CHAPTER 1.45: VIOLATIONS, ENFORCEMENT, AND PENALTIES
Section
1.45.020 Entitlement; conformity to code
1.45.030 Inspections; right of entry
1.45.045 Penalty surcharge authorization and collection
1.45.060 Civil penalties and remedies
1.45.070 Borough misdemeanors [Repealed]
1.45.090 Citations for borough infractions
1.45.100 Schedule of fines for infractions
1.45.110 Borough abatement of violations
1.45.120 Liability of violator for costs
1.45.130 Damage to borough property
1.45.010 VIOLATIONS.
(A) Every act or condition prohibited by this code is unlawful and is a violation of this code.
(B) Every act or condition that is not in compliance with a term, condition, or requirement of an entitlement, or enforcement order issued in accordance with this code, is a violation.
(C) Each act or condition in violation of this code, and every day upon which the act or condition occurs, is a separate violation.
(D) A violator is a person who, as principal or agent, violates this code.
(E) In addition to any other violator, the owner of real property, motorized vehicles, personal property, waste, trash, or junk, which is used, located, or found to be in violation of this code, is a violator of the code.
(F) The tenants, occupants, or users of any building, structure, premises, or part thereof, or any architect, builder, contractor, agent, or any occupant, user, or operator of vehicles or equipment, or any other person who commits, participates in, assists in, or maintains a violation, may each be found guilty of a separate offense and be subject to fines and penalties provided by this code.
(G) Violations of this code may be prosecuted civilly or criminally, as specified in A.S. 29.25.070.
(H) The remedies provided in this title are not exclusive, but are cumulative of all other remedies available at law or in equity.
(I) A minor who violates an ordinance, in addition to injunctive and compensatory relief, may have imposed upon him a civil penalty not to exceed $1,000 per violation. For purposes of this chapter, “minor” means a person under 18 years of age. During proceedings for violations of ordinance, the minor’s parent, guardian, or legal custodian shall be present unless excused by the court for good cause.
(Ord. 04-081, §§ 38, 39, 2004; Ord. 95-088(SUB)(am), § 15 (part), 1995)
1.45.020 ENTITLEMENT; CONFORMITY TO CODE.
(A) “Entitlement” as used in this code, means a permit, authorization, special limitation, right or privilege granted under borough code, including but not limited to, the following: a sale, lease, special limitation to a zoning map, plat approvals, vacations of rights-of-way or easements, waivers, variances, and exemptions.
(B) An entitlement which does not conform to the requirements of this code is subject to revocation.
(Ord. 95-088(SUB)(am), § 15 (part), 1995)
1.45.030 INSPECTIONS; RIGHT OF ENTRY.
(A) An administrative official at any reasonable time may, upon presentation of borough identification, enter upon and inspect any land, building or premises where the official has reasonable cause to believe there exists a violation of this code, or enter upon such a building, or premises to perform a duty authorized by this code.
(B) When consent for inspection is refused or otherwise unobtainable, an administrative official shall obtain an administrative search warrant from a court of proper jurisdiction authorizing an inspection and exhibit the warrant to the person in charge of the premises before conducting the inspection. The administrative official shall apply to the state courts for an inspection warrant, stating in the application the owner and occupant and the address of the premises to be inspected, the authority to conduct the inspection, the nature and extent of the inspection and the facts and circumstances justifying the inspection. Warrants issued under this section shall be returned within 10 days of issuance.
(Ord. 04-081, § 40, 2004; Ord. 95-088(SUB)(am), § 15 (part), 1995)
1.45.040 INTERFERENCE.
(A) It is a violation for anyone who knows that a code compliance officer is performing the officer’s duty, to interfere with the officer in a manner that creates a risk of physical injury to any person.
(B) Violation of this section is a minor infraction.
