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CRESTVIEW LT 5 - Code Enforcement
!Complaint No St Address 126. Property lD - R7395000050 Date Filed I 4/14/2010: 13268 Viewcrest Ln., Kodiak AK 99615 • !Legal Descrpt 'Crestview Subd Lot 5 !Prop Owner (PO Address Tenant Complaint 1Dominquez, Juan J. APO Tele 1 P.O. Box 8011 6, Kodia k, AK 99615 Junk "Accumulation of garbage, vehicles, appliances, burned boat, appx 3 years build -up." "Relief sought: immediate disposal." ;Complainant Olson, Rick G. C Address { ridings 'Action, !Pate Closed IC Tele 1.907.539.4500 )305 Neva_Wav_, Kodiak,_AK_99615 Staff Rvw Date � J 4/14/2010;: Initial tele complaint 3/27/09. Complaint justified ( Action Continued from below)Field visit with photos12/13 /2010 showed violation abated, posted Notice of Violation Closure on 12/29/2010 Sch'd for field rvw. 4/20/10 field visit & photos, no ans at door, left card, Notice of C &A 4/21/10. field visit 6/3/10, photos, Certified Notice of Violation 6/4/10, rtn'd 6/14/10. Verified address w/ Assessor's dept 6/15/10, correct address(see above) 112/29/2010;. Kodiak Island Borough • Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 vvvvvv.kodiakak.us December 29, 2010 Notice of Zoning Violation Closure Via Regular Mail Reference: Crestview Subdivision Lot 5 / 3268 Viewcrest Lane Mr. Juan J. Dominguez Post Office Box 8016 Kodiak AK 99615 Dear Mr. Dominguez, This correspondence is directed to you regarding a June 4, 2010 violation of Kodiak Island Borough Code 10.10.030 (A) that existed on the Two Family Residential Zoning District property described above. That violation was based on the accumulation of cast off items unk.as defined in K.I. Q40.10.005) that vvere being stored on the propert Afield isi o h loperty/vw bri uctOon the thurnIng-of-Decpmber;13, 2010. . . kt 4.1, During that visit, t a accumgated cast off items (junk) that were the source of the . 1:--1 :Z.:7 violation were noted as Waving been remOve (befale and after •otos enclosed). 1 0.1 1414 , , The pommunity Develo htent Department is pleated4ox.iplor4ou that thiS;iviola ion .r;_ and I. ,=.,-%1.4 ,,--,'- = h4been determined to iie abated (closed) a no i s required lo. your r,i4.1 i .:,,1 part. ft All correspo cekand applicable paperwork associated with this abated violation . . wit :it)..6,:retained intithe pertinent property :MO J: Nalio ,ildior .,. ,„, z4; The actib4V0iihbve taken 'to re your property has met the require en .f the L Kodiak Island Borough Code aregre4 appreciated. Thank you, Jack L. Maker, Code Enforcement Officer Cc: Mr. Bud Cassidy, Director, Community Development Department Planning & Zoning Commission Complainant File: Crestview Subdivision Lot 5 Enc: Before and after photos \\dove\departments\CD\CD-17 Property Files\Crestview1Lot 05\Notice of Abatement.docx Pagel of 1 Page 1 of 2 DECEMBER 13, 2011 [CRESTVIEW SUBD LOT 5 3268 VIEWCREST LANE] ABATEMENT OF K.I.B. CODE 10.10.30 (A) VIOLATION [EXCESSIVE ACCULATION OF JUNK IN R2 ZONING DISTRICT] Figure 1 - 06/03/2010 Photo Before Abatement '24g020M 11:M Figure 2 - 12/13/2010 Photo After Abatement Page 2 of 2 ABATEMENT OF K.I.B. CODE 10.10.30 (A) VIOLATION [EXCESSIVE ACCULATION OF JUNK IN R2 ZONING DISTRICT] Figure3 - 06/03/2010 Photo Before Abatement Figure 4 - 12/13/2010 Photo After Abatement Development D Kodii- /17. Tfo m' 41A-;_lolic.. 7009 1410 0000 9500 3665 'r. Juan sminqu s st Office Box liak, AK 9.15 '361, s tl 0 i 13 i open *-0 Lracik- z cue hot pu+ : -Vhs2 reci- on Oh_g-ack. AsmE5s (0/79955ceq do2e2d7- 11,1,1himiii,,,I111,1.1.,1111„„„11,11111,111111,1"111 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us June 4, 2010 Notice of Violation Certified Mail Return Receipt Requested Receipt No.: 7009 1410 0000 9500 3665 Ref: Crestview Subdivision aka 3268 Viewcrest Lane, Kodiak, AK. APN: R7395000050 Applicable Zoning District: R-2 Two Family Residential Zoning District Mr. Juan J. Dominguez Post Office Box 8016 Kodiak AK 99615 Dear Mr. Dominguez, On April 14, 2010, the Community Dpy,e-TOp\mept Department received a written complaint alleging a zoning