KILLARNEY HILLS BK 1 LT 2 - Code Enforcement (2)DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
1500 Anton Larsen Road
Kodiak, AK 99615
June 15, 1989
Mr. Monte Joseph
Chicken Charli's
119 Murphy Way
Kodiak, AK 99615
Dear Mr. Joseph:
4874952
STEVE COWPER, GOVERNOR
CENTRAL REGION
4111 AVIATION AVENUE
P.O. BOX 196900
ANCHORAGE, ALASKA 99519-6900
TELEX: 25.185
In accordance to AK State Statute 19.25.080, Section 19.25.080,
your sign •must, be r moved by June 22, or the State will remove
it.
William C.
:Transportation Maintenance Superintendent
WCM/amc
cc: Dan Mallard
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JUN 16 1g89
KODIAK ISLAND ail
INGINFRING 1)FPAPITMFN7
William C. Mowl
Transportation Maintenance Superintendent
Alaska Department of Transportation/Public Facilities
1500 Anton Larsen Road
Kodiak, AK 99615
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486.5736
Re: Illegal Signs in State Right -of -Way
Dear Mr. Mowl:
June 13, 1989
This is to acknowledge receipt of a copy of your letter of May 8, 1989 to Monte Joseph
("Chicken Charli's") requiring removal of the sign at the intersection of Mill Bay Road
and Murphy Way because of right-of-way encroachment and line of sight obstruction.
Your attention to this matter is appreciated. However, the sign remains and no removal
deadline was established. This is noted here because it has been further brought to my
attention.
Please find enclosed, also, a photo and air photo reference of another illegal sign
similarly located in State road Right -of Way in Bells Flats. The businesses advertised
on it no longer exist, and, as far as I can tell, no one claims ownership or wants it still
standing. Any assistance you can lend toward having it removed will be greatly
appreciated.
If you have any questions, please call me at 486-5736 extension 254.
Thank you for your cooperation.
Sincerely,
Bob Scholze, Associate Planner - Enforcement
Community Development Department
D „
rdLn
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
1500 Anton Larsen Road
Kodiak, AK 99615 4874952
May 8, 1989
Mr. Monte Joseph
Chicken Charli's
119 Murphy Way
Kodiak, AK 99615
Dear Mr. Joseph:
STEVE COWPER, GOVERNOR
CENTRAL REGION
4111 AVIATION AVENUE
P.O. BOX 196900
ANCHORAGE, ALASKA 99519.6900
TELEX: 25185
Mill Bay Road is State maintained and as with other State or public
roads, you may be aware, there are Right -of -Ways. We've had it
brought to our 'attention by individuals and the Kodiak Borough that
your sign advertising ' "Chicken Charli's" ' is in our State Right -
of -Way. According to AK State Statute 19.25.080, your sign is
encroaching the State Right -of -Way and will need to be removed.
If you have any questions, please call 487-4952, between the hours
of 8AM and 4PM.
Thank you for your cooperation in this matter.
Sincerely,
William C. Mowl
Transportation Maintenance Superintendent
WCM/amc
cc: Dan Mtllard
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- MAY 9 1989
KODIAK ISLAND BUROUGli
ENGINEERING DEPARTMENT
MATTHEW D. JAMIN
C. WALTER EBELL
JOEL H. BOLGER.
DIANNA R. GENTRY
ALAN L. SCHMITT
•ADMITTED TO WASHINGTON AND
ALASKA BAR
ALL OTHERS ADMITTED TO
ALASKA BAR
l - `•
JAMIN,
EBELL, BOLGER & GENTRY
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
119 FIRST AVENUE SOUTH
SUITE 320, MAYNARD BUILDING
SEATTLE, WASHINGTON 98104
FACSIMILE: (206) 623-7521
TELEPHONE: (206) 622-7634
REPLY TO SEATTLE OFFICE
March 31, 1989
Ms. Linda Freed.
Director
Community Development Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
KODIAK OFFICE:
323 CAROLYN STREET
P.O. BOX 4269
KODIAK, ALASKA 99615
FACSIMILE: (907) 466.6112
TELEPHONE: (907) 466.6024
RCEIVED.
. APR 3 1989
COMMUNITY DEVELOPMENT
Re: Illegal Signs, Structures and Activities
in Borough Rights -of -Way
Dear Linda:
DEPT
This letter is in your response to your request and
my telephone conversation with Bob Scholze of your office
on March 21, 1989. You have requested general advice about
prosecution of complaints against encroachmer_i_ts in public
rights-of-way.
Encroachments should be approached on a case-by-
case basis, because there are a variety of circumstances
which can affect the application of zoning ordinances and
other legal remedies. For example, structures which cross
lot lines may violate zoning code setback requirements such
as those set forth in KIBC 17.40.010. Structures which
cross lot lines also violate the private property rights of
the neighboring landowners. The private property rights
may be enforced in a legal action for ejectment (for
recovery of the property), an action for an injunction for
removal of the encroachment, or an action for damages.
