Loading...
FY2020-09 Amending Titles 1, 6, 8, 9, 10, 13, 15, 16, 17, and 18 of the Borough Code to Clarify and Make Consistent Language Relating to Code Enforcement1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Introduced by: Borough Manager Drafted by: Borough Manager Introduced on: 02/06/2020 Public Hearing Date: 02/20/20 Adopted on: 2/20/20 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2020-09 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLES 1, 6, 8, 9, 10, 13, 15, 16, 17 AND 18 OF THE BOROUGH CODE TO CLARIFY AND MAKE CONSISTENT LANGUAGE RELATING TO CODE ENFORCEMENT WHEREAS, in 2014 the Borough Assembly chose to proceed with modifications to the Kodiak Island Borough Code to accommodate inclusion of certain Borough Code violations in the Alaska Uniform Minor Offense Table (UMOT), thus allowing enforcement with citations; and WHEREAS, the Assembly finds that potential jail time and labelling certain code violations as misdemeanors restricts the ability to enforce those offenses through a citation process; and WHEREAS, the Assembly finds that it is appropriate to update references to enforcement officers in the Borough Code to eliminate different terms referring to the same functions; and WHEREAS, the Assembly finds that it is in the public interest to enable Borough staff to enforce the Borough Code using the minor offense process through the Alaska Court system. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Sections 2 through 17 of this ordinance are of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Kodiak Island Borough Code Chapter 1.20, General Penalty, is amended to read as follows: Chapter 1.20 GENERAL PENALTY Sections: 1.20.010 Designated. 1.20.020 Scope of prohibitions. 1.20.030 Code enforcement officer designation. 1.20.040 Application of fine schedule. 1.20.050 Fine schedule. 1.20.010 Designated. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 1 of 22 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 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 reselutien, 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 3 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. These 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 2 of 22 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 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. 1.20.020 Scope of prohibitions. When an ordinance of the borough prohibits an act or an omission, it shall be construed to prohibit causing, aiding, abetting, or concealing the fact of the act or omission. 1.20.030 Code enforcement officer designation. The manager may designate in writing as borough code enforcement officers those persons authorized to enforce any part of this code. Any officer so designated to enforce some or all provisions of the KIB Code shall be authorized to issue citations, or notices of violation where permitted, for any violation of this code which the officer is authorized to enforce in the manner provided by AS 12.25.180 through 12.25.230. Borough code enforcement officers appointed under the authority of this section shall not have the general authority of police officers. 1.20.040 Application of fine schedule. A. For voluntary disposition after either arraignment or application for entry of a default judgment, the alleged violator may submit the amount set forth in the fine schedule, along with the required statutory police training surcharge, to the court. B. In the event any penalties or fines are not paid within 30 days after the date they are due pursuant to the court's order, such penalties or fines shall be delinquent. C. Notwithstanding other provisions of this section, delinquent penalties and fines may be collected through any lawful means. The cost of collection of such accounts shall be added to the amount owed. 1.20.050 Fine schedule. Code Section Offense Penalt /Fine KIBC 6.04.020 Cruelty to Animals mandatory court appearance KIBC 6.04.060 Contagious Animals Prohibited (1st offense) 55 KIBC 6.04.060 Contagious Animals Prohibited (2nd offense) 83 KIBC 6.04.060 Contagious Animals Prohibited (3rd and 100 subsequent offenses) KIBC 6.04.080 Annoying Animals Prohibited (1st offense) 28 KIBC 6.04.080 Annoying Animals Prohibited (2nd offense) 55 KIBC 6.04.080 Annoying Animals Prohibited (3rd and LIL3 subsequent offenses) Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 3 of 22 Code Section Offense Penalty/Fine KIBC 6.04.100(A) Control of Animals mandatory court appearance KIBC 6.04.100(B)&(D) Control of Animals (1st offense) 55 KIBC 6.04.100(8)&(D) Control of Animals (2nd offense) 83 KIBC 6.04.100(6)&(D) Control of Animals (3rd and subsequent 110 offenses KIBC 6.04.110 Animal Littering Prohibited (1st offense) 28 KIBC 6.04.110 Animal Littering Prohibited (2nd offense) 55 KIBC 6.04.110 Animal Littering Prohibited (3rd and 83 subsequent offenses) KIBC 6.04.120(A,B,C)&(D) Animal Identification (1st offense) 28 KIBC 6.04.120(A,B,C)&(D) Animal Identification (2nd offense) 55 KIBC 6.04.120(A,B,C)&(D) Animal Identification (3rd and subsequent 83 offenses KIBC 6.04.130 Animal Tag and Collar (1st offense) 28 KIBC 6.04.130 Animal Tag and Collar (2nd offense) 55 KIBC 6.04.130 Animal Tag and Collar (3rd and subsequent 83 offenses KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set -out (151 offense) 50 KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set -out (2nd offense) 200 KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set -out (3'd offense) 500 KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set -out (41h and 1000 subsequent offenses) KIBC 10.10.010 Junk Vehicles (11t offense) 450 KIBC 10.10.010 Junk Vehicles (2"d and subsequent offenses) 600 KIBC 10.20.010 Obstruction of Rights -of -Way (1st offense) 50 KIBC 10.20.010 Obstruction of Rights -of -Way (2nd offense) 100 KIBC 10.20.010 Obstruction of Rights -of -Way (3`d and 200 subsequent offenses) KIBC 10.20.020 Obstruction of Service (11t offense) 50 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion — Red, Strikeout Page 4 of 22 Insertion — Bold, Blue, Underlined 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 Code Section Offense Penalt /Fine KIBC 10.20.020 Obstruction of Service (2nd offense) 100 KIBC 10.20.020 Obstruction of Service (3'd and subsequent 200 offenses The schedule of fines shall be reviewed annually by the borough assembly during the development of the budget. The community development director shall review the fines for consistency with the State of Alaska's Rules of Minor Offense Procedure and present the findings to the borough assembly for consideration during its review. Section 3: Kodiak Island Borough Code section 6.04.270, Penalties and remedies, is amended to read as follows: 6.04.270 Penalties and remedies. A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 6.04 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 resolution pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 12.55.039 and 29.25.074. the ^Alawkc4Raies-efGe,,•t apply to all offenses rcted in the .. stab lished hed le of ones /sir.. tin.. csen cc�i,cv,Tr,co—vrtanvrrc Ghwging these eff8Rses must meet the FequiFemeRts Of MiRE)F OffeRse Rule 3. A! gerSAn may Ghease to appear ,,.t .,na nentest the Aitatinn if . peFSGR Gh.,Fged with one 0f these uses ap.peaps iR GOUFt and Rd guilty, may RE) PxnPP.d i FAm, -nt f..r th;+t affense 4ste�fan affencn is mat liMerl .+n this rnhe.hde ..f Ane. rn_:ma_r WA Von 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. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the violation. C. Each act or condition violating this chapter, and each day during which the act or condition exists when the owner or keeper is known to be aware of the condition, shall be a separate and distinct violation except in circumstances where the violation is acknowledged and actively being corrected. 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, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 5 of 22 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 Section 4: Kodiak Island Borough Code section 8.20.030, Penalties and remedies, is amended to read as follows: 8.20.030 Penalties and remedies. A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 8.20 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 reselutieR pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 12.55.039 and 29.25.074. The Rules Of nnORAN nff8Rse DroGe . the Alaska Rules of (`.. Ft aEmly to all offe Ryes lisle in the established peaR GGLAR, SUMMeRS fer�,;,i Fne@ROR In addition, the court may order the person to gather and dispose of litter in an area and for a length of time to be determined by the court. 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. Section 5: Kodiak Island Borough Code section 8.25.020, Definitions, is amended to read as follows: 8.25.020 Definitions. In this chapter, each of the following terms has the respective corresponding meaning: "Bear cart" means a cart designed to be resistant to opening by bears. "Bin" means a receptacle for storing solid waste that is picked up with front-end loading vehicles, such as those having a three- to eight -yard capacity, sometimes referred to as a "dumpster." `Borough landfill' means the landfill owned by the borough. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 6 of 22 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 "Bulky item(s)" means any large item of solid waste, as determined from time to time by the manager which can be safely lifted by two individuals using a dolly, generated at residential premises and discarded at residential set -out sites, such as the following: 1. Furniture, including metal desks and storage cabinets; 2. Pianos and organs; 3. Televisions; 4. Large appliances, including washers, driers, refrigerators, freezers, dishwashers and stoves; 5. Toys, bikes, and dismantled swing sets; 6. Lawn mowers and snow blowers with no gas or oil in them, up to four auto or pickup tires per customer each calendar month, with rims removed; and 7. Any item, other than lumber, that can be cut or broken down meeting the following requirements: a. Not longer than four feet in length; and b. Weighing no more than 70 pounds. "Bulky items" does not mean the following: 1. Material generated at nonresidential premises, including commercial business operations; 2. Bundled yard waste, branches; 3. Sod, soil, and rock; 4. Broken concrete and asphalt; 5. Brick, block, and stone; 6. Railroad ties or similar type of retaining wall timbers; 7. Remodeling debris, including