A. A violation of a provision of this code is an offense punishable by a penalty not to exceed a fine of $1,000, in addition to the surcharge required under AS 12.55.039. If another penalty is established by ordinance for the provision violated and that penalty is listed in the schedule of fines adopted by the borough assembly, that penalty shall apply.

B. In accordance with AS 29.25.070(a), citations for the certain offenses of KIBC 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 established in a schedule of fines adopted by the borough assembly by ordinance, plus the state surcharge required by AS 12.55.039 and 29.25.074. For purposes of elevated fines for subsequent offenses, a prior offense is within the time period for consideration if the conviction for that offense occurred within three years prior to the date of the present alleged violation. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. 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. If an offense is not listed on this schedule of fines, or if an offense is listed as requiring a mandatory court appearance, the defendant must appear in court to answer to the charges. The fines prescribed in the fine schedule may not be judicially reduced.

C. The borough or an aggrieved person may institute a civil action against a person, including a minor as provided in this subsection, who violates any provision of this code. In addition to injunctive and compensatory relief, the penalty listed in the schedule of fines adopted by the borough assembly, and not to exceed $1,000, 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 injunctive relief and a finding of a violation or a threatened violation, the superior court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a separate violation.

D. The borough shall provide written notice to the commissioner of health and social services or to the commissioner’s designee of the commencement of a civil enforcement action for the violation of an ordinance under subsection C of this section against a minor. Unless the commissioner and the borough have negotiated an agreement making other arrangements for the borough to provide the notice required by this subsection, the borough shall provide the notice by mailing a copy of the citation or other document setting out the notice of the commencement of the civil enforcement action.

E. In this section, “minor” means a person under 18 years of age.

F. Unless an ordinance authorizes use of a hearing officer, the enforcement of a civil penalty against a minor for violation of any provision of this code shall be heard in the district court in the same manner as for similar allegations brought against an adult, except that the minor’s parent, guardian, or legal custodian shall be present at all proceedings unless the court excuses the parent, guardian, or legal custodian from attendance for good cause.

G. An action for a civil penalty filed against a minor under this section does not give rise to the right to a trial by jury or to counsel appointed at public expense. [Ord. FY2020-09 §2, 2020; Ord. FY2015-06 §2 (Exh. A), 2014; Ord. FY2011-03 §2, 2010; Ord. 98-26 §2, 1998; Ord. 74-8-O §1, 1974; prior code Ch. 1 §11. Formerly §1.12.010].