2020-01-09 Work Session
Visit our website at
www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough
Kodiak Island Borough
Assembly Work Session
Thursday, January 9, 2020, 6:30 p.m.
School District Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming
regular meeting agenda packet and seek or receive information from staff. Although additional items not
listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no
formal action is taken at work sessions and items that require formal Assembly action are pla ced on
regular Assembly meeting agenda. Citizen’s comments at work sessions are NOT considered part of the
official record. Citizen’s comments intended for the “official record” should be made at a regular Assembly
meeting.
Page
1. CITIZENS’ COMMENTS (Limited to Three Minutes per Speaker)
2. AGENDA ITEMS
3 - 5
a.
Humpback Whale Critical Habitat Designation
Humpback Whale Critical Habitat Designation Maps
Comment deadline
6 - 47
b.
UMOT - Continued Discussion
Ordinance FY2020-09 Version 1
Ordinance FY2020-09 Version 1 With Notes
c.
Assembly Meeting Schedule
d.
Mayoral Appointment of the Cook Inlet Regional Citizens
Advisory Council
3. MANAGER COMMENTS
4. CLERK’S COMMENTS
5. PACKET REVIEW
Items may be added during the work session for inclusion on the Regular Meeting agenda. The
item title needs to be provided/developed at the work session in enough detail to give assembly
and public reasonable notice.
AWARDS AND PRESENTATIONS
Stalking Awareness Month Proclamation
PUBLIC HEARING
UNFINISHED BUSINESS
Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of
Page 1 of 47
Visit our website at
www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough
Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough
Assembly And Chapter 2.30 Rules Of The Assembly To Change
Declaring And Filling Vacancies And Absences.
NEW BUSINESS
CONTRACTS
RESOLUTIONS
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2020-09 - An ordinance of the Assembly of the Kodiak
Island Borough amending Titles 1, 6, 8, 9, 10, 13, 16, 17 and 18 of the
Borough code to clarify and make consistent language relating to code
enforcement.
Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01,
Fiscal Year 2020 Budget, By Amending Budgets To Account For
Various Revenues That Are Over Budget, Providing For Additional
Expenditures And Moving Funds Between Projects.
OTHER ITEMS
Releasing Prior Memos Regarding The Process For Loans Or Grants
From The Facilities Fund:
• 1994 Jamin, Ebell, Bolger, & Gentry
• 2012 Wohlforth, Brecht, Cartledge and Brooking
• 2014 Levesque Law Group, LLC
Confirmation of the Mayoral Appointment to the Cook Inlet Regional
Citizens Advisory Council
* Confirmation of Mayoral Appointment to the Solid Waste Advisory
Board (Mr. Hogen)
* Declaring A Seat Vacant On The Architectural / Engineering R eview
Board (Mr. Steven Neff)
EXECUTIVE SESSION
6. ASSEMBLY MEMBERS COMMENTS
7. MAYOR’S COMMENTS
Page 2 of 47
54390 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules
(1) Overview map of critical habitat for the Western North Pacific DPS of humpback whales:
AGENDA ITEM #2.a.
Humpback Whale Critical Habitat Designation
Page 3 of 47
54391 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules
[FR Doc. 2019–21186 Filed 10–8–19; 8:45 am]
BILLING CODE 3510–22–C
AGENDA ITEM #2.a.
Humpback Whale Critical Habitat Designation
Page 4 of 47
65346 Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 223, 224, and 226
[Docket No. 191121–0087]
RIN 0648–BI06
Endangered and Threatened Wildlife
and Plants: Proposed Rule To
Designate Critical Habitat for the
Central America, Mexico, and Western
North Pacific Distinct Population
Segments of Humpback Whales
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Extension of public comment
period; notice of public hearing.
SUMMARY: NMFS announces the
extension of the public comment period
on the proposed rule to designate
critical habitat for the Central America,
Mexico, and Western North Pacific
distinct population segments (DPSs) of humpback whales (Megaptera
novaeangliae). We also announce that
an additional public hearing will be
held on this proposed rule.
DATES: The deadline for receipt of
comments is extended to January 31,
2020. A public hearing will be held on
January 6, 2020, from 4 p.m. to 7 p.m.
(local time) in Petersburg, Alaska.