code vi lation ttieproperty described above. Per Borough Enforcement Polio -,--st acce ed and reviewed the written complaint. On April 20, 2010, staff made a site rit to the location to review the circumstances related to the alleged zoning ode violation. Staff determined that the complaint was valid. On April 21, 2010 the de art ent notified you in writing of the complaint and the steps necessary for you to voluntarily correct the violation (Letter of Courtesy and Advisory dated April 21, 2010). A follow up site inspection for the purpose of determining voluntary compliance was conducted on June 3, 2010. No detectable progress in the suggested steps towards voluntary compliance was evident. Per Kodiak Island Borough Code 10.10.005 — Definitions; For the purpose of this chapter the following definitions shall apply: "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. Per Kodiak Island Borough Code 10.10.030 — Junk vehicles or other junk; A. It is unlawful for the registered owner or other person with the legal right to possession of a junk vehicle or other junk to place or allow such vehicle or junk to remain in public view on any property within the borough for more than five days. \\Dove\departments\CD\CD-17 Property Files\Crestview\Lot 05\N o V 6_4_10 .docx Page 1 of 3 Accordingly, you are noticed that a violation of Kodiak Island Borough Code 10.10.030 (A) exists on the property described as Crestview Subdivision Lot 5 aka 3268 Viewcrest Lane, Kodiak, AK. With authority found in Kodiak Island Borough Code 17.210.010, which reads in part, A. The zoning officer may order: 1. The discontinuation of unlawful uses of land or structures; You are ordered to remove from the property those items depicted in the accompanying photographs, and which are not otherwise shown/proven by you to not meet the definition of "junk" or fails to fall within stricture of Kodiak Island Borough Code 10.10.030. According to standard policy, a thirty (30) day deadline (from the date of this correspondence) is now established by administrative decision for you to abate these violations, and to achieve compliance with the applicable zoning district standards. Failure to comply with the requirements of the Kodiak Island Borough Code may subject the property owner to certain civil penalties. Per Kodiak Island Borough Code 17.210.030 Penaltis and remedies. A. A person who violates any provision of thititIe ;ari,order issued under KIBC 17.210.010(A) or any term or condition ofico) dition'abuse, variance or other entitlement issued under this title, is guil/ty\of/a/ isdemeanor and upon conviction is punishable by a fine of not more than-$30s0 00, in addition to the surcharge required to be imposed under AS 12.55.031E1. B. Notwithstanding the availabilk9,f any qtper remedy, the borough or any aggrieved person may bring a civil actro violation of this title, any order issued under KIBC 17.210.010(A)(or any or condition of a conditional use, variance or other entitlement issued ulr this chapter; or to obtain damages for any injury the plaintiff suffered as a result ta-Voliation. 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, 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. In the event that you disagree with this determination, you have certain rights of appeal. Per Kodiak Island Borough Code 17.220.020 Commencement of appeal — Stay. A. A decision of the community development department director is final unless appealed to the commission within 10 working days of receipt of notification of the decision. \\Dove\departments\CD1CD-17 Property Files\Crestview\Lot 05\N o V 6_4_10 .docx Page 2 of 3 B. An appeal is commenced by filing with the community development department a written notice of appeal, specifically stating the reason for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. Failure to comply with the requirements of this notice by July 5, 2010, may subject you, the property owner, to further enforcement action, including the possibility of civil court action in order to achieve compliance with this notice. Respectfully, Martin