shingles; S. Carpeting; 9. Sinks, concrete laundry tubs, and cast iron plumbing fixtures; 10. Windows and doors; 11. Lumber; 12. Animal waste, including all excrement from domestic animals and fowl, and all hay, straw, or other materials that have been used for animals' or fowls' bedding; 13. Liquids, including paint; 14. Hazardous waste, including household hazardous waste; 15. Fuel oil tanks; and 16. Any automotive parts, including vehicle batteries and tires. "C&D (Construction & Demolition) Debris" means any Solid Waste discarded in Dumpsters or Roll -off Containers that the Contract hauler must collect under the On -Call Temporary Dumpster and Roll -Off Collection Service section of the approved Collection contract, such as the following: 1. Bundled yard waste, branches: 2. Sod, soil and rock; 3. Broke concrete and asphalt; 4. Brick, block, and stone; 5. Railroad ties or similar type of retaining wall timbers; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 7 of 22 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 6. Remodeling debris; 7. Carpeting; 8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures; 9. Windows and doors; and 10. Lumber. "Cart" means a wheeled receptacle for storing solid waste that can be emptied by either semi- or fully -automated vehicles. "Collection contract" means the contract described between the contract hauler and the borough for collection of solid waste and transportation to the borough landfill. "Collection service area" means all premises accessible via roads maintained by the state of Alaska, the borough, the city of Kodiak, or the U.S. government, in and around Kodiak City and within the boundaries of the borough, except for the USCG facilities and past milepost one of Anton Larsen Road. "Commercial" describes people, such as customers, places, such as premises, or things, such as carts or types of solid waste, in the borough that are not residential or multifamily. "Compactor" means a receptacle containing a ram that pushes and compresses waste into a container or bale. "Contract hauler" means the contractor under the municipal solid waste collection contract. "Dead animal" means the carcass from an animal, large or small, except part of an animal used for food or other beneficial purpose in accordance with federal, state or local laws and regulations. Does not include fish or other primary aquatic animal. "Disposal" or "dispose" means the act or action of discarding solid waste. "Hazardous or toxic waste" means any material that meets the definition of 40 C.F.R. 261 and AS 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or pathological wastes, radioactive materials, explosive or highly flammable materials, oil and petroleum products, and burning or smoldering materials. "Household hazardous waste" means hazardous waste generated on residential premises. "Manager' means the borough manager or designee. "Multifamily" describes people, such as customers, places, such as premises, or things, such as carts or types of solid waste, in the borough that are not residential premises. "Multifamily premises" means premises that are not residential premises, and therefore contains four or more dwelling units, including apartment complexes and trailer courts. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 8 of 22 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 "Premises" means property having any habitable building, whether residential, multifamily, or commercial. "Recyclables" means materials which can be reprocessed, reconditioned, or adapted to use again or for a new use or function. "Residential premises" means a premises meeting both of the following conditions: 1. It contains one, two, or three dwelling unit(s); and 2. Each dwelling unit is occupied by related individuals, or by five or fewer unrelated individuals. "Roll -off' means an open -topped rectangular receptacle for storage, collection, and transport of solid waste that is rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks). "Scavenging" means the controlled removal of waste materials for recycling or reuse. "Sewage solids" means waste that passes the paint filter test, EPA Test Method 9095, published in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW - 846, adopted by reference in 18 AAC 60.365, and has been removed from a wastewater treatment system, sewer, septic tank, or other wastewater handling equipment; "sewage solids" includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater treatment sludge. "Solid waste" means "municipal solid waste' as defined in AS 46.03.900. "Solid waste collection" means the act of removing solid waste from the central storage point of a primary generating source, such as a residence or business, to a place of solid waste disposal. "Solid waste disposal" means the orderly process of finally disposing of solid waste. "Solid waste generator' means anyone who creates solid waste during everyday living and working. "Solid waste storage" means the interim containment of solid waste, in an approved manner, after generation and prior to collection and disposal. Section 6: Kodiak Island Borough Code section 8.25.070, Solid waste storage and set -out, is amended to read as follows: 8.25.070 Solid waste