ADDRESSES: You may submit data,
information, or written comments on
the proposed rule, identified by NOAA–
NMFS–2019–0066, and on the
supplemental documents by the
following methods: Electronic Submission: Submit all
electronic comments via the Federal eRulemaking Portal. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-2019-
0066, click the ‘‘Comment Now!’’ icon,
co mplete the required fields, and enter or attach your comments. Mail: Submit written comments to
Endangered Species Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East West
Highway (SSMC3), Silver Spring, MD
20910, Attn: Humpback Whale Critical
Habitat Proposed Rule. Instructions: Comments sent by any
other method than the above (except if provided during a public hearing), to
any other address or individual, or
received after the end of the comment
period, might not be considered by
NMFS. All comments received are a part
of the public record and will generally
be posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, or Adobe PDF file formats
only. Public Hearing: A public hearing will
be held on January 6, 2020, in the
Petersburg Borough Assembly
Chambers, 12 South Nordic Drive,
Petersburg, Alaska 99833.
Supporting Documents: Documents
supporting this proposed rule, which
include a Draft Biological Report (NMFS
2019a), a Draft Economic Analysis (IEc
2019a), and a Draft Section 4(b)(2)
Report (NMFS 2019b), are available on
the Federal e-Rulemaking Portal, www.regulations.gov/#!docketDetail;D=
NOAA-NMFS-2019-0066.
FOR FURTHER INFORMATION CONTACT: Lisa
Manning, NMFS, Office of Protected
Resources, 301–427–8466.
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2019, we published a
proposed rule to designate critical
habitat for the endangered Western
North Pacific DPS, the endangered
Central America DPS, and the
threatened Mexico DPS of humpback
whales under the ESA (84 FR 54354).
Areas proposed as critical habitat
include specific marine areas located off
the coasts of California, Oregon,
Washington, and Alaska. Based on
consideration of national security and
economic impacts, we also have
proposed to exclude multiple areas from
the designation for each DPS. The
deadline for submission of public
comments on this proposed rule and the
supporting documents was originally
scheduled for December 9, 2019. Following receipt of several requests,
we are extending the deadline for
submission of public comments to
January 31, 2020. This extension will
help ensure that the proposed rule and
supporting documents undergo
thorough and robust review.
Public Hearings
A series of five public hearings was
announced in the Federal Register on
October 17, 2019 (84 FR 55530). In
response to several requests, we are
scheduling a sixth public hearing in
Petersburg, Alaska, on January 6, 2020.
See DATES and ADDRESSES sections for
further details. We will be offering
remote access to this hearing via a
webinar. For instructions on how to
access this hearing remotely, please
contact Lisa Manning (see FOR FURTHER
INFORMATION CONTACT).
The public hearing will begin with a brief presentation by NMFS to provide
an overview of critical habitat under the
ESA and a summary of the proposed
critical habitat designations for
humpback whales. Following the
presentation, members of the public will
have the opportunity to provide oral
comments on the record regarding the
proposed designations. Members of the
public will also have the opportunity to
submit written comments at the hearing.
Written comments may also be
submitted at any time during the public
comment period; see ADDRESSES section
for more details. Note that all comments received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the commenter
will be publicly accessible.
Reasonable Accommodations
People needing accommodations so
that they may attend and participate at
the public hearing should submit a
request for reasonable accommodations
as soon as possible, and no later than 7
business days prior to the hearing date,
by contacting Lisa Manning (see FOR
FURTHER INFORMATION CONTACT).
Authority: 16 U.S.C. 1531 et seq.
Dated: November 21, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–25759 Filed 11–26–19; 8:45 am]
BILLING CODE 3510–22–P
AGENDA ITEM #2.a.