Lydick, Associate Planner- Enforcement Cc: Mr. Bud Cassidy, Director, Community Develop ent- Departi Planning & Zoning Commission Complainant File \ \Dove \departments\CD \CD -17 Property Files \Crestview \Lot 05 \N o V 6_4_10 .docx Page 3 of 3 June 3, 2010 [CRESTVIEW SUBD LOT 5 3268 VIEWCREST LANE] Figure 1 Complaint No. 137 Date 6/3/10 Figure 2 Complaint No. 137 Date 6/3/10 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us April 21, 2010 Letter of Courtesy & Advisory Via Regular Mail Reference: Crestview Subdivision Lot 5/ 3268:Viewcrest Lane Mr. Juan J. Dominguez Post Office Box 8016 Kodiak, AK 99615 Dear Mr. Dominguez, This correspondence is directed to you as a courtesy notice and advisory. Li tip 44,0 ,444,2 The Community Development Department has received a writtentig4 plaint protesting the accumulation of cast-off items (junk) that are being stored on the property described above. A copy of the written complaint r'sel'-tiosed with this correspondence for your review. other Use. ---4-4°,4m t s;r at: • r,L Afrgg- ' L ro A field visit to the property was conducteInthea.fteritioon of 20 April, 2010. No one responded to knocks on the door(s) of til'elpAkding, a Borough business card with a request to "Please call" was left ahtne main4opNldoor of the residence. 4401s. As far as we could tell frornpferencelpp written 4complaint and a cursory exterior review of the premises, the complaint ei centered on the skiff and trailer, and the cast-off Wg.t- ‘Li,4-44,6A, trailer: i items accumulating in, and around the skifft and raile ,,, Per Kodiak Island Borough Code 10.10.005 —Definitions; V% For the purpose of this chapter the followild:Oefinitions shall apply: "Junk" i-11-' piwa:nital,"'y worn out, cast-off, or y c rded article or material which is ready for destruction ' ex n or has been collect d , , e -on,sto stored for , , c o n v e r s i o n or salvage to some Per Kodia Isiand Borough Code 10.10.030 — Junk vehicles or other junk; e A. It is unlawful for the registered owner or other person with the legal right to possession of a junk vehicle or other junk 'to place or allow such vehicle or junk to remain in pubileNview,oplany property within the borough for more than five days. '4t,ZNIRS5, A copy of these and other pertinent portions of the Kodiak Island Borough Zoning Code are included with this correspondence for your review. Dove\departments\CMCD-17 Property Files\Crestview\Lot 05\C&A Letter.docx Page 1 of 2 Our initial assessment of the complaint is that the items complained of meet the definition of junk, and, that such junk has been stored in the open, visible to the public for more than five days. Please act without delay to remove theaccum'uleted j by disposing of the items in a properly licensed landfill or recycling facility. This file will be scheduled for a follow up review upon the expiration of the stipulated thirty day time frame Failure to properly dispose of the items within thirty (30) days of the date of this correspondence may result in further enforcement action. Your recognition of, and attention to, these requirements of the K tdiak Island Borough Code are appreciated. Thank you, Martin Lydick, Associate Planner- Enforcement Cc: Mr. Bud Cassidy, Director, Co Planning & Zoning Commission Complainant gra File: Crestview SubdiviSiorl Lot 5 woVli Enc: Complaint dated 4/14/20410, Kodiak Island BoroughtCode 10!'0.005- Definitions, 10.10.030 -Junk vehicles or other junk, 10.0.080- Penalties and remedies. \ \Dove \departments \CD \CD -17 Property Files \Crestview\Lot 05\C &A Letter.docx Page 2 of 2 1739509005Q_ 3268 Viewcrest Ln., Kodiak AK 99615 .Crestview Subd Lot 5 Prop Owner Dominquez, Juan J. PO-Address ;1P.O. Box 8016, Kodiak, AK 99615 fTenant ,. junk "Accumulation of garbage, vehicles, appliances, burned boat, appx 3 years build -up." "Relief sought: immediate disposal." [Complainant C Address Olson, Rick G. • 1C.Tele ,1.907.539.4500;' 305 Neva Way.Kodiak, AK 99615 [Staff Rvw Date FFindings Initial tele complaint 3/27/09. i�oQd (6(. 