(Ord. 17-103, § 2, 2017; Ord. 95-088(SUB)(am), § 15 (part), 1995)
1.45.045 PENALTY SURCHARGE AUTHORIZATION AND COLLECTION.
The surcharge required to be imposed pursuant to AS 12.55.039 is authorized and shall be imposed as a surcharge on penalties imposed for the violation of an ordinance, code provision, or regulation of the Matanuska-Susitna Borough brought under a citation or criminal complaint that would require a proceeding in the Alaska court system if the defendant were to enter a plea of not guilty. The court may impose and collect the surcharge on all penalties imposed by the court or fines and bail forfeitures that are paid to the court.
(Ord. 98-134, § 2, 1998)
1.45.050 ENFORCEMENT ORDERS.
(A) An administrative official may issue an enforcement order which describes the violation, specifies the code being violated, and orders:
(1) the discontinuation of a use, activity, development, or occupancy that is in violation of this code;
(2) the abatement, or removal of development, structures, material, vehicles, equipment, or things that are in violation of this code;
(3) the discontinuation of activity preparatory to occupancy, use, development or activity that is in violation of this code;
(4) the suspension or revocation of an entitlement issued under this code, which is being used as authority for a violation;
(5) any restoration, repair, or replacement necessary as a result of a violation or to eliminate a violation; or
(6) any other lawful action considered necessary by the manager to prevent, abate, or discontinue a violation of this code and to bring a violation into compliance with this code.
(B) An enforcement order may require a time frame for compliance.
(C) When an enforcement order is posted or lawfully served, all activity contrary to the terms of the order shall cease until the order is rescinded and removed, or continuance is authorized in writing by the borough manager.
(D) Unless otherwise specified by code, an enforcement order issued hereunder which is posted at the site where the violation is occurring, if the violator cannot be located or personally served, or served on a violator personally or by certified mail, is final with respect to that violator if not appealed within 15 calendar days of its service or posting.
(E) When necessary to avoid or abate an imminent or existing nuisance or hazard to public health, safety or welfare an enforcement order need not be issued before any lawful action is commenced with respect to a violation of this code.
(F) The pendency of any proceeding regarding an enforcement order issued pursuant to MSB 1.45.050(A) does not stay any other legal action with respect to the violation that is subject of the enforcement order.
(Ord. 04-081, § 41, 2004; Ord. 97-041(AM), § 2, 1997; Ord. 95-088(SUB)(am), § 15 (part), 1995)
1.45.060 CIVIL PENALTIES AND REMEDIES.
(A) The borough or any person aggrieved by a violation of this code may bring a civil action to perform the following:
(1) A violation of this code may be enjoined or abated. Pursuant to A.S. 29.25.070(b), upon application for injunctive relief and a finding that a person is violating or threatening to violate this code, the superior court shall enjoin the violation.
(2) Any partition, sale, transfer or lease of property that creates a subdivision of land in violation of this code may be enjoined. Any transfer of real property subdivided in violation of this code may be enjoined until the violation has been cured.
(3) Restoration may be required for any structure, vegetation, land, water body, or other thing that is destroyed, damaged, altered, or removed in violation of this code.
(4) Damages may be recovered resulting or related to the violation, including but not limited to, treble damages allowable in accordance with A.S. 9.45.730.
(5) In addition to injunctive or compensatory relief, a civil penalty not exceeding $1,000 for each violation and applicable attorney’s fees shall be recovered.
(Ord. 04-081, § 42, 2004; Ord. 95-088(SUB)(am), § 15 (part), 1995)
1.45.070 Borough misdemeanors. [Repealed by Ord. 17-103, § 3, 2017]
1.45.080 GENERAL PENALTY.
(A) A borough infraction is a minor offense that carries no jail sentence or penalty other than a fine not to exceed $1,000. A person charged with a borough infraction is not entitled to a trial by jury or a public defender or other counsel appointed at public expense.
(B) Unless another penalty is provided in this code, any person deemed guilty of a violation that is classified as a borough infraction shall, upon conviction, be subject to a fine in accordance with MSB 1.45.100.
(C) Every act in violation of a provision of this code is a borough infraction unless specifically classified as a borough misdemeanor.