Humpback Whale Critical Habitat Designation
Page 5 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 1 of 21
Insertion – Bold, Blue, Underlined Version 1
Introduced by: Borough Manager 1
Drafted by: Borough Manager 2
Introduced on: 01/16/2020 3
Public Hearing Date: 4
Adopted on: 5
KODIAK ISLAND BOROUGH 6
ORDINANCE NO. FY2020-09 7
8
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9
TITLES 1, 6, 8, 9, 10, 13, 15, 16, 17 AND 18 OF THE BOROUGH CODE TO CLARIFY AND 10
MAKE CONSISTENT LANGUAGE RELATING TO CODE ENFORCEMENT 11
12
WHEREAS, in 2014 the Borough Assembly chose to proceed with modifications to the Kodiak 13
Island Borough Code to accommodate inclusion of certain Borough Code violations in the Alaska 14
Uniform Minor Offense Table (UMOT), thus allowing enforcement with citations; and 15
16
WHEREAS, the Assembly finds that potential jail time and labelling certain code violations as 17
misdemeanors restricts the ability to enforce those offenses through a citation process; and 18
19
WHEREAS, the Assembly finds that it is appropriate to update references to enforcement 20
officers in the Borough Code to eliminate different terms referring to the same functions; and 21
22
WHEREAS, the Assembly finds that it is in the public interest to enable Borough staff to enforce 23
the Borough Code using the minor offense process through the Alaska Court system. 24
25
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26
BOROUGH THAT: 27
28
Section 1: Sections 2 through 17 of this ordinance are of a general and permanent nature 29
and shall become a part of the Kodiak Island Borough Code of Ordinances. 30
31
Section 2: Kodiak Island Borough Code Chapter 1.20, General Penalty, is amended to read 32
as follows: 33
34
Chapter 1.20 35
GENERAL PENALTY 36
Sections: 37
1.20.010 Designated. 38
1.20.020 Scope of prohibitions. 39
1.20.030 Code enforcement officer designation. 40
1.20.040 Application of fine schedule. 41
1.20.050 Fine schedule. 42
43
1.20.010 Designated. 44
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 6 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 2 of 21
Insertion – Bold, Blue, Underlined Version 1
A. A violation of a provision of this code is an offense punishable by a penalty not to exceed a fine 45
of $1,000, in addition to the surcharge required under AS 12.55.039. If another penalty is 46
established by ordinance for the provision violated and that penalty is listed in the schedule of 47
fines adopted by the borough assembly, that penalty shall apply. 48
49
B. In accordance with AS 29.25.070(a), citations for the certain offenses of KIBC may be disposed 50
of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of 51
the fine amounts established in a schedule of fines adopted by the borough assembly by 52
ordinance resolution, plus the state surcharge required by AS 12.55.039 and 29.25.074. For 53
purposes of elevated fines for subsequent offenses, a prior offense is within the time 54
period for consideration if the conviction for that offense occurred within 3 years prior to 55
the date of the present alleged violation. The Rules of Minor Offense Procedure in the Alaska 56
Rules of Court apply to all offenses listed in the established schedule of fines. Citations charging 57
these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with 58
one of these offenses appears in court and is found guilty, the penalty imposed for the offense 59
may not exceed the fine amount for that offense listed. If an offense is not listed on this schedule 60
of fines, or if an offense is listed as requiring a mandatory court appearance, the defendant 61
must appear in court to answer to the charges. These fines prescribed in the fine schedule may 62
not be judicially reduced. 63
64
C. The borough or an aggrieved person may institute a civil action against a person, including a 65
minor as provided in this subsection, who violates any provision of this code. In addition to 66
injunctive and compensatory relief, the penalty listed in the schedule of fines adopted by the 67
borough assembly, and not to exceed $1,000, may be imposed for each violation. An action to 68
enjoin a violation may be brought notwithstanding the availability of any other remedy. On 69
application for injunctive relief and a finding of a violation or a threatened violation, the superior 70
court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a 71
separate violation. 72
73
D. The borough shall provide written notice to the commissioner of health and social services or 74
to the commissioner’s designee of the commencement of a civil enforcement action for the 75
violation of an ordinance under subsection C of this section against a minor. Unless the 76
commissioner and the borough have negotiated an agreement making other arrangements for 77
the borough to provide the notice required by this subsection, the borough shall provide the notice 78
by mailing a copy of the citation or other document setting out the notice of the commencement 79
of the civil enforcement action. 80
81
E. In this section, “minor” means a person under 18 years of age. 82
83
F. Unless an ordinance authorizes use of a hearing officer, the enforcement of a civil penalty 84
against a minor for violation of any provision of this code shall be heard in the district court in the 85