storage and set -out. A. Storage. Each solid waste generator is responsible for the placement of that person's biR a cart so that it will not easily be tipped, such as by an animal or the wind. Lids on the bins or carts Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 9 of 22 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 must be kept closed to keep out rain, snow, and animals. Surplus liquids must be drained from solid waste and placed in watertight bags before discarding them in containers. B. Set -Out. 1. Site. A^Y^^^ ,,,h^ •^^^`v^^ se -lid vVast^ ^^l!eGti^^ ^^^-^^ ^Carts or bins seNiGe must be placed the'F saataine in the following locations by the contract hauler or solid waste collection service recipient, OF as nGtF Gted by the ^^^f'^^' ha l^f: a. Roadside; b. In an adjacent alley; or c. Within three feet of the roadway on which the contract hauler can drive its collection vehicles. For example, if the serviced premises are adjacent to more than one street, alley, or roadway, the contract hauler may instruct the customer to set out containers on only one specified street, alley, or roadway. The contract hauler may require alternative placement based on site-specific conditions. 2. Required Actions. Anyone who receives solid waste collection service, whether in a cart, bin, or roll -off, must do the following: a. Discard only securely bagged or bundled solid waste inside the cart, bin, or roll -off provided by the contract hauler for that customer's use; and a. b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart, bin, or roll -off caused by the person discarding the waste or by improper use of the cart, bin or roll -off which causes solid waste to be left outside the cart, bin or roll -off. Improper use of a cart, bin or roll -off includes: L Discarding any material in a container for collection by the contract hauler except solid waste. ii. Discarding solid waste outside the solid waste container, except for bulky items discarded at the time when, and place where, the contract hauler is obligated to collect bulky items. iii. Failing to tightly close, latch or secure container lids. iv. Placing solid waste on top of or allowing solid waste to protrude from the container. V. Discarding solid waste in containers in excess of the weight limit that the contract hauler prescribes on the container. vi. Discarding solid waste for pickup anywhere except at the set -out site designated by the contract hauler. 13. Prohibited Conduct. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 10 of 22 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 a. Anyone who rescives utilizes solid waste cart collection service, whetheF iR ^ ^^F* bin ^F F^" e€-, must not de aRy of the folio discard dead animals in the cart. The discarding of any solid waste outside the cart is also prohibited, including the following items: M.ieasrrcirrr i. Litter; ii. Bulky items, ^ ^h as ppliaR^^^ bed SpFiRgS, mattresses f^F^'t re as defined by KIBC 8.25.020; iii. C&D Debris as defined by KIBC 8.25.020 Nenb u' tems'i^'^d ^ the E'^fi^i'i^^ of "bulk items" (SUGh as GOREMFUGtinn1ripmnintien waste, unless as allowed dUFiRg te tnar 8.25.060(B), tree limbs i^,.,^ G"PpiRgs, aRimal waste); and iv. Hazardous or toxic waste as defined by KIBC 8.25.020. b. Anyone who utilizes solid waste bin or roll -off collection services must securely close and latch the bin or roll -off door or cover. The discarding of any solid waste outside the bin or roll -off is prohibited, including, but not limited to, the following items: L Litter: ii. Bulky items as defined by KIBC 8.25.020; iii. C&D Debris as defined by KIBC 8.25.020; and iv. Hazardous or toxic waste as defined by KIBC 8.25.020. No one may discard any material in a roll -off except for the roll -off provided by the contract hauler for that person's solid waste collection service. C. Clearance and Access. A cart customer must maintain a minimum of three feet of clearance between each cart and any mailbox, vehicle, snow berm, or other object that would obstruct collection, including the arm on an automated collection truck. A cart customer must maintain clear access to the cart set -out site so that the collection vehicles can lift and empty carts, including clearing away snow and other obstructions, such as parked vehicles. D. Bin Sharing. Two or more bin customers must share bins, and the allocable service charges for solid waste collection, if directed by the contract hauler when there is limited space for set -out or collection of bins. E. Safety. Each customer must maintain its set -out site so that it is safely accessible to contract hauler's vehicles and employees. If the contract hauler determines that the set -out site is not safe, it is not obligated to provide collection service there. Contractor will coordinate safe set -out location with customer for each occurrence. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 11 of 22 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 Section 7: Kodiak Island Borough Code section 8.25.220, Administration, implementation and enforcement, is amended to read as follows: 8.25.220 Administration, implementation, and enforcement. The manager is authorized to administer, implement, and enforce this chapter and promulgate related solid waste policy, unless this chapter expressly names another person. The manager may request assistance from other persons or request that other persons administer, implement and enforce all or a portion of this chapter. Examples of other persons are: A. The director of finance or the auditor -controller, for example, with respect to collection of user fees; B. City of Kodiak police department; C. Borough attorney; D. Other borough departments; E. District attorney; F. Alaska State Department of Environmental Conservation; G. Alaska Department of Fish and Game; H. Alaska State Troopers; and I. An A Code enforcement officer designated under KIBC 1.20.030. Section 8: Kodiak Island Borough Code section 8.25.230, Enforcement officer, is repealed. Section 9: Kodiak Island Borough Code section 9.10.060, Penalty, is amended to read as follows: 9.10.060 Penalty. Penalties for violations of this chapter are as provided in Chapter 1.20 KIBC. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chanter 9.10 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 reselutien pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 12.55.039 and 29.25.074. The Rules Of M . . OffeRse o.,,,.,,, in the massa Rules of Ge r apply to @1 e#enses listed in the established gr.h.pHyle ef fines. Cit@tiORS GhaFgiRg these effeRse must Fneet the FeqYiFeFneRt6 Of nae.. -Se RiAe Z niteMatiyely, the .. • .e. .a.rs:.-:rnmira�.. ._.-� ..,_ _.■r_rss...:e:-• _ •- r_■.:xsNi ._ .••- Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 12 of 22 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 Section 10: Kodiak Island Borough Code Chapter 9.20, Peace Officers, is amended to read as follows: Chapter 9.20 PEACE CODE ENFORCEMENT OFFICERS Sections: 9.20.010 Authority. 9.20.020 Interference with a pease borough code enforcement officer. 9.20.030 Penalty. 9.20.010 Authority. The manager may in writing designate one or more employees of the borough as pease code enforcement officers per KIBC 1.20.030. • th the ^ theFity to issue Aitati^n^ ^^d ^' 9.20.020 Interference with a pease borough code enforcement officer. No person may interfere with a peace borough code enforcement officer while he -is in the performance of his the officer's duties. A person who does any of the following is guilty of interfering with a peace borough code enforcement officer: A. By use or threat of force or violence, the person he prevents or attempts to prevent a pease borough code enforcement officer from carrying out the officer's his duties; B. By use or threat of force or violence, the person he attempts to aid or aids a person in preventing a borough code enforcement peace officer from carrying out the officer's his duties; or C. With intent to delay or prevent a borough code enforcement peace officer from discharging the officer's lawful duties, the person he in any manner physically impedes or hinders the borough code enforcement pease officer. 9.20.030 Penalty. A person who interferes with, unlawfully assaults OF threatens, OF a pease -borough code enforcement officer in violation of KIBC 9.20.020 while -he is mng his -duties -is guilty of a violation misdamea+ger, punishable by a fine of not more than $500.00 er b0mp4Senment4njaii4er-ne , in addition to the surcharge required to be imposed under AS 12.55.039. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 13 of 22 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 Section 11: Kodiak Island Borough Code Title 10 Vehicles and Traffic, is amended to read as follows: TITLE 10 VEHICLES AND TRAFFIC Chapters: 10.10 Junk or Abandoned Vehicles. 10.20 Stopping, Standing, and Parking. 10.10.005 Definitions. For the purpose of this chapter the following definitions shall apply: "Abandoned vehicle" means_ aRy ^t^.,,ed eF towed ve":^ e wheeled OFtFa ked ,. hiGh ti^g bpen 1. A registered vehicle that reasonably appears to have been left unattended, standinm parked upon or within 10 feet of the traveled portion of a highwav or vehicular way or area in excess of 48 hours, that reasonably appears to have been left standing or parked on Private property in excess of 24 hours or upon other public property for more than 30 days, without the consent of the owner or person in charge of the property: or 2. A wrecked or funk vehicle that reasonably appears to have been left unattended, standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area in excess of 24 hours, or a wrecked or funk vehicle that reasonably appears to have been left standing or parked on private property or other public property in excess of 24 hours and without the consent of the owner or person in charge of the property. "Junk" means any worn out, cast-off, or discarded article or material which is ready for destruction or has been collected or stored for conversion or salvage to some other use. "Junk vehicle" means a vehicle that: 1. Is not currently registered per A.S. 28.10.11 (except for a vehicle used exclusively for competitive racing); 2. Is stripped, wrecked, or otherwise inoperable due to structural inefficiencies or mechanical failure; 3. Has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle: or 4. Is in a condition that exhibits more than one of the following elements: a. Broken glass; b. Missing wheels or tires; c. Missing body panels or parts; or d. Missing drive train parts. "Wrecked vehicle" means a vehicle that is disabled and cannot be used as a vehicle without substantial repair or reconstruction. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 14 of 22 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 10.10.010 Junk or abandoned vehicles. A. It is unlawful for a person to store or abandon junk or a vehicle on a street or highway within the borough. B. It is unlawful for a person to store or abandon junk or a vehicle on public property not set aside by law as a refuse disposal site open for the disposal of junk or vehicles. C. It is unlawful for a person, without the consent of the property owner or person in possession or control of property, to store or abandon junk or a vehicle on said property unless such property is licensed as a junkyard and is open for disposal, or unless all necessary fees for removal and storage have been paid and all other requirements of disposal have been met. 10.10.080 Penalties and remedies. A. In accordance with AS 29.25.070(a), citations for the certain-effeases violations of Chapter 10_10 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 resetutisn pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 12.55.039 and 29.25.074. The Rules of Mon 9##ease Rfesedure in the Alas!(@ Rules of GauFt apply to all GffeRSeS listed iR the established SGhedule of fines. GitatiGas nhrn'nn these nffenoeo .., o .. o+ meet r enM f ne'n r Offense ��l Oe 7 AIJ.L.rn n1',.n L, +hr. .. pia,. Gh Gesn to apap y 4`I {peFSORe(iGFthp�ff������ If a ..harged with o ' ..f these effe Ryes a 'r+..nd is found �nche penal`7iFnp+ •� d the fine a� fQicsee he e� the defendant must appeaF OR Ur+ to answer +e the ..hnr..e.. These fines may Ret be judiGially eri led fine has been established in +he shed ale finespay y fine of and fails +n n npe w} the ..i+retie ..h nll he G'deFed a 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 violated in 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. CHAPTER 10.20 STOPPING, STANDING, AND PARKING Sections: 10.20.005 Definitions. 10.20.010 Obstruction of rights-of-way. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 15 of 22 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 10.20.020 Obstruction of service. 10.20.030 Penalties and remedies. 10.20.005 Definitions. "Extreme weather event" means unexpected, unusual, unpredictable, severe, or unseasonable weather which requires municipal intervention to prevent damage to Property, loss of life, or interruption of necessary public services. 10.20.010 Obstruction of rights-of-way. A. No person shall place, leave or deposit upon borough -owned streets or improved rights- of-way any vehicles, debris, or other objects, except that: 1.person may park a vehicle for a period of time not to exceed 24 hours. 2. A person may park, or allow or cause to be parked, a disabled or inoperable motor vehicle for a period not to exceed 24 hours. B. No person shall place, leave or deposit upon any street, developed right-of-way or drainage structure, any accumulation of snow or ice which has been removed from a private driveway or approach road in a manner that impeded drainage, line of site or pedestrian or motor vehicle traffic. 10.20.020 Obstruction of service. A. Any person parking a vehicle on a borough -owned street or improved right-of-way shall remove the subject vehicle within twelve hours of the issuance of a temporary parking closure. Temporary parking closure notifications shall be provided by borough officials or service district representatives via public radio and temporary signage placed in the vicinity of the closure. B. During declared natural disasters, extreme weather events or when a vehicle is impeding necessary public services, where immediate action by the borough or service district is required in order to maintain operability of the street or improved right of way, a minimum of two borough officials, upon agreement, may have vehicles removed from the right-of-way without notification to the vehicle's owner prior to removal. 10.20.030 Penalties and remedies. A. In accordance with AS 29.25.070(a), citations for the violation of Chapter 10.20 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 pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 12.55.039 and 29.25.074. B. Penalties incurred and/or remedies sought for violations of this chapter are the responsibility of the registered owner of the vehicle, any person who has acquired legal Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 16 of 22 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 title to the vehicle from or through the registered owner, or any person who has violated KIBC 10.20.010 or 10.20.020. C. 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, including, but not limited to, the recovery of costs associated with towing and impoundment. D. Each act or condition violated in this chapter, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. E. 