(Ord. 17-103, § 4, 2017: IM 04-209, pages 1 and 2, presented 7-20-04; Ord. 04-081, § 44, 2004; Ord. 95-088(SUB)(am), § 15 (part), 1995)
1.45.090 CITATIONS FOR BOROUGH INFRACTIONS.
(A) An administrative official authorized by the manager may issue, file, and serve citations for violations of the provisions of this code which are borough infractions.
(B) [Repealed by Ord. 17-103, § 5, 2017]
(C) [Repealed by Ord. 17-103, § 5, 2017]
(D) [Repealed by Ord. 17-103, § 5, 2017]
(E) [Repealed by Ord. 17-103, § 5, 2017]
(F) In accordance with AS 29.25.070(a), citations for the offenses listed within MSB 1.45.100 may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the fine amounts listed within MSB 1.45.100, plus the state surcharge required by AS 12.55.039, and AS 29.25.074. Fines must be paid to the court. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed within MSB 1.45.100. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense listed within MSB 1.45.100. If an offense is not listed within MSB 1.45.100, the defendant must appear in court to answer to the charges. Fines within MSB 1.45.100 may not be judicially reduced.
(Ord. 17-103, § 5, 2017; Ord. 04-081, § 45, 2004; Ord. 95-088(SUB)(am), § 15 (part), 1995)
1.45.100 SCHEDULE OF FINES FOR INFRACTIONS.
(A) Except as otherwise specified by ordinance, the minimum fine for an infraction of this code is $75.
(B) [Repealed by Ord. 15-072, § 2, 2015]
(C) The following schedule of minimum fines shall apply to the violation of the specified codes and may not be judicially reduced:
|
Code Reference |
Description |
Fine Amount |
|---|---|---|
|
1.45.010(B) |
Violation of term, condition or requirement |
|
|
|
1st Offense |
$300 |
|
|
2nd and Subsequent Offenses |
$500 |
|
1.45.040(A) |
Interference |
$150 |
|
1.45.050(C) |
Enforcement Orders—Failure to Comply |
|
|
|
1st Offense |
$300 |
|
|
2nd and Subsequent Offenses |
$500 |
|
Damage to Borough Property |
$500 |
|
|
2.85.015(C)(1) |
Failure to Pay Parks, Recreation and Trails Fees—Operator |
$40 |
|
2.85.015(C)(2) |
Failure to Pay Parks, Recreation and Trails Fees—Owner |
$40 |
|
Solid Waste—Prohibited Disposal Items |
$100 |
|
|
Solid Waste—Prohibited Acts |
$100 |
|
|
Solid Waste—Unsecured Refuse |
$100 |
|
|
Solid Waste—Littering |
$500 |
|
|
Land Application of Biosolids Prohibited |
$500 |
|
|
Abuse of 911 System Prohibited |
$250 |
|
|
Water Pollution Control |
$100 |
|
|
Improper Sewage Disposal |
$500 |
|
|
Improper Use and Location of Facilities |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Pollution of Waterbody |
$500 |
|
|
Fireworks Control—Sale Prohibition |
$500 |
|
|
Fireworks Control—Use Prohibition |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Trash and Junk Violation |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Violation of Amplified Sound and Vibration |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Failure to Obtain Special Events Permit |
$500 |
|
|
8.55.100(A) |
Special Events Prohibited Acts or Conditions |
|
|
|
1st Offense |
$300 |
|
|
2nd and Subsequent Offenses |
$500 |
|
Unauthorized Use of Disabled Persons Parking without Permit |
|
|
|
|
1st Offense |
$125 |
|
|
2nd and Subsequent Offenses |
$250 |
|
Unauthorized Use of Disabled Persons Parking with Special License Plate or Permit |
|
|
|
|
1st Offense |
$250 |
|
|
2nd and Subsequent Offenses |
$500 |
|
Open Burning—General Restrictions |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
8.75.060(C) |
Open Burning during Air Quality Advisory |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
10.12.010(A) |
Abatement of Abandoned Vehicles—Right-of-Way |
$150 |
|
10.12.010(B) |
Abatement of Abandoned Vehicles—Borough-Owned/Controlled Property |
$150 |
|
11.10.020(A) |
Failure to Obtain Encroachment Permit |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
11.10.030(C) |
Unauthorized Encroachment |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
11.20.060(A) |
Address Numbers Required |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.02.020(A) |
