HomeMy WebLinkAboutOrd1994-032
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Spomored by: Klinkner
futroduction Date: AU2118t 8. 1994
Public Hearing Date: AU2118t 22. 1994
CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, PROVIDING FOR CIVIL PENALTIES
AND INJUNCTIVE RELIEF FOR VIOLATIONS OF THE CITY CODE
AND COORDINATING SUCH PROVISIONS WITH PROVISIONS OF THE
CODE RELATED TO BUSINESS LICENSES AND ASSESSMENT FEES
THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY
ORDAINS that:
Section 1. Section 1.05.010 of the Seward City Code is amended to read as follows:
1.05.010 General penalty; continuing violations.
A. Whenever in this code or any other ordinance or resolution, or any
rule, regulation or order duly promulgated by any officer or agency of the city
any act is prohibited or is declared to be Imlawful or an offense or a misdemean-
or, or the doing of any act is required or the failure to do any act is declared to
be Imlawful or an offense or a misdemeanor, where no specific penalty is
provided therefor, the violation of any such provision of such code or any other
ordinance or resolution or such rule, regulation or order shall be punished by a
fine not exceeding three hundred dollars ($300. (0).
B. The city or an aggrieved person may institute a civil action against
a person who violates a provision of this code or any other ordinance or
resolution, or any rule, regulation or order duly promulgated by any officer or
agency of the city. In addition to injlmctive and compensatory relief, a civil
penalty not to exceed $1, ()()() may be imposed for each violation. An action to
enjoin a violation may be brought notwithstanding the availability of any other
remedy. On application for injlmctive relief and a finding of a violation or a
threatened violation, the superior coun shall grant the injunction.
C. Except where otherwise provided, every day any violation of this
code or any other ordinance or resolution or rule, regulation or order shall
continue shall constitute a separate offense.
D. The penalties provided by this section shall, Imless another penalty
is expressly provided, apply to the amendments of any section of this code,
whether or not such penalties are re-enacted in the amendatory ordinance.
Section 2. Section 5.40.020 C. of the Seward City Code is enacted to read as follows:
5.40.020 Payment and collection of visitor assessment fee.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-032
e. A visitor assessment fee that is not paid on or before the due date
shall accrue a penalty equal to 100% of the amount of the fee required by this
chapter, which shall be payable when the fee is paid.
Section 3. Section 5.40.025 B. of the Seward City Code is amended to read as follows:
5.40.025 Penalties for failure to pay visitor assessment fee.
B. A lodging establishment owner who fails to pay the visitor assess-
ment fee required by this chapter shall also be subject to the civil remedies
provided in Section 1.05.010.
Section 4. Section 8.30.025 C.1. of the Seward City Code is amended to read as
follows:
8.30.025 Application for a business license.
e. Each application shall be accompanied by:
1. an annual, non-refuruJable fee of $30.00 per license,
provided that the fee per license for an application submitted after the due date
shall be $60.00;
Section S. Section 8.30.050 B. of the Seward City Code is amended to read as follows:
8.30.050 Penalties.
B. A person who fails to obtain a business license required by this
chapter, or violates any other provision of this chapter, shall also be subject to
the civil remedies provided in Section 1.05.010.
Section 6. Section 8.30.050 C. of the Seward City Code is repealed, and Section
8.30.050 D. of the Seward City Code is renumbered 8.30.050 C.
Section 7. Section 15.10.250 C. ofthe Seward City Code is enacted to read as follows:
15.10.250 Payment and collection of parking assessment fee.
e. A parking assessment fee or an installment on a parking assessment
fee that is not paid on or before the due date shall accrue a penalty equal to
100% of the amount of the fee or installment required under this chapter, which
shall be payable when the fee or installment is paid.
Section 8. Section 15.10.255 B. of the Seward City Code is amended to read as follows:
15.10.255 Penalties for failure to pay parking assessment fee.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-032
B. A business owner who fails to pay the parking assessment fee
required by this chapter shall also be subject to the civil remedies provided in
Section 1.05.010.
Section 9. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
22nd day of August, 1994.
THE CITY OF SEWARD, ALASKA
'&0 ~ LA ~. OMYY\..t.)
Dave W. Crane
Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Bencardino, Crane, Darling, Krasnansky, Sieminski
None
O'Brien
None
ATTEST:
APPROVED AS TO FORM:
\\-,~c~ _\ .~<N~
Linda S. Murphy, CMC/AAE
City Clerk
Wohlforth, Argetsinger, Johnson & Brecht,
Attorneys for the city of Seward, Alaska
~;~
City Attorney
(City Seal)
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