Chapter 14.44 ENFORCEMENT, PENALTIES, AND REMEDIES

Chapter 14.44
ENFORCEMENT, PENALTIES, AND REMEDIES

Sections

14.44.010 Enforcement authority

(a) The building official shall have the power and duty to enforce the provisions of this title.

(b) Stop order—issuance. Whenever any work is being done in violation of the provisions of this title, or in variance with the terms of any permit issued for such work, the building official may order all work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this title corrected. Such stop order, if oral, shall be followed by a written stop order within 24 hours (excluding Saturdays, Sundays, and holidays).

(c) Stop order—violation, revocation. It is unlawful to do or perform any work in violation of such stop order, except as may be necessary to prevent injury or damage to persons or property. Such stop order may be revoked by the building official, city engineer, city manager, or city council.

(d) Upon written complaint by a citizen, or upon the building official’s own initiative, the official may, after investigation, initiate legal proceedings against any person for the violation of this title. The building official shall give at least 10 days’ written notice of intent to prosecute and may initiate legal proceedings only if the violation is not cured within that period, and if the person who is the subject of the notice fails to seek an exception or other appropriate relief within the notice period. [Ord. 650, 1982]

14.44.020 Administrative inspections

In accordance with this chapter, the building 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 any violation of this title, the official may enter such building or premises at any reasonable time to inspect the same or perform any duties under this title; provided, that where the Constitution of the United States or the state of Alaska requires that the building official obtain a search warrant before making an inspection, the official shall not make the inspection until authorized to do so by a search warrant issued by a court of competent jurisdiction and then only in the company of a peace officer. [Ord. 650, 1982]

14.44.030 Penalties and remedies

(a) A person who violates any provision of this title or any order issued under KCC 14.44.010 is guilty of an infraction and subject to a fine of not more than $300.00 plus any surcharge required to be imposed by AS 29.25.072. Each day of violation constitutes a separate offense.

(b) The city or any aggrieved person may bring a civil action to enjoin any violation of this title, or any order issued under KCC 14.44.010, and to obtain damages for any injury the plaintiff suffered as a result 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 KCC 14.44.010 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 city. [Ord. 1081 §17, 1998; Ord. 753 §7, 1985; Ord. 650, 1982]