Failure to Obtain Mandatory Land Use Permit |
$150 |
|
Nancy Lake State Recreation Area Special Land Use District—Conformance Required |
$150 |
|
|
Nancy Lake State Recreation Area Special Land Use District—Junk Storage |
$150 |
|
|
Hay Flats Recreation Area Special Land Use District—Conformance Required |
$150 |
|
|
Hay Flats Recreation Area Special Land Use District—Junk Storage |
$150 |
|
|
Sex Offender Residing Within Prohibited Area |
$500 |
|
|
Denali State Park Special Land Use—Conformance Required |
$150 |
|
|
Denali State Park Special Land Use—Prohibited Uses |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Denali State Park Special Land Use—Compliance |
$150 |
|
|
Denali State Park Special Land Use—Building Height Limits |
$150 |
|
|
Denali State Park Special Land Use—Setback Requirements |
$150 |
|
|
Denali State Park Special Land Use—Vegetation Buffer |
$150 |
|
|
Denali State Park Special Land Use—Signs |
$150 |
|
|
Chickaloon Special Land Use District—Conditional Uses |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Chickaloon Special Land Use District—Prohibited Uses |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Chickaloon Special Land Use District—Compliance |
$150 |
|
|
Glacier View Special Land Use District—Conformance Required |
$150 |
|
|
Glacier View Special Land Use District—Conditional Uses |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Glacier View Special Land Use District—Prohibited Uses |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.20.030(A) |
Knik Sled Dog and Recreation Special Land Use District—Conformity Required |
$150 |
|
Knik Sled Dog and Recreation Special Land Use District—Conditional Uses |
|
|
|
1st Offense |
$150 |
|
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.20.060(A) |
Knik Sled Dog and Recreation Special Land Use District—Prohibited Uses |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Point MacKenzie Port Special Use District—Conformance Required |
$150 |
|
|
Point MacKenzie Port Special Use District—Prohibited Uses |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Point MacKenzie Port Special Use District—Development Permit Required |
$150 |
|
|
Talkeetna Special Land Use District—Conformance Required |
$150 |
|
|
Talkeetna Special Land Use District—Setbacks |
$150 |
|
|
Talkeetna Special Land Use District—Main Street Talkeetna District |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Talkeetna Special Land Use District—West Talkeetna Townsite District |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Talkeetna Special Land Use District—Spur Road North District |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Talkeetna Special Land Use District—Spur Road Central Land Use District |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Talkeetna Special Land Use District—Spur Road South Land Use District |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Talkeetna Special Land Use District—Christiansen Lake Land Use District |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Talkeetna Special Land Use District—Conditional Use Permits |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Sutton Special Land Use District—Conformance Required |
$150 |
|
|
Sutton Special Land Use District—Conditional Uses |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Sutton Special Land Use District—Prohibited Uses |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.28.020(C) |
Earth Material Extraction without a Permit |
|
|
|
1st Offense |
$300 |
|
|
2nd and Subsequent Offenses |
$500 |
|
17.28.030(D) |
Earth Material Extraction—Permit Required Water Table Extraction |
|
|
|
1st Offense |
$300 |
|
|
2nd and Subsequent Offenses |
$500 |
|
17.28.030(E) |
Earth Material Extraction—Interim Materials District |
|
|
|
1st Offense |
$300 |
|
|
2nd and Subsequent Offenses |
$500 |
|
Earth Material Extraction—Site Development Standards—Interim Materials District |
$300 |
|
|
17.28.200(A) |
Earth Material Extraction—Interim Materials District Violations, Enforcement and Penalties |
