Loading...
HomeMy WebLinkAboutOrdinance No. 2389-2009SUBSTITUTE "F- ~- Suggested by: Planning 8s Zoning/Administration ~- tti~~rry~f CITY OF KENAI ORDINANCE N®. 2389-20®9 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.260 TO BETTER PROVIDE FOR ENFORCEMENT FOR VIOLATIONS OF THE KENAI CITY CODE AND TO PROVIDE FOR APPEAL OF ADMINISTRATIVE ENFORCEMENT ORDERS TO THE BOARD OF ADJUSTMENT. WHEREAS, KMC 14.20.260 provides for the administration and enforcement of the Kenai Zoning Code; and, WHEREAS, KMC 14.20.260 does mention the role of the City's Planner in administration and enforcement of the Kenai Zoning Code; and, WHEREAS, KMC 14.20.260 should be amended to define the role of the Planner in administration and enforcement of the Kenai Zoning Code; and, WHEREAS, KMC 14.20.260 also needs to be amended to better provide for administrative enforcement of the Kenai Zoning Code and other portions of the City Code; and, including enforcement orders and administrative fines; and, WHEREAS, KMC 14.20.260 should include the ability of a person served with an enforcement order to appeal that order to the City's Board of Adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.060 is hereby amended as shown on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 2009. ~~ ~~ PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Lntroduced: February 18, 2009 Adopted: March 18, 2009 Effective: April 18, 2009 New Text Underlined; [DELETED TEXT BRACKETED) SUBSTITUTE Ordinance No. 2389-2009 Attachment "A" 14.20.260 Administration, enforcement, and penalties. Page 1 of 3 [(A) TIIE CITY 1y1ANAGBR OF TI?E CITY OF KENAI IS NAlY1ED AS THE ADMINISTRATIVE OFFICIAL FOR THE PURPOSE OF ADMINISTERING AND ENFORCING TIIF PROVISIONS OP THIS CHAPTER. (B) IF THE ADMINISTRATIVE OFFICIAL FINDS THAT ANY OP THE PROVISIONS OF THIS CHAP'T'ER ARE BEIN<i VIOLATED, HE OR SHE SHALL NOTIFY IN WRITING THE PERSON RESPONSIBLE FOR SUCH VIOLATIONS, INDICATING THE NATURE OF THE VIOLATION AND ORDERING THE ACTION NECESSARY TO CORRECT IT. HE OR SHE SHALL ORDER DISCONTINUANCF. OP ILLEGAL USES OF LAND, BUILDING, OR STRUCTURES; REMOVAL OF ILLEGAL BUILDINGS, OR STRUCTURES OR OF ADDITIONS, ALTERATIONS, OR STRUCTURAL CHANGES TFIERETO; DISCONTINUANCE OF ANY ILLEGAL WORK BEING DONE; OR SHALL TAKE ANY OTHER ACTION AUTHORIZED BY THIS CHAPTER TO INSURE COMPLIANCE WITH OR TO PREVENT VIOLATIONS OF IT'S PROVISIONS.] a. Planning and Zoning Administration and Bnforcement.. The administration and enforcement of the Kenai Zoning Code is a function of the Planner under the supervision of the City Manager. b. City Planner -Functions and Powers. L The Cihy Mana ep r ma,~p~oint a City Planner and oue or more assistants, however denominated. 2. If appointed by the City Manager, the City Planner shall have al] functions and may_exercise ail_powers necessary to administer and enforce the zoniug code. Assistants to the C~ Planner may exercise the administration and enforcement functions and powers of the City Planner under the City Planner's supervision. 3. Administration and enforcement functions and powers of the City Ptanncr include, but are not limited to maintainine records of all zoning text and district changes related to this title. c. Enforcement orders. 1. In addition to any other remedy or other method of enforcement available under the Kenai Zoning Code or other provision of the Kenai City Code or other law, the Ci Mana er or the City Planner may order: The discontim~ation of a use of land or a structure that is in violation of the Kenai Zoning Code, a regulation or apermit. The abatement or eemoval of a structure or part of a structure that is in violation of the Kenai Zoning Code, a regulation or a erg mit. The discontinuation of construction or other activity preparatory to a structtu e or use of real property that is in violation of the Kenai Zoning Code, a reg<lation or a permit. The suspension or revocation of a permit under which a violation of the Kenai Zoning Code or regulations is occupied, maintained, constructed or established. 'the restoration of any structure, vegetation. land, water body or other thing a op n the land that is destroyed, damaged, altered or removed in violation of the Kenai Zoning Code, regulations or a permit. Anv other action necessary to prevent, abate or discontinue a violation of the Kenai Zoning Code, a regulation or a permit. (G). Correction or abatement of a violation of KMC 12.25.030. (H). Correction or abatement of a dolation of KMC 12.20.20-50. SUBSTITUTE Ordinance No. 2389-2009 Attachment "A" Page 2 of 3 2. An enforcement order issued under subsection (cl of this section may be directed to one or more violators. 