same manner as for similar allegations brought against an adult, except that the minor’s parent, 86
guardian, or legal custodian shall be present at all proceedings unless the court excuses the 87
parent, guardian, or legal custodian from attendance for good cause. 88
89
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 7 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 3 of 21
Insertion – Bold, Blue, Underlined Version 1
G. An action for a civil penalty filed against a minor under this section does not give rise to the 90
right to a trial by jury or to counsel appointed at public expense. 91
92
1.20.020 Scope of prohibitions. 93
When an ordinance of the borough prohibits an act or an omission, it shall be construed to prohibit 94
causing, aiding, abetting, or concealing the fact of the act or omission. 95
96
1.20.030 Code enforcement officer designation. 97
The manager may designate in writing as borough code enforcement officers those 98
persons authorized to enforce any part of this code. Any officer so designated to enforce 99
some or all provisions of the KIB Code shall be authorized to issue citations, or notices of 100
violation where permitted, for any violation of this code which the officer is authorized to 101
enforce in the manner provided by AS 12.25.180 through 12.25.230. Borough code 102
enforcement officers appointed under the authority of this section shall not have the 103
general authority of police officers. 104
105
1.20.040 Application of fine schedule. 106
A. For voluntary disposition after either arraignment or application for entry of a default 107
judgment, the alleged violator may submit the amount set forth in the fine schedule, along 108
with the required statutory police training surcharge, to the court. 109
110
B. In the event any penalties or fines are not paid within 30 days after the date they are due 111
pursuant to the court’s order, such penalties or fines shall be delinquent. 112
113
C. Notwithstanding other provisions of this section, delinquent penalties and fines may be 114
collected through any lawful means. The cost of collection of such accounts shall be added 115
to the amount owed. 116
117
1.20.050 Fine schedule. 118
Code Section Offense Penalty/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
subsequent offenses)
$100
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
subsequent offenses)
$83
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 8 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 4 of 21
Insertion – Bold, Blue, Underlined Version 1
Code Section Offense Penalty/Fine
KIBC 6.04.090 Tethering of Animals Prohibited (1st offense) $28
KIBC 6.04.090 Tethering of Animals Prohibited (2nd offense) $55
KIBC 6.04.090 Tethering of Animals Prohibited (3rd and
subsequent offenses)
$83
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(B)&(D) Control of Animals (2nd offense) $83
KIBC 6.04.100(B)&(D) Control of Animals (3rd and subsequent
offenses)
$110
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 subsequent
offenses)
$83
KIBC 6.04.120 Animal Identification (1st offense) $28
KIBC 6.04.120 Animal Identification (2nd offense) $55
KIBC 6.04.120 Animal Identification (3rd and subsequent
offenses)
$83
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
offenses)
$83
KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set-out (1st 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 (3rd offense) $500
KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set-out (4th and
subsequent offenses)
$1000
KIBC 10.10.010 Junk Vehicles (1st offense) $450
KIBC 10.10.010 Junk Vehicles (2nd 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
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 9 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 5 of 21
Insertion – Bold, Blue, Underlined Version 1
Code Section Offense Penalty/Fine
KIBC 10.20.010 Obstruction of Rights-of-Way (3rd and
subsequent offenses)
$200
KIBC 10.20.020 Obstruction of Service (1st offense) $50
KIBC 10.20.020 Obstruction of Service (2nd offense) $100
KIBC 10.20.020 Obstruction of Service (3rd and subsequent
offenses)
$200
119
The schedule of fines shall be reviewed annually by the borough assembly during the 120
development of the budget. The community development director shall review the fines 121
for consistency with the State of Alaska’s Rules of Minor Offense Procedure and present 122
the findings to the borough assembly for consideration during its review. 123
124
Section 3: Kodiak Island Borough Code section 6.04.270, Penalties and remedies, is 125
amended to read as follows: 126
127
6.04.270 Penalties and remedies. 128
A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 129
6.04 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 130
appearance, upon payment of the fine amounts established in a schedule of fines adopted by the 131
borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state 132
surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in 133
the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations 134
charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the 135
person may choose to appear in court and contest the citation. If a person charged with one of 136
these offenses appears in court and is found guilty, the penalty imposed for the offense may not 137
exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines, 138
