A. Enforcement. The city administrative official shall have the power and duty to enforce the provisions of this chapter. An appeal from a ruling of the administrative official shall be made to the planning commission.
B. Appeal to the city council.
1. An action or ruling of the planning commission authorized by this chapter may be appealed to the city council within 20 days after the commission has rendered its decision by filing written notice with the city clerk. Notice of appeal shall state the name or names of the petitioner, date, and action of the commission being challenged and the reasons for such an appeal. A fee may be established by the city council to defray the cost of preparing a transcript of the commission hearing(s). If no appeal is taken within the 20-day period, the decision of the commission shall be final. If an appeal is filed, the council shall receive a report and recommendation from the planning commission and transcript(s) of the hearing before the commission and shall hold a hearing on the record with verbal testimony relating to record hearings (no new evidence permitted) established before the planning commission. Notice of the public hearing shall be by posting notices in three standard locations in the city not less than five days and not more than 10 days prior to the date of the hearing.
2. The city council shall have the power to call up any action or ruling of the planning commission for hearing and review by the city council exercising its power to call up a legislative matter, the council shall decide at the time it sets the matter for public hearing whether new testimony shall be received or the matter heard on the record as in appeals pursuant to subsection 1. of this section. If new testimony is to be allowed, the notice of public hearing shall be written so as to inform the public of that fact.
C. Writ of review. Any person aggrieved by the action of the city council under § 13.06.030 may seek a review of that action as provided by Alaska State statutes.
D. Forms of petitions, applications and appeals. Petitions, applications, and appeals provided for in this chapter shall be made on forms provided for the purpose or as otherwise prescribed by the planning commission in order to assure the fullest practical presentation of pertinent facts and to maintain a permanent record. Applications for a building approval shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the exact size and locations on the lot of the buildings and other structures, existing and proposed; the existing and intended use of each building, structure or part thereof; the number of families to be accommodated, if any; and such other information as is needed to determine their conformance with the provisions of this title and of the subdivision code.
E. Temporary permits. The planning commission shall issue temporary permits for buildings to be constructed and used for storage incidental to construction of buildings on the property.
F. Interpretation. The provisions of this chapter shall be held to be the minimum requirements fulfilling its objectives. Where the conditions imposed by any other provisions of this chapter or of any other ordinance, resolution, or regulation, the provisions which are more restrictive shall govern.
G. Fees. For the purpose of partially defraying the expenses arising from or incident to investigation, evaluation and processing of application and petitions, and the costs of public notices and hearings incident thereto, fees are prescribed and required to be paid to the city at the time of filing of applicable petitions and applications, as the case may be. Said fees shall be prescribed by resolution of the city council and shall be available to all interested parties in the city office.
H. Penalty. Any person violating a provision of this chapter shall, upon conviction thereof, be punished by a fine not to exceed five hundred dollars ($500.00). A person violating a provision of this title is guilty of a separate offense for each day during which the violation continues.
(Ord. 81-09 (part), 1981)