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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