the defendant must appear in court to answer to the charges. These fines may not be judicially 139
reduced. If a person is cited for an offense for which a scheduled fine has been established under 140
this chapter and fails to pay a fine or appear in court, the citation shall be considered a summons 141
for a misdemeanor. 142
143
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 144
bring a civil action to enjoin any violation of this chapter. An action for injunction under this section 145
may be brought notwithstanding the availability of any other remedy. Upon application for 146
injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin 147
the violation. 148
149
C. Each act or condition violating this chapter, and each day during which the act or condition 150
exists when the owner or keeper is known to be aware of the condition, shall be a separate and 151
distinct violation except in circumstances where the violation is acknowledged and actively being 152
corrected. 153
154
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 10 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 6 of 21
Insertion – Bold, Blue, Underlined Version 1
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 155
penalty provided for in state law or any civil remedy available to the borough. 156
157
Section 4: Kodiak Island Borough Code section 8.20.030, Penalties and remedies, is 158
amended to read as follows: 159
160
8.20.030 Penalties and remedies. 161
A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 162
8.20 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 163
appearance, upon payment of the fine amounts established in a schedule of fines adopted by the 164
borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state 165
surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in 166
the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations 167
charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the 168
person may choose to appear in court and contest the citation. If a person charged with one of 169
these offenses appears in court and is found guilty, the penalty imposed for the offense may not 170
exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines, 171
the defendant must appear in court to answer to the charges. These fines may not be judicially 172
reduced. If a person is cited for an offense for which a scheduled fine has been established in the 173
schedule of fines and fails to pay a fine or appear in court, the citation shall be considered a 174
summons for a misdemeanor. In addition, the court may order the person to gather and dispose 175
of litter in an area and for a length of time to be determined by the court. 176
177
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 178
bring a civil action to enjoin any violation of this chapter or to obtain damages for any injury the 179
plaintiff suffered as a result of the violation. 180
181
C. Each act or condition violating this chapter and each day during which the act or condition 182
exists, continues or is repeated shall be a separate and distinct violation. 183
184
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 185
penalty provided for in state law or any civil remedy available to the borough. 186
187
Section 5: Kodiak Island Borough Code section 8.25.020, Definitions, is amended to read as 188
follows: 189
190
8.25.020 Definitions. 191
In this chapter, each of the following terms has the respective corresponding meaning: 192
193
“Bear cart” means a cart designed to be resistant to opening by bears. 194
195
“Bin” means a receptacle for storing solid waste that is picked up with front-end loading vehicles, 196
such as those having a three- to eight-yard capacity, sometimes referred to as a “dumpster.” 197
198
“Borough landfill” means the landfill owned by the borough. 199
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 11 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 7 of 21
Insertion – Bold, Blue, Underlined Version 1
200
“Bulky item(s)” means any large item of solid waste, as determined from time to time by the 201
manager which can be safely lifted by two individuals using a dolly, generated at residential 202
premises and discarded at residential set-out sites, such as the following: 203
1. Furniture, including metal desks and storage cabinets; 204
2. Pianos and organs; 205
3. Televisions; 206
4. Large appliances, including washers, driers, refrigerators, freezers, dishwashers and 207
stoves; 208
5. Toys, bikes, and dismantled swing sets; 209
6. Lawn mowers and snow blowers with no gas or oil in them, up to four auto or pickup 210
tires per customer each calendar month, with rims removed; and 211
7. Any item, other than lumber, that can be cut or broken down meeting the following 212
requirements: 213
a. Not longer than four feet in length; and 214
b. Weighing no more than 70 pounds. 215
216
“Bulky items” does not mean the following: 217
1. Material generated at nonresidential premises, including commercial business 218
operations; 219
2. Bundled yard waste, branches; 220
3. Sod, soil, and rock; 221
4. Broken concrete and asphalt; 222
5. Brick, block, and stone; 223
6. Railroad ties or similar type of retaining wall timbers; 224
7. Remodeling debris, including shingles; 225
8. Carpeting; 226
9. Sinks, concrete laundry tubs, and cast iron plumbing fixtures; 227
10. Windows and doors; 228
