1969-13 Amending Chapter 5 to Include Conservation ZonesKODIAK ISLAND BOROUGH
ORDINANCE NUMBER 69- 13 -0
AN AMENDING 14 E OF THE KODIAK I ISLAND BOROUGH O ORDINANCES AND RESOLUTI
BY INCLUDING CONSERVATION ZONES AS AN ADDITIONAL ZONE WHEREIN JUN
YARDS MAY BE OPERATED AND MAINTAINED AND BY AMENDING 5.2.4(a) OF
THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES AND RESOLUTIONS BY
ADDING SUB - SECTION 7 THERETO AND 5.2.7(c) BY ADDING THERETO SUB-
SECTION c 1 -5 GOVERNING THE ESTABLISHMENT AND OPERATION OF JUNK
YARDS WITHIN THE BOUNDARIES OF THE KODIAK ISLAND BOROUGH
BE IT ORDAINED as follows:
Section 1. Chapter 5, Sub - Chapter 2, Section 14 E of
the Kodiak Island Borough Code of Ordinances and Resolutions is
hereby amended by adding thereto conservation zones as an area
within which junk yards may be established and operated in addi-
tion to industrial zones.
Section 2. Chapter 5, Sub- Chapter 2, Section 4(a) of
the Kodiak Island Borough Code of Ordinances and Resolutions is
hereby amended by the addition thereto of Section 4(a)7 which
shall read as follows:
7. No person shall establish, operate, or
maintain a commercial, private or public junk
yard without a certificate of location being
first issued therefor by the Kodiak Island
Borough and if located within the boundaries
of the City or Village, the certificate of
location must also have been approved by the
city or village council.
A. The Kodiak Island Borough shall, in
considering applications for such certificate,
take into account:
(1) The nature and development of the
surrounding property.
(2) The need to protect the residents
of the borough from unpleasant and unwholesome
conditions and neighborhoods, to preserve the
beauty and aesthetic value of rural and resi-
dential areas, to safeguard the public health
and welfare, to promote good civic design, and
to promote the health, safety, morals, order,
convenience and prosperity of the community.
(3) The proximity of the proposed junk
yard to churches, schools, hospitals, public
buildings, recreation areas or other places of
public gathering.
Page One, ORDINANCE NO. 69- 13 -0
(4) The adequacy of fences and other
types of enclosures proposed to prevent the
unsightly display of any junk yard.
B. Pursuant thereto the following regulations
shall be adopted:
(11 All fences or enclosures shall be
seven (7) feet in height and the boards thereof
spaced no greater than two (2) inches apart.
(21 No junk yard shall be located less
than 500 yards from a residential area.
(31 All persons operating a junk yard shall
keep a record of their purchases, which may be in
the form of a receipt showing the date, name of
seller, general description of article, purchase
price.
C. The placement upon public property not
set aside by law as a refuse disposal site,
commercial, private or public junk yard or upon
any private property not specifically established,
operated or maintained as a commercial, private or
public junk yard of any wrecked, junked or abandoned
truck or automobile or part or bodies thereof, for
a period of thirty (30) days or more, is hereby
declared to cons - titute a public nuisance and may be
abated in the manner provided for herein in addition
to any other remedies the Kodiak Island Borough may
have for the abatement of public nuisances.
D. Nuisances as defined herein may be abated
as follows, in addition to any other remedies pro-
vided by law or the Code of Ordinances of the Kodiak
Island Borough. The Borough Chairman or his designs
after investigation, may order the abatement of such
nuisance by giving notice to the owner of the pre-
mises upon which the nuisance is located to abate
the same on or ten (10) days after the date of such
notice. The Borough Chairman may also give notice
to the last known registered owner or any person or
persons who may have acquired the right to possession
through the registered owner, of any vehicle declared
to constitute a public nuisance as defined in
Section A above; persons placing the nuisance upon
the property of another, or the lessee, agent, tenant
or person in control of the property where the nui-
sance is situated at the time of the notice to abate.
If the nuisance is not abated within the time pro-
vided for herein, the Borough Chairman or his desig-
nee may cause the abatement of such nuisance and the
cost of abatement may be charged against the owner
of the wrecked, junked or abandoned truck or auto-
mobile or part or body thereof or against the owner
of the property upon which the same is located or
both. Notice shall be deemed given when posted in
Page Two, ORDINANCE NO. 69- 13 -0
ATTEST:
the U.S. Mail to the last known address of
return
such persons, certified or registered, such
receipt requested. The cost of abating
nuisance shall become a lien against he action
property or may be collected by personal
against the person or persons responsible therefor.
E. "Abandoned "as used in 7C above includes
but is not limited to any automobile or truck or
parts thereof which is (1) not licensed as a motor
vehicle in accordance with the laws of the state
of Alaska for the then current year and (2) can-
not be operated as a motor vehicle because of
mechanical failure or defects.
F. "Junk" means any second -hand and obsolete
machineries, scrap iron, copper, lead, zinc,
aluminum, or other scrap metals; it also includes
wrecked vehicles, broken, worn out or useless tools,
implements, housewares and furniture, rags, rubber
and paper, rubbish and unusable building materials
or used lumber or building materials stored or held
for resale at a location not designated as licensed
for such a business.
G. Any person, firm, corporation or association
violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be subject to a fine in an
amount not exceeding THREE HUNDRED and No /100ths
6300.00) DOLLARS or imprisonment in jail for a
period not exceeding thirty (30) days or both such
fine and imprisonment and each day such violation
is tute a offense e and shalllbee s
punishable as
such hereunder.
Borough Clerk
KODIAK ISLAND BOROUGH
BY:
BY:
First Reading & Approval Date:
Second Reading & Public Hearing & Passage Date:
Effective Date:
Page Three,
ORDINANCE NO. 69- 13 -0
Press ing Officer
Boroug