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. Section 12: Kodiak Island Borough Code section 13.20.020, Administration enforcement action, is amended to read as follows: 13.20.020 Administration enforcement action. A. In any situation in which the borough engineer, or his authorized representative, has reason to believe that the public health, safety or welfare requires corrective action, he may: 1. Exercise the right to entry for investigative purposes at all reasonable times and upon presentation of proper credentials. If such entry is refused, the borough engineer, or authorized representative, shall have recourse to every remedy provided by law to secure entry; 2. Order any work being done contrary to the provisions of this title to be stopped by serving notice on any persons engaged in doing or causing the work to be done, and any such persons shall forthwith stop such work until authorized in writing to proceed. If the order is issued verbally, a written order shall be issued prior to the conclusion of the next regular workday stating the nature of the work to be stopped; and 3. Order the abatement of any condition affecting the public health, safety, and welfare. If the order is given verbally, a written order shall be issued prior to the conclusion of the next regular workday setting forth the nature of the abatement action and the time allowed for compliance. B. Upon complaint by a citizen, or upon his own initiative, the borough engineer may, after investigation, initiate srimlaal proceedings against any person for the violation of this title. Except for prosecution for failing to comply with an order issued under subsection A of this section, the borough engineer shall give at least 10 days' written notice of intent to prosecute and may initiate srl Ral proceedings only if the violation is not cured, and if the person who is the subject of the notice fails to seek appropriate administration relief within the notice period. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 17 of 22 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 Section 13: Kodiak Island Borough Code section 13.20.050, Penalties and remedies, is amended to read as follows: 13.20.050 Penalties and remedies. A. A person who violates any provision of this title, or any order issued under KIBC 13.20.020(A), is guilty of a violation misdemeanor and, upon conviction, is punishable by a fine of not more than $500.00 for each day of violation, in addition to the surcharge required to be imposed under AS 12.55.039. B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title, or the violation of any order issued under KIBC 13.20.020(A), and to obtain damages for any injury the plaintiff suffered as the result of the violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin the violation. Section 14: Kodiak Island Borough Code section 15.50.030, Penalties and remedies, is amended to read as follows: 15.50.030 Penalties and remedies. A. A person who violates any provision of this title or any order issued under KIBC 15.50.010 is guilty of a violation misdemeanor and upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge required to be imposed under AS 12.55.039. Each day of violation constitutes a separate offense. B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title, or any order issued under KIBC 15.50.010, and to obtain damages for any injury the plaintiff suffered as a result of the violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the violation. C. Each act or condition violating this title or any order issued under KIBC 15.50.010, 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. Section 15: Kodiak Island Borough Code section 16.10.030, Scope and jurisdiction, is amended to read as follows: 16.10.030 Scope and jurisdiction. A. This title governs the subdivision of all land within the borough. No subdivision plat requiring borough approval shall be recorded unless approved by the borough or a standard subdivision agreement has been executed with the borough. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 18 of 22 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 B. These subdivision regulations do not apply to any lot or subdivision legally created and filed for record prior to the effective date of these regulations, nor to subdivisions given preliminary or final approval by the commission under the previously existing title, except in the instance of further subdivision of existing lots or tracts. C. The owner or agent of the owner of land located within a subdivision who transfers, sells, or enters into a contract to sell land in a subdivision before a plat of the subdivision has been approved and recorded is guilty of a violation rnisderneaner and upon conviction is punishable by a fine of not more than $300.00 for each lot or parcel transferred, sold, or included in a contract to be sold. The borough may enjoin such a transfer, sale, or contract to sell and may recover the penalty by appropriate legal action. D. No agency of the state or local government may acquire property through the process of eminent domain which results in a boundary change unless the agency or local government first obtains from the commission preliminary approval of the replat showing clearly the location of the proposed public streets, easements, rights-of-way, and other taking of private property. Final approval of the replat shall be obtained within six months of the acquisition. The commission shall treat applications for replat made by state or local governmental agencies in the same manner as replat petitions originated by private land owners. E. No person may file a plat or seek to have a plat filed unless it bears the approval of the borough. A person who knowingly violates this requirement is punishable upon conviction by a fine of not more than $300.00. F. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any transfer or sale of an unlawfully subdivided parcel, the violation of any term or condition of any plat or other entitlement approved under this title, and to obtain damages for any injury the plaintiff suffered as a result of the violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin the violation. Section 16: Kodiak Island Borough Code Chapter 17.210, Enforcement, Penalties and Remedies, is amended to read as follows: Chapter 17.210 ENFORCEMENT, PENALTIES AND REMEDIES Sections: 17.210.010 Administrative enforcement action. 17.210.020 Administrative inspections. 17.210.030 Penalties and remedies. 17.210.040 Responsibility for violations. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 19 of 22 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 17.210.010 Administrative enforcement action. A. The zoning-Gffiver manager or designee may order: 1. The discontinuation of unlawful uses of land or structures; 2. The removal or abatement of unlawful structures, or any unlawful additions or alterations thereto; 3. The discontinuation of construction or other preparatory activity leading to an unlawful structure or an unlawful use of a land or structure; 4. When necessary to ensure compliance with this title, the suspension or revocation of building permits, variances, or other borough land use entitlements. B. Upon complaint by a citizen, or upon his their own initiative, the any borough code enforcement officer authorized to enforce this title zenin-" fieer may, after investigation, initiate srirainai proceedings against any person for the violation of this title. Except for prosecutions for failing to comply with an order issued under subsection A of this section or where the protection of public health and safety require immediate action, the borough code enforcement officer Bening-effieer shall give at least 10 days' written notice of intent to prosecute, and may initiate srimiaal proceedings only if the violation is not cured within the notice period. 17.210.020 Administrative inspections. In accordance with this section, the a borough code enforcement officer zeaing-ef#iser may make inspections of buildings or premises to check for zoning violations. When the officer neGessaFy to eniese the PFGViGiGASof this title. Whe^ the ZeRiRg Gff'Ge has reasonable cause to believe there exists any violation of this title, he the officer may enter such building or premises only if: at any Rable time to inspeet the same a peFf9FFR any Of his dutie c; under this title; pFevided, that whpire the GAnc4it, -tonn mf the I Initind St 1. The owner or lessee has given consent; or 2. A judicially granted search warrant has been obtained. 17.210.030 Penalties and remedies. A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or any term or condition of a conditional use, variance or other entitlement issued under this title, is guilty of a violation rnisdemeaaer and upon conviction is punishable by a fine of not more than $300.00, 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 title, any order issued under KIBC 17.210.010(A), or any term or condition of a conditional use, variance or other entitlement issued under this chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An action for injunction under this section may be brought notwithstanding the availability of any other Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 20 of 22 remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the violation. C. Each act or condition violating this title, any order issued under KIBC 17.210.010(A), or any term or condition of a conditional use, variance, or other entitlement issued under this title, 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. 17.210.040 Responsibility for violations. The record owner, and any person in possession or control of property maintained in violation of this title is responsible for the violation and is subject to prosecution in accordance with Chapter 1.20 KIBC and this Chapter 17.210. Section 17: Kodiak Island Borough Code section 18.35.050, Penalties and remedies, is amended to read as follows: 18.35.050 Penalties and remedies. A. A person who violates the provisions of this chapter is guilty of a violation misdemeanor and upon conviction is punishable by a fine of not more than $300.00, 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. Effective Date: This ordinance takes effect July 1, 2020. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTIETH DAY OF FEBRUARY, 2020. KODIAK ISLAND BOROUGH ATTEST: Bi Roberts, Mayor Tara Welinsky, Clerk Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 21 of 22 872 873 874 875 VOTES: Schroeder, Symmons, Turner, Dvorak Ayes: Schroeder, Symmons, Turner, Dvorak Noes: Kavanaugh, Skinner Absent: Arndt Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-09 Page 22 of 22