11. Lumber; 229
12. Animal waste, including all excrement from domestic animals and fowl, and all hay, 230
straw, or other materials that have been used for animals’ or fowls’ bedding; 231
13. Liquids, including paint; 232
14. Hazardous waste, including household hazardous waste; 233
15. Fuel oil tanks; and 234
16. Any automotive parts, including vehicle batteries and tires. 235
236
“C&D (Construction & Demolition) Debris” means any Solid Waste discarded in Dumpsters 237
or Roll-off Containers that the Contract hauler must collect under the On-Call Temporary 238
Dumpster and Roll-Off Collection Service section of the approved Collection contract, 239
such as the following: 240
1. Bundled yard waste, branches; 241
2. Sod, soil and rock; 242
3. Broke concrete and asphalt; 243
4. Brick, block, and stone; 244
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 12 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 8 of 21
Insertion – Bold, Blue, Underlined Version 1
5. Railroad ties or similar type of retaining wall timbers; 245
6. Remodeling debris; 246
7. Carpeting; 247
8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures; 248
9. Windows and doors; and 249
10. Lumber. 250
251
“Cart” means a wheeled receptacle for storing solid waste that can be emptied by either 252
semi- or fully-automated vehicles. 253
254
“Collection contract” means the contract described between the contract hauler and the 255
borough for collection of solid waste and transportation to the borough landfill. 256
257
“Collection service area” means all premises accessible via roads maintained by the state 258
of Alaska, the borough, the city of Kodiak, or the U.S. government, in and around Kodiak 259
City and within the boundaries of the borough, except for the USCG facilities and past 260
milepost one of Anton Larsen Road. 261
262
“Commercial” describes people, such as customers, places, such as premises, or things, 263
such as carts or types of solid waste, in the borough that are not residential or multifamily. 264
265
“Compactor” means a receptacle containing a ram that pushes and compresses waste 266
into a container or bale. 267
268
“Contract hauler” means the contractor under the municipal solid waste collection contract. 269
270
“Disposal” or “dispose” means the act or action of discarding solid waste. 271
272
“Hazardous or toxic waste” means any material that meets the definition of 40 C.F.R. 261 273
and AS 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or 274
pathological wastes, radioactive materials, explosive or highly flammable materials, oil 275
and petroleum products, and burning or smoldering materials. 276
277
“Household hazardous waste” means hazardous waste generated on residential premises. 278
279
“Manager” means the borough manager or designee. 280
281
“Multifamily” describes people, such as customers, places, such as premises, or things, 282
such as carts or types of solid waste, in the borough that are not residential premises. 283
284
“Multifamily premises” means premises that are not residential premises, and therefore 285
contains four or more dwelling units, including apartment complexes and trailer courts. 286
287
“Premises” means property having any habitable building, whether residential, 288
multifamily, or commercial. 289
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 13 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 9 of 21
Insertion – Bold, Blue, Underlined Version 1
290
“Recyclables” means materials which can be reprocessed, reconditioned, or adapted to 291
use again or for a new use or function. 292
293
“Residential premises” means a premises meeting both of the following conditions: 294
1. It contains one, two, or three dwelling unit(s); and 295
2. Each dwelling unit is occupied by related individuals, or by five or fewer unrelated 296
individuals. 297
298
“Roll-off” means an open-topped rectangular receptacle for storage, collection, and 299
transport of solid waste that is rolled on and off flatbed collection vehicles via winches or 300
reeving cylinders (hooks). 301
302
“Scavenging” means the controlled removal of waste materials for recycling or reuse. 303
304
“Sewage solids” means waste that passes the paint filter test, EPA Test Method 9095, 305
published in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 306
846, adopted by reference in 18 AAC 60.365, and has been removed from a wastewater 307
treatment system, sewer, septic tank, or other wastewater handling equipment; “sewage 308
solids” includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater 309
treatment sludge. 310
311
“Solid waste” means “municipal solid waste” as defined in AS 46.03.900. 312
313
“Solid waste collection” means the act of removing solid waste from the central storage 314
point of a primary generating source, such as a residence or business, to a place of solid 315
waste disposal. 316
317
“Solid waste disposal” means the orderly process of finally disposing of solid waste. 318
319
“Solid waste generator” means anyone who creates solid waste during everyday living 320
and working. 321
322
“Solid waste storage” means the interim containment of solid waste, in an approved 323
manner, after generation and prior to collection and disposal. 324
325
Section 6: Kodiak Island Borough Code section 8.25.070, Solid waste storage and set-out, is 326
amended to read as follows: 327