$150 |
|
Flood Damage Prevention—Building in Flood Hazard Area |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Flood Damage Prevention—Development Permit Required |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.30.025(D) |
Earth Material Extraction—Violation of Nonconforming Uses |
$300 |
|
17.30.037(A) |
Earth Material Extraction—Conditional Use Permit—High Water Table |
|
|
|
1st Offense |
$300 |
|
|
2nd and Subsequent Offenses |
$500 |
|
17.30.140(B) |
Earth Material Extraction—Permit Required |
|
|
|
1st Offense |
$300 |
|
|
2nd and Subsequent Offenses |
$500 |
|
17.30.140(C) |
Earth Material Extraction—Violation of Condition of Conditional Use Permit |
|
|
|
1st Offense |
$300 |
|
|
2nd and Subsequent Offenses |
$500 |
|
Residential Planned Unit Development Prohibition |
$150 |
|
|
Residential Land Use District—Conditional Use Permit |
$150 |
|
|
17.55.010(A) |
Setbacks—Structure Placed within 25 Feet from Public Right-of-Way |
$300 |
|
17.55.010(B) |
Setbacks—Structure Placed within 10 Feet of Lot Line |
$300 |
|
17.55.010(G) |
Setbacks—Structure Placed within 10 Feet from Railroad Right-of-Way |
$300 |
|
Setbacks—Structure Placed Too Close to Water Body |
$300 |
|
|
17.55.020(E) |
Setbacks—Sewage Disposal System |
$300 |
|
Motorized Uses on Lakes and Waterways—Safety |
$150 |
|
|
Motorized Uses on Lakes and Waterways—Buoys and Signs |
$150 |
|
|
17.58.100(B) |
Limitation of Motorized Uses on Designated Lakes and Waterways—Noise Control |
$150 |
|
17.58.100(C) |
Limitation of Motorized Uses on Designated Lakes and Waterways—No-Wake Zone |
$150 |
|
17.58.100(D) |
Limitation of Motorized Uses on Designated Lakes and Waterways—Hours of Operation |
$150 |
|
17.58.100(E) |
Limitation of Motorized Uses on Designated Lakes and Waterways—Special Events Permits |
$150 |
|
Prohibition of Motorized Uses on Cottonwood Creek |
$150 |
|
|
17.59.060(B) |
Lake Management Plan Implementation—Quiet Hours |
$150 |
|
17.59.060(C) |
Lake Management Plan Implementation—No-Wake Zone |
$150 |
|
17.59.060(D) |
Lake Management Plan Implementation—Motorized Watercraft Use |
$150 |
|
17.59.060(E) |
Lake Management Plan Implementation—Special Permit |
$150 |
|
17.59.060(F) |
Lake Management Plan Implementation—Winter Motor Vehicle Control |
$150 |
|
17.59.060(G) |
Lake Management Plan Implementation—Ice House Registration |
$150 |
|
Operating without a Conditional Use Permit |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.60.110(A) |
Conditional Use Permits—Junkyards and Refuse Area Standards |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.60.120(D) |
Conditional Use Permits—Standards for Correctional Community Residential Centers |
$150 |
|
17.60.215(C) |
Conditional Use Permits—Failure to Correct a Violation of Conditions |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.61.030(A) |
Core Area Conditional Use Permit Requirements—Conditional Use Permit Required |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.61.080(A) |
Core Area Conditional Use Permit Requirements—Noise Standards |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.61.090(A) |
Core Area Conditional Use Permit Requirements—Traffic Standards |
$150 |
|
17.61.100(A) |
Core Area Conditional Use Permit Requirements—Hazardous Materials Standards |
$150 |
|
17.62.020(B) |
Coal Bed Methane—Exploration Permit Application Required |
|
|
|
1st Offense |
$300 |
|
|
2nd and Subsequent Offenses |
$500 |
|
17.63.015(A) |
Race Track Regulations—Conditional Use Permit Required |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Conditional Use Permit for Waste Incinerators—Conditional Use Required |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.64.140(A) |
Conditional Use Permit for Waste Incinerators—Violations, Enforcement and Penalties |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.67.020(D) |
Tall Structure—Permit Required |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Permit Required—Alcoholic Beverage |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.73.050(A) |