4Aa ofO /, 6'-' ,00 5 bOOGQ Zec/ ,416/5..47 Action Sch'd for field rvw. ilDate Closed-1c 10.10.005 Definitions. For the purpose of this chapter the following definitions shall apply: "Abandoned vehicle" means any motorized or towed vehicle, wheeled or tracked, which has been left unattended for a length of time which has resulted in the vehicle's deterioration or destruction. "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) 10.10.030 Junk vehicles or other junk. A( It is unlawful for the registered owner or other person with legal right to possession) (of a junk vehicle or other junk to place or allow such vehicle or junk to remain in. public) (view on any property within the borough for more than five days. )It is also unlawful for the owner, tenant or other person in possession or control of any property to cause or allow a junk vehicle or other junk to be placed or remain in public view on such property for more than five days. 10.10.080 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. $300.00, in addition to the) surcharge required to be imposed under AS 12.55.039.1 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. Case No. Complaint No. 137 KODIAK, ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARMENT CONSENT TO SEARCH Below boxes are for the initials of I understand my right to refuse to allow a search of the below described the person providing the waiver. location and, with that understanding, hereby waive that right and grant Initials to any officer to conduct a search of the below permission peace described location. Description of Location to be Searched Exterior premises: Crestview Subdivision Lot 5 Kodiak, AK. aka 3268 Viewcrest Lane Property owner of record: Domiquez, Juan J. P.O. Box 801-6 ' Kodiak, AK. 99615 , . , Initials Relationship of Person Providing Waiver to Location to be Searched Initials ' • . ' The Peace officers'are further granted permission to photograph and/or measure property or items which they deem appropriate to their investigation. Initials I'make this waiver of rights and grant this permission voluntarily and without threats, promises, reservations or coercion of any kind. . ' Date: Time: Signature of Person Providing Waiver Name of Person Providing Waiver Sex , Race Ht. Wt. Hair Eyes D.O.B./Approx. Age -Residence Address Residence/Cell Phone Driver's License No. State Place of Employment Work Phone Occupation Social Security No. Signature of Witness/License or PermID • Signature of Officer Taking Waiver/PermID Martin Lydick Associate Planner Code Enf KIB Community Development Dept. Page 1 of 1 137 R7395000050 DtFiId 1.66.01-t4,00.415t, OThi P.O. Box 8016, Kodiak, AK 99615 , "Accumulation of garbage, vehicles, appliances, burned boat, appx 3 years build-up." "Relief sought: immediate disposal." Initial tele complaint 3/27/09. Action. Sch'd for field rvw. Martin Lydick From: Olson, Rick G. [Rick.Olson@acsalaska.corn] Sent: Wednesday, April 14, 2010 10:00 AM , To: Martin Lydick Cc: tricko@acsalaska.ner, Subject: Zoning Violation Cornplaint/Olson Attachments: 0854_0001.pdf This transmittal may contain confidential information intended solely for the addressee. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited, If you have received this communication in error, please notify us immediately by reply or by telephone at 907-297-3000 and ask to speak with the message sender. In addition, please immediately delete this message and all attachments. Thank you. ACS 1 Kodiak Island Borough Community Development Department Zoning Violation Complaint Form 710 Mill Bay Rd. Suite 205 Kodiak AK 99615 . Tel: (907) 486 - 9363 Fax: (907) 486 - 9396 www.kodiakak.us I wish to report an alleged violation of the Borough's zoning regulations.. I understand that this complaint will be investigated within 7 days of its receipt, and that I will be notified of any subsequent action taken regarding the investigation. Street Address: Legal Description: 3'Ze8 V/. WC,2 &Sr ,l 'L/c 2 1.or C/15' .32/8 Property Owner 7 Name: 1:)Oit( e. Q O 3 7) oo4sj Mailing Addess: pa 130K UK" City/ State/ Zip: gob Ai MS 9 Cf f t 5 Telephone: 67005.0 L.a( E' Tenant Name: Mailing Addess: City/ State/ Zip: Telephone: Pk! 12 c)9g 95 ~c) /`.