A structure which is in existence prior to the
enactment of applicable zoning ordinances is entitled to
"nonconforming" status. KIBC 17.36.010. Future movement,
reconstruction, or enlargement of the structure is limited
by KIBC 17.36.040.
Signs or structures which encroach on a public
right-of-way may violate the property rights of the owners
of the right-of-way (city, borough or state). The owner of
Ms. Linda Freed 2 March 30, 1989
the real property is entitled to bring an action for
recovery of possession of the property under AS 09.45.630.
The general statute of -limitations for such a claim is ten
years after the encroachment begins. AS 09.10.030. A
separate statute, however, provides that a municipality may
not be divested of title to real property by adverse
possession. AS 29.71.010. The Borough, therefore, should
be able to bring an action for recovery of possession of
property subject to an encroachment regardless of the
length of time the encroachment has existed.
An action for injunction, to have the violating
landowner remove the encroachment, is an equitable action.
This type of action is subject to a defense called
"laches." The defense of laches would limit the Borough's
opportunity to obtain an injunction for removal of an
encroachment if the Borough has waited an unreasonable
period prior to enforcing its rights. The defense of
laches however should not limit the ability of the Borough
to bring an action in ejectment or an action for damages
for any such trespass.
I recommend that any complaints concerning
encroachments in state or city right-of-ways be referred to
the appropriate agency landowner for action. Complaints
regardingencroachments in borough right-of-ways should be
documented by an inspection and a survey sufficient to
accurately describe the location and dimensions of the
encroachment.
After the encroachment has been identified, I
recommend a letter to the responsible party demanding that
they remove the encroachment within a reasonable period of
time. If the encroachment is not removed within a
reasonable period of time the matter should be referred to
counsel.
In your demand, you may refer to a violation of the
zoning ordinances, such as the setback requirements, if
such a violation applies. If the structure has been in
existence, since before the enactment of the applicable
ordinance, however, the structure will be entitled to
nonconforming status. Whether or not a zoning violation is
mentioned, however, it is important that your demand should
require the removal of the encroachment for the reason that
the encroachment extends into a right-of-way which is owned
by the Kodiak Island Borough.
Ms. Linda Freed . 3 March 30, 1989 .
Please do not hesitate to contact me if you have
any questions. I can provide more particular advice if you
want to refer specific encroachment situations.
Sincerely,
JAMIN, EBELL, BOLGER & GENTRY
oel H. Bol
Attorney
JHB:dc
cc: Jerome Selby
4702\L.999.1
TO: Joel Bolger
AUTHORIZATION TO REQUEST LEGAL OPINION
DATE: March 10, 1989
ACCOUNT #: 010-141-510-25-49
SUBJECT OF REQUEST
Illegal signs, structures, and activities in Borough rights-of-way.
REASON FOR REQUEST
Recently a number of complaints have been lodged against Illegal, but long standing encroachments into
rights-of-way (Including Borough, City, and State rights-of-way). Before we attempt any enforcement
related to these items, we would like an attorney's opinion on the applicability of the Borough's
"grandfathering" ordinance (Ordinance 84-24-0) and/or 11 there are any reasons not to proceed with
enforcement in such cases.
REQUESTED BY:
Linda Freed, Director
Community Development Dept.
REVIEWED BY:
Jerome Selby, Borough Mayor
AUTHORIZED BY:
A (4 c( 0/1711;
nn Weideman, Purchasing Agent
3i'io77
cc: Two (2) signed copies to the Community Development Department
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KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT OFFICE
VIOLATION COMPLAINT
wish to report an alleged violation of the Borough's regulations.
understand that if a violation exists and it is not remedied within ten (10) days of the receipt of a
warning notice, a citation will be issued requiring a court appearance by the violator.
LEGAL DESCRIPTION OF PROPERTY INVOLVED:
LOTS' 24 3
BLOCK
SUBDIVISION
.USS #
Gl�il/�, /LLS
PROPERTY OWNER: (//e/46A/k-.A./CiYiiL2P/9
NAME -roS r , ` _TELEPHONE #
ADDRESS $4 1 i1 1matoe 4')f /
PROPERTY IS ZONED:
COMPLAINT: The Chicken Charli P' c Si ET, p revioucly the T.em' s
Chicken Palace sign, located at the intersection of Mill Bay
and Murphy Way in my opinion, needs to be moved back nff the
road system. It obstructs the view of Southbound Mi11 Bay
traffic and since Mill Bay curves behind this intersertinn, it
poses a hazard to the driver as well as pedestrians on the corners.
7 ADDRESS:
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