Multifamily Development Design Standards—Approval Required |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
17.75.040(A) |
Single-Family Residential Land Use District—Conformance Required |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Large Lot Single-Family Residential Land Use District—Conformance Required |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Nonconforming Structures—Repairs and Maintenance |
$150 |
|
|
Nonconforming Structures—Restoration of Damaged Property |
$150 |
|
|
17.90.015(A) |
Operating an Adult Business |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Trapping on School Property |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
23.05.050(A) |
Use of Borough-Owned Property |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
23.05.050(B) |
Real Property—Removal of Resources |
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
Trapping Prohibited |
|
|
|
|
1st Offense |
$150 |
|
|
2nd Offense |
$300 |
|
|
3rd and Subsequent Offenses |
$500 |
|
43.05.030(A) |
Subdivisions—Illegal Sales |
$500 |
|
43.05.030(B) |
Subdivisions—Illegal Filing |
$500 |
|
43.05.030(C) |
Subdivisions—Unlawfully Subdivided—Violation of Terms |
$500 |
|
43.05.040(A) |
Subdivisions—Violations, Enforcement and Penalties |
$150 |
(Ord. 23-048, § 4, 2023; Ord. 22-073, § 2, 2022; Ord. 21-036, § 2, 2021; Ord. 19-032, § 5, 2019; Ord. 17-103, § 6, 2017; Ord. 17-021, § 12, 2017; Ord. 15-072, §§ 2, 3, 2015; Ord. 14-104, § 4, 2014; Ord. 07-170(AM), § 4, 2007; Ord. 04-081, § 46, 2004; Ord. 00-156, § 2, 2000; Ord. 99-112, § 2, 1999; Ord. 99-053, § 2, 1999; Ord. 96-013AM, § 4, 1996; Ord. 95-088(SUB)(am), § 15 (part), 1995)
1.45.105 FORFEITURE OF TRAPS.
Ownership rights of any trap found on public school property owned by the borough, or any trap found on borough-owned property which is part of the Crevasse Moraine system, Lazy Mountain Recreation Area, Matanuska River Park, Alcantra Athletic Complex, West Bodenburg Butte, and Jordan Lake Park, are forfeited upon conviction of MSB 2.85.020(D) or 19.12.015.
(Ord. 17-021, § 13, 2017)
1.45.110 BOROUGH ABATEMENT OF VIOLATIONS.
(A) Nothing within this title shall prevent the borough from taking other lawful action necessary to prevent or remedy any violation.
(B) If borough actions conducted in accordance with code have not resulted in abatement of the violation, the borough manager may authorize the necessary and appropriate actions to abate the violation and to comply with the code. These actions may include, but are not limited to: eviction of persons, collections of money, retrieval, restoration, repair, protection, stabilization, impoundment, storage, removal, decontamination, and disposal of vehicles, equipment, animals, material, structures, land, water, soil, snow, vegetation, litter, trash, waste, junk, or hazardous material as is appropriate.
(Ord. 04-081, § 47, 2004; Ord. 95-088(SUB)(am), § 15 (part), 1995)
1.45.120 LIABILITY OF VIOLATOR FOR COSTS.
(A) In addition to applicable penalties and damages assessed due to violations of this code, the violator is liable for any costs reasonably incurred by the borough in abating the violation. Reasonable costs include, but are not limited to: directly related administrative costs, attorney fees, and costs related to litigation, posting and publication of notices, process service and costs related to actions taken pursuant to MSB 1.45.110(B). These costs shall become a lien on the violator’s property, if the property was the subject of the abatement action, or shall become collectible and subject to any collection actions the borough employs to collect other debts.
(Ord. 04-081, § 48, 2004; Ord. 95-088(SUB)(am), § 15 (part), 1995)
1.45.130 DAMAGE TO BOROUGH PROPERTY.
(A) A person commits the infraction of damaging borough property if the person conceals, damages, mutilates, destroys, removes, vandalizes, defaces, or tampers with borough owned or leased property.
(Ord. 04-081, § 49, 2004; Ord. 95-088(SUB)(am), § 15 (part), 1995)