3. A written enforcement order issued under subsection .fie) of ±his section that is served on a violator personally certified mail is immediatel~a~~ealable to the Board of Adjustment. An appeal must be fled within 15 days of service of the written enforcement order. Failure to appeal to the Board of Adjustment within 15 days of service shall constitute a waiver of all rights of meal from the order. The procedure for appeals is set forth in KMC 14.20.290. 4. Durhtg such 6me that an enforcement order is ender appeal, no further use or development contrary to the order may continue. 5. Upon correction of the condition or termination of the activity that caused the issuance of an enforcement order under subsection (c), the officer who issued the order map terminate the order or issue written confirmation of satisfactoi,~ compliance with the order. 6. An enforcement order need not be issued before a prosecution or legal action is commenced with respect to a violation of the Kenai Zoning Code, a regulation or a permit. The pendenev of an~proceedin~garding an enforcement order issued under subsection (c) of this section does not stay prosecution or other legal action with respect to the violation that is the subject of the enforcement order. d. Whenever a written enforcement order is in effect that has not been appealed, or if appealed, remains in effect durine an appeal or after all appeals are exhausted, and a violation continues to exist, the City Mana eg r maw (~ Commence proceedings to cause the abatement of the violation or, ~2) Assess an administrative fine, not exceedine $250.00 per day, for failure to comply with an enforcement order. e.[C] No permit for the erection, alteration, moving, or repair of any building or other structure shall be issued until an application has been made for a certificate of zoning compliance, and the certificate has been issued by the administrative of ciai in conformity with the pro-visioils of this chapter. The administrative offtcial shall maintain a record of all certificates of zoning compliance and espies shall be furnished upon request to any person. Failure to obtani a certificate of zoning compliance shall be a violation of this chapter and shall be punishable as provided in this section. All applications for certincates of zoning compliance shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and location, and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed buildings or alterations, existing or proposed uses of the building and land; the number of family housekeeping units, or rental units the building is designed to accommodate; conditions existing on the Lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. The administrative official shall render his decision within thirty (30) days of the filing of the application for a certificate of zoning compliance. However, this time limit may be extended by common consent and agreement signed by both the applicant and the administrative official. One copy of said plans shall be returned to the applicant by the administrative offtcial, after he or she hall have either attached a certificate of zoning compliance or marked the plans as disapproved SUBSTITUTE Ordinance No. 2389-2009 Attachment "A" Page 3 of 3 and attested to the same by his or her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the administrative official. ~t [D] Complaints Regarding Violations. Any person may f le a complaint regarding a~i alleged violation thereto. All such complaints shall be brought to the attention of the administrative official who shall record such complaint and immediately investigate and report thereon to the Commission and take any action required by this section. (g~[E] Penalties for Violations. For any and every violation of the provisions of this chapter, the owner, agent, or contractor of a building or premise where such violations have been committed or shall exist, or any other person who maintains any building or premises in which any violation exists, shall be subject to a [CIVIL] penalty in an amount as provided in KMC 13.05.010. Each and every day that such violation continues shat] be deemed a separate and distinct violation. All remedies provided for herein shalt be cumulative and not exclusive. The issuance or granting of a building permit or approval of plans or specifications under the authority of the building code without a certificate of zoning compliance shall not be deemed or construed to be a permit for; or an approval of, any violation of any of the provisions of this chapter or any amendment hereto. No permit presuming to give authority to violate or cancel any of the provisions of this chapter shall be valid except insofar as the work or use which is authorized is lawful and permitted.