§ 14.40.320. Enforcement hearing—Jurisdiction.

A.

The RSA board will conduct adjudicative proceedings under this chapter. Alternatively, the chair of the RSA board may appoint a panel of no fewer than 3 RSA board members to hear an appeal regarding enforcement of KPB chapter 14.40, on a case-by-case basis. The body that conducts adjudicative proceedings under this chapter is referred to as the "RSA panel."

B.

The RSA board shall have jurisdiction of the following matters:

1.

Civil fines included on the schedule set forth in KPB 14.40.380;

2.

Enforcement of permit conditions pursuant to this chapter;

3.

Abatement or correction of violations pursuant to this chapter, including but not limited to failure to obtain a necessary permit; and

4.

Claims of damage to borough rights-of-way.

C.

The RSA board may assess civil fines pursuant to KPB 14.40.380 and costs pursuant to KPB 14.40.115(L), 14.40.150 and 14.40.175, but may not assess attorney's fees. The RSA board may make other orders in connection with violations within its jurisdiction pursuant to KPB 14.40.320(B).

D.

The jurisdiction of the RSA board to hear and decide matters alleging violations of this title shall not be exclusive, but shall be concurrent with that of the state courts.

(Ord. No. 2015-22 , § 1, 8-18-15)