328
8.25.070 Solid waste storage and set-out. 329
A. Storage. Each solid waste generator is responsible for the placement of that person’s bin or 330
cart so that it will not easily be tipped, such as by an animal or the wind. Lids on the bins or carts 331
must be kept closed to keep out rain, snow, and animals. Surplus liquids must be drained from 332
solid waste and placed in watertight bags before discarding them in containers. 333
334
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 14 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 10 of 21
Insertion – Bold, Blue, Underlined Version 1
B. Set-Out. 335
1. Site. Anyone who receives solid waste collection service in cCarts or bins service must be 336
placed their container in the following locations by the contract hauler or solid waste collection 337
service recipient, or as instructed by the contract hauler: 338
339
a. Roadside; 340
b. In an adjacent alley; or 341
c. Within three feet of the roadway on which the contract hauler can drive its collection vehicles. 342
For example, if the serviced premises are adjacent to more than one street, alley, or roadway, the 343
contract hauler may instruct the customer to set out containers on only one specified street, alley, 344
or roadway. 345
346
The contract hauler may require alternative placement based on site-specific conditions. 347
348
2. Required Actions. Anyone who receives solid waste collection service, whether in a cart, bin, 349
or roll-off, must do the following: 350
351
a. Discard only securely bagged or bundled solid waste inside the cart, bin, or roll-off provided by 352
the contract hauler for that customer’s use; and 353
b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart, 354
bin, or roll-off. 355
356
The contract hauler is not required to clean up solid waste discarded, scattered, littered, or 357
otherwise strewn outside the cart, bin, or roll-off, except for solid waste that the contract hauler 358
spills during collection and transportation. 359
360
3. Prohibited Conduct. 361
a. Anyone who receives utilizes solid waste cart collection service, whether in a cart, bin or roll-362
off, must not do any of the following: discard dead animals in the cart. This discarding of any 363
solid waste outside the cart is also prohibited, including the following items: 364
365
a. Discard dead animals in the cart, bin, or roll-off; or 366
b. Discard any solid waste outside the cart, bin, or roll-off, including the following: 367
368
i. Litter; 369
ii. Bulky items, such as appliances, bed springs, mattresses, furniture as defined by KIBC 370
8.25.020; 371
iii. C&D Debris as defined by KIBC 8.25.020 Nonbulky items listed in the definition of “bulky 372
items” (such as construction/demolition waste, unless as allowed during temporary service as in 373
KIBC 8.25.060(B), tree limbs, lawn clippings, animal waste); and 374
iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 375
376
No one may discard any material in a roll-off except for the roll-off provided by the contract hauler 377
for that person’s solid waste collection service. 378
379
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 15 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 11 of 21
Insertion – Bold, Blue, Underlined Version 1
b. Anyone who utilizes solid waste bin or roll-off collection services must securely close 380
and lock the bin or roll-off door or cover and must not discard dead animals in the bin or 381
roll-off. The discarding of any solid waste outside the bin or roll-off is also prohibited, 382
including, but not limited to, the following items: 383
384
i. Litter: 385
ii. Bulky items as defined by KIBC 8.25.020; 386
iii. C&D Debris as defined by KIBC 8.25.020; and 387
iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 388
389
No one may discard any material in a roll-off except for the roll-off provided by the contract 390
hauler for that person’s solid waste collection service. 391
392
C. Clearance and Access. A cart customer must maintain a minimum of three feet of clearance 393
between each cart and any mailbox, vehicle, snow berm, or other object that would obstruct 394
collection, including the arm on an automated collection truck. A cart customer must maintain 395
clear access to the cart set-out site so that the collection vehicles can lift and empty carts, 396
including clearing away snow and other obstructions, such as parked vehicles. 397
398
D. Bin Sharing. Two or more bin customers must share bins, and the allocable service charges 399
for solid waste collection, if directed by the contract hauler when there is limited space for set-out 400
or collection of bins. 401
402
E. Safety. Each customer must maintain its set-out site so that it is safely accessible to contract 403
hauler’s vehicles and employees. If the contract hauler determines that the set-out site is not safe, 404
it is not obligated to provide collection service there. Contractor will coordinate safe set-out 405
location with customer for each occurrence. 406
407
Section 7: Kodiak Island Borough Code section 8.25.220, Administration, implementation and 408
enforcement, is amended to read as follows: 409
410
8.25.220 Administration, implementation, and enforcement. 411
The manager is authorized to administer, implement, and enforce this chapter and promulgate 412
