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BELLS FLATS TR A BK 4 LT 2 - Code EnforcementKodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us November 30, 2011 Via: Hand Delivery Ticket Number: K.I.B. Impound Warning Sticker dated November 15, 2011 Additional Warnings: Oral Request to Depart provided on November 17, 2011 NOTICE OF TRESPASS ILLEGAL USE OF KODIAK ISLAND BOROUGH PROPERTY Mr. Craig Newbill Post Office Box 8893 Kodiak, AK 99615 Dear Mr. Newbill, Under the auspices of KIBC Title 18, Chapter 18.35, it has been determined that the activity outlined below is not a permitted use, and, must be discontinued immediately. The activity subject to this notice is: Parking and residing in 1983 Ford Motorhome, VIN: 1 FDKE30Z2CHB05019, AK License Plate: ECG139, on Kodiak Island Borough owned Public Use Lands Zoning District property, legal description: Bells Flats Tract A Block 4 Lot 2, physical address: 10939 Bells Flats Road. The motorhome you are parking and using as a residence on this K.I.B. owned property is located for reference, and depicted on the enclosed photographic documents. On November 15, 2011, a K.I.B. Warning sticker advising you of trespass and possible vehicle impoundment was placed on the above - identified motorhome. On November 17, 2011, our department visited the property and personally contacted you at the motorhome, warned you that your actions constituted trespass, and requested you remove the motorhome and depart from the property. Both warnings went unheeded and you continue to occupy the K.I.B. property from which your departure was requested. Your continued illegal occupation of this property is negatively affecting the surrounding community. Our department has received complaints from neighboring residents regarding excessive vehicular traffic to and from the motorhome and of the continued \ \dove \departments \CD \CD -17 Property Files \Bells Flats \Tract A \Block 04 \Lot 02 \Newbill Notice of Trespass.doc 1 of 4 nighttime use of a generator and lights in the area. Your continued presence also acts as a deterrent to others may desire to utilize that public land. In addition, several trees along the unimproved road leading to the motorhome have been cut down or trimmed and a report of the use of a snowplow on that unimproved road has been received. Applicable provisions of the Kodiak Island Borough Code of Ordinances are included below for your reference. KIBC18.35.010 Trespass -- Unlawful. It is unlawful for any person, firm or corporation to commit a trespass upon property owned or controlled by the borough. KIBC18.35.020 Trespass -- Defined. Any of the following acts, by any person, firm or corporation, are among those that constitute trespass and are a violation of the provisions of this chapter (applicable act listed): C. A failure or refusal to depart from borough property upon request to do so orally or in writing by an authorized agent of the borough. The occupation of the public's lands for residential purposes is not a permitted use. Upon oral or written notification and /or request, such use must cease. Failure to cease the occupation of public lands upon such notification or request constitutes the violation of trespass (KIBC 18.35.020 - C), and, persons found guilty of trespass are subject to enforcement actions as authorized under KIBC 18.35.050. KIBC18.35.05 Penalties and Remedies. A. A person who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than three hundred (300) dollars, in addition to the surcharge required to be imposed under AS 12.55.039. B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the plaintiff suffered as a result of the violation. C. Each act or condition violating this chapter, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough. Kodiak Island Borough Code Title 18 does not provide for any appeal procedure in this matter. Accordingly, having refused to depart upon the personal notification provided you on November 17, 2011, the Kodiak Island Borough hereby directs you to immediately depart from Borough property. The above - identified motorhome and all personal items must immediately be removed from Kodiak Island Borough property. Your failure to do so will result in the Borough exercising its right to impound the motorhome and remove any personal items, and to bill you, as the owner, for the costs incurred, as well as for the costs to repair any damage done to the property as a result of your occupation. \ \dove \departments \CD \CD -17 Property Files \Bells Flats \Tract A \Block 04 \Lot 02 \Newbill Notice of Trespass.doc 2 of 4 Your recognition of, and attention to, these requirements of Kodiak Island Borough Code are appreciated. Please feel free to contact me at (907) 486 -9364 with any questions or concerns you may have regarding this correspondence. Jack L. Maker, Code Enforcement Officer Cc: Mr. Bud Cassidy, Director, Community Development Department Mr. Rick Gifford, Manager, Kodiak Island Borough Mr. Robert Scholze, Resource Management Officer Ms. Cheryl Brooking, Kodiak Island Borough Attorney Mr. Dave Heuman, Chairperson, Womens Bay Road Service Area Planning and Zoning Commission File: Bells Flats Tract A Block 4 Lot 2 Enc: Photos. Photo of Motorhome Mr. Craig Newbill is using as a residence on K.I.B. property located at 10939 Bells Flats Road. \ \dove \departments \CD \CD -17 Property Files \Bells Flats \Tract A \Block 04 \Lot 02 \Newbill Notice of Trespass.doc 3 of 4 Photo of K.I.B. Impound Warning Sticker placed on Motorhome on November 15, 2011. Photos of trees cut down or trimmed on unimproved roadway leading to Motorhome. \ \dove \departments \CD \CD -17 Property Files \Bells Flats \Tract A \Block 04 \Lot 02 \Newbill Notice of Trespass.doc 4 of 4 BUILDING DEPARTMENT - KODIAK ISLAND BOROUGH APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY (APPLICANT TO FILL IN ALL INFORMATION WITHIN HEAVY LINES. PLEASE PRINT, USE BALL -POINT PEN, AND PRESS FIRMLY.) SUBDIVISION/SURVEY /72/ // LOT NO. BLOCK NO. CLASS AND SCOPE OF WORK NEW DEMOLISH STREET ADDRESS NEAREST CROSS STREET V CONTRACTOR NAME MAILING A DRESS CITY, STATE TELEPHONE NAME ADDRESS CITY, STATE STATE LICENSE NO. NAME ALTERATION REPAIR ADDITION MOVE USE OF BUILDING SIZE OF BUILDING HGT FLOORS NO. OF ROOMS ADDRESS CITY, STATE STATE LICENSE NO. (FOR OFFICE USE ONLY: CIRCLE) 1. OCCUPANCY GROUP A I B I E H I M R DIVISION 1 C) 3 4 5 2. TYPE OF CONSTRUCTION I I I 1 I 1 IV i CV FR 1 -HR. H.T. (N NO. OF FAMILIES NO. OF BUILDINGS NOW ON LOT USE OF BUILDINGS SIZE OF LOT WATER: PUBLIC PRIVATE SEWER: PUBLIC PRIVATE SPECIFICATIONS FOUNDATION TYPE DEPTH IN GND HGT FIN GRADE EXT PIERS BUILDING PERMIT NUMBER D VALUATION: (BASIS) AMOUNT DATE ISSUED 11 r6 BLDG PERMIT FEE PLAN CHK FEE TOTAL >� u 76 S 0 INSPECTION SCHEDULE BUILDING FOUNDATION FRAME PLASTER/BD FLUES FINAL P.T. PLATE (SILL) STRUCTURAL SIZE SPA. SPAN GIRDERS JOISTS 1ST FLR. JOISTS 2ND FLR. JOISTS CLG EXT STUDS INT STUDS PLUMBING ROUGH SEPTIC TANK SEWER GAS FINISH ELECTRICAL ROUGH FINISH FIXTURES MOTORS FINAL EACH OF THE ABOVE INSPECTIONS MUST BE REQUESTED AND THAT WORK APPROVED PRIOR TO ANY ADDITIONAL WORK PROGRESSING BEYOND THAT POINT, AS REQUIRED BY UBC SECTION 305. FOR EACH INSPECTION, 24 HOURS NOTICE IS REQUIRED. TELEPHONE THE KODIAK ISLAND BOROUGH ENGINEERING DEPARTMENT. 486-5736. EXT. 273. NOTES: INSTALLATION OF (MINIMUM) 18 -INCH BY 2O -FOOT CULVERT IS REQUIRED AT EACH DRIVEWAY ACCESS TO THE PROPERTY. SANITATION PLAN APPROVAL BY AN ADEC - CERTIFIED INSTALLER 1S REQUIRED PRIOR TO ISSUANCE OF A BUILDING PERMIT WHERE PUBLIC WATER AND /OR SEWER IS NOT AVAILABLE FROM A CERTIFICATED MUNICIPAL SYSTEM. INSTALLER'S PLAN APPROVAL RECEIVED INSTALLER ROOF RAFTERS TRUSSES BEARING WALLS INSULATION, FNDN WALLS ROOF /CLG SHEATHING, WALLS /EXT ROOF FLOOR FINISH, EXT WALLS ROOF FLUES, FIREPL WOOD HTR KITCHEN WATER HTR FURNACE, TYPE I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION, THAT IT IS CORRECT, AND THAT I AGREE TO COMPLY WITH ALL ORDINANCES AND LAWS REGULATING BUILD G 7.NSTRUCTION. APPLICANT PRIOR TO THE ISSUANCE OF A PERMIT, EITHER THE OWNER OF THE PROPERTY OR HIS AUTHORIZED AGENT MUST SIGN THIS APPLICATION OR GRANT OTHER WRITTEN PERMISSION FOR THE DESCRIBED WORK TO BE PERFORMED. TAX LOT NO 00 (2,0 4 DB 3 o DATE OWNER - -- -- -. PER OWNERSHIP TRANSFERRED, IN PROCESS, TO: PER CLOSING DATE, DEED RECORDED (BY) EA!' HI" I" -re. a l - !4 e z APPROVED, BUILDING OFFICIAL BY r PLOT PLAN (A SITE PLAN MAY ALSO BE REQUIRED) REAR PROPERTY LINE SIDE PROPERTY LINE FRONT PROPERTY LINE - SIDE PROPERTY LINE STREET NOTE: APPLICANT SHALL SHOW BUILDING SETBACKS FROM PROPERTY LINES, AS PERPENDICULAR DISTANCES FROM PROPERTY LINES TO BUILDING. DIMENSIONS OF STRUCTURE SHALL BE SHOWN ON THE PLAN. ZONING CODE COMPLIANCE ZONING DISTRICT TYPE OF OCCUPANCY NO. OF STORIES TOTAL HGT AREA OF LOT SETBACKS FROM PROPERTY LINES: FRONT REAR SIDE (L) SIDE (R) REQ'D OFF - STREET PARKING C.U.P. OR VARIANCE APPROVED, ZONING OFFICER BY