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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 Aee dd.( - 301T ,266 IpP141)9r ) 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 11e(cli."-gawc )1\v - 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 5rill KeT—twifit 6 r tii+ kilivk tP1-4- /10A to 4,,,,d j.� ��-� i 1 � �^' �'�-rte,,.-" V 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: ‘,(///v-//// Z (Signature) d TELEPHONE Z''' -e5-701(' eX%i6.?/G' D�/i, cfie; f&A•C DATE• 3-127 PERSON ACCEPTING COMPLAINT In -G ikgzte DATE: /�/G✓ 3 (Revised 8/83) fahV AMPAD 23-000 50 SHT. PAD EFFICIENCY® 23-001 250 SHT. 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