� (Complaint: Specifically state the nature of the alleged v elation, circumstances & /or reason for the complaint, and the relief sought.) Complaint: Arum feigpriaa O 64/28466, VE-/'c $, ,i)P,l /2rraS, buo e Ned &,7 X2n2o‘t 5 y> rls gu/cd 4/P - 77//S 5 s JtC P/lr,,o6/2Ty ,76/ y &4 c r /wed ,-r 5o5 N4 'i 4 V ' y te,/5/4//TCy So tt46/ :. r/q /z/— / /SPc� .4e__ Name: Complainant Staff icic 457. 64.0A,1 Mailing Addess: 3d c 'VEY.4 )A14 City / State / Zip: J<OCi/A/Ci Ai< F96/5 Telephone: .9 07 58.9 1 SOb Name: /A0 f Date: Code Section: Fee: • "ArintForm. 'Subm it, by' Ema i.l. ?,, Kodiak Island, Alaska TIC �To • , , , ,8,2,32, Last, NaXne, /,Company Name: DOMINGUEZ First NaMe(s),: JUAN J. Taxpayer Information 3/27/09 14 :08:22 Pa,ta: 1 1, , -, Taxpayer, Inq 2, ,- Prop,erty, l ailing Address PO BOX 8016 ,City:, KODIAK S,tate,:, AK ,Zip, /pountry:, 99615 parri,er, Route : ............ Forma,t,: R R7395000050 Short LegT, CRESTVIEW LT 5 TIC20 Please enter TIC number and data selection and press desired function F1 =Add F2= Change F3 =Exit F4= Prompt F7 /F8= Scroll F24 =More Keys PeA o� kekO oz_oz562_(crAP_, ke! qs v(4 -Rox) of W/K //,w/,wc 5 CAN 1 A2 BUILDING DEPARTMENT — CITY / BOROUGH OF KODIAK Applicant to fill in between heavy lines. APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY BUILDING ADDRESS CLASS OF WORK NEW DEMOLISH LOCALITY / • t 4 ALTERATION REPAIR NEAREST CROSS ST. ADDITION MOVE BUILDING PERMIT NO. DATE ISSUED 77 USE OF BUILDING Dr-0 L� / !\f 17 z 0 NAME p , RA,E, n "cl Ci 144.4 MAIL ADDRESS,. / c CITYXQ c k / S't 3O / 1 NAME 4/7"V- 1 d l� SIZE OF BUILDING `SSG; HEIGHT -© 1 NO. OF ROOMS NO. OF FLOORS NO. OF BUILDINGS NO. OF BUILDINGS NOW ON LOT NO. OF FAMILIES VALUATION UILDING BLDG. FEE 630 PLAN CHK. FEE TOTAL PLUMBING ELECTRIC e ADDRESS // J C CITY SIZE OF LOT Oi Z7 LI USE OF BLDG. NOW ON LOT SPECIFICATIONS STATE LICENSE NO. FOUNDATION FOUNDATION FRAME PLASTER FLUES FINAL ROUGH ROUGH SEPTIC TANK FINISH SEWER FIXTURES GAS MOTORS FINISH FINAL NAME ADDRESS MATERIAL EXTERIOR, PIERS WIDTH OF TOP WIDTH OF BOTTOM CITY STATE LICENS NO DEPTH IN GROUND R.W. PLATE (SILL) SIZE SPA. SPAN SUBDIVISION / k/ 5 3 2 I T' C10 STY /E W GIRDERS JOIST 1st. FL. JOIST 2nd. FL. LOT NO. 5 BLK. JOIST CEILING EXTERIOR STUDS DO NOT WRITE BELOW THIS LINE /V770dd? / 11D <7L 1. Type of Construction I, II, III, IV, V, VI 2. Occupancy Group A, B, C, D, E, F, G, H, I, J Div. 1, 2, 3, 4, 3. Fire Zone 1 2P INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR WALLS REROOFING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE GAS OIL I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regula in ui o ruction. Applicant Az. ram _ A zix 6-6- D Approved: CHIEF BUI DING OFF C By: 3N11 A1H3dOi=1d PLOT PLAN H SETBACK 3N11 Ai dO2id STREET / O d3 7 PLANNING & ZONING INFO. ZONING DISTRICT TYPE OF OCCUPANCY NUMBER OF STORIES AREA OF LOT a551. 1 TOTAL HT. FRONT YARD SETBACK PROP. INE SIDE YARD SETBACK FROM PROP. LINE / REAR YARD .)LS ' 'r Approved: ZONING ADMINISTRATOR 410 SiTE APPLICATION -c-"HVATE SEWAGE DISPOSAL SYSTEMS BORO!..,zGH. CAvner of Property T70,, • 15 -77 Legal Description of Property: Location lock Subdvision ze of Lot (SQ.Ft.) 2o o 4 tt/ U. S. Su:-.vev Acres TsvpP of PErrrit Requested Supoki: Pubiic Type of Sewage Disposa: System: Prlv, ; ; Semi Public Cc..sspcoi Septic lank Other (explain) Constructiom C ,Effiuent Disposal• Absorpclon Field Treoch (s) Filter Bed No. Size (SI/ Sq.Ft. Other Si7 Type of Sewer i_Ines COMMENTS: :Do; r- L. Et Depth / CZ) nt; ■41. Address Health Official Phone9_14 30 ,2?c, m4/3 r Date 47-r. 141 914 _71 .07 C//D Oe_se c7-2, 5 c.419$/ a-/Qz1l 191-1 741-0 7 a 2/174 a2015 214'4' _I iv / /7.c c / s- .02 c7 '■ .1, 1 1 ., -6 .1 1 ffil ' J •-, 4/ r ,, ,,,7 " /Z1 4 ' 0. i 40o 0 o° 0 0 o0' cii-i zzo of: 5" 01 o 0 90, v. 1477 g-aZ "Ei Z 107 S.e../1/ x4.4 00 r% 14- I pC •s• c7.5* Z f2lfr 1. 00 *ZoS" toyapc ry.s-e,E7 ,/b1 , 0o, g-5 .68 A, _ - 9 .107 _Zo7 •F)/-c.fr WF/PVY F,Y*‘*'Z'AY 1.,Y F. %)/ X°S7. X -Z. e;".