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
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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.
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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.
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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.
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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