violations.
The record owner and any person in possession or control of property maintained in violation of this title are responsible for the violation and are subject to prosecution in accordance with Chapter 1.20 KIBC and this chapter. [Ord. FY2020-09 §16, 2020].