related solid waste policy, unless this chapter expressly names another person. The manager 413
may request assistance from other persons or request that other persons administer, implement 414
and enforce all or a portion of this chapter. Examples of other persons are: 415
416
A. The director of finance or the auditor-controller, for example, with respect to collection of user 417
fees; 418
B. City of Kodiak police department; 419
C. Borough attorney; 420
D. Other borough departments; 421
E. District attorney; 422
F. Alaska State Department of Environmental Conservation; 423
G. Alaska Department of Fish and Game; 424
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 16 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 12 of 21
Insertion – Bold, Blue, Underlined Version 1
H. Alaska State Troopers; and 425
I. An A Code enforcement officer designated under KIBC 1.20.030. 426
427
Section 8: Kodiak Island Borough Code section 8.25.230, Enforcement officer, is repealed. 428
429
8.25.230 Enforcement officer. 430
A. Authority. The enforcement officer has the authority to issue citations, summons, and 431
complaints, or notices of violation to anyone who violates this chapter. 432
B. Citation. A citation filed in the district court charging a violation under this chapter is deemed 433
as a lawful complaint for purposes of prosecution under this chapter. 434
435
Section 9: Kodiak Island Borough Code section 9.10.060, Penalty, is amended to read as 436
follows: 437
438
9.10.060 Penalty. 439
Penalties for violations of this chapter are as provided in Chapter 1.20 KIBC. In accordance with 440
AS 29.25.070(a), citations for the certain offenses violations of Chapter 9.10 KIBC may be 441
disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon 442
payment of the fine amounts established in a schedule of fines adopted by the borough assembly 443
by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 444
12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in the Alaska Rules of Court 445
apply to all offenses listed in the established schedule of fines. Citations charging these offenses 446
must meet the requirements of Minor Offense Rule 3. Alternatively, the person may choose to 447
appear in court and contest the citation. If a person charged with one of these offenses appears 448
in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount 449
for that offense listed. If an offense is not listed on this schedule of fines, the defendant must 450
appear in court to answer to the charges. These fines may not be judicially reduced. If a person 451
is cited for an offense for which a scheduled fine has been established in the schedule of fines 452
and fails to pay a fine or appear in court, the citation shall be considered a summons for a 453
misdemeanor. 454
455
Section 10: Kodiak Island Borough Code Chapter 9.20, Peace Officers, is amended to read as 456
follows: 457
458
Chapter 9.20 459
PEACE CODE ENFORCEMENT OFFICERS 460
461
Sections: 462
9.20.010 Authority. 463
9.20.020 Interference with a peace borough code enforcement officer. 464
9.20.030 Penalty. 465
466
9.20.010 Authority. 467
The manager may in writing designate one or more employees of the borough as peace code 468
enforcement officers per KIBC 1.20.030. with the authority to issue citations, conduct 469
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 17 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 13 of 21
Insertion – Bold, Blue, Underlined Version 1
investigations of violations of and enforce the Kodiak Island Borough Code, ordinances, and 470
regulations, and to take other action consistent with the exercise of these enumerated powers 471
when necessary to enforce the Kodiak Island Borough Code, ordinances and regulations and 472
maintain the public peace. 473
474
9.20.020 Interference with a peace borough code enforcement officer. 475
No person may interfere with a peace borough code enforcement officer while he is in the 476
performance of his the officer’s duties. A person who does any of the following is guilty of 477
interfering with a peace borough code enforcement officer: 478
479
A. By use or threat of force or violence, the person he prevents or attempts to prevent a peace 480
borough code enforcement officer from carrying out the officer’s his duties; 481
482
B. By use or threat of force or violence, the person he attempts to aid or aids a person in 483
preventing a borough code enforcement peace officer from carrying out the officer’s his duties; 484
or 485
486
C. With intent to delay or prevent a borough code enforcement peace officer from discharging 487
the officer’s lawful duties, the person he in any manner physically impedes or hinders the 488
borough code enforcement peace officer. 489
490
9.20.030 Penalty. 491
A person who interferes with, unlawfully assaults or threatens, or unlawfully strikes or wounds a 492
peace borough code enforcement officer in violation of KIBC 9.20.020 while he is performing 493
his duties is guilty of a violation misdemeanor, punishable by a fine of not more than $500.00 or 494
by imprisonment in jail for not more than 30 days, or by both, in addition to the surcharge required 495
to be imposed under AS 12.55.039. 496
497
Section 11: Kodiak Island Borough Code Title 10 Vehicles and Traffic, is amended to read as 498
follows: 499
500
TITLE 10 501
VEHICLES AND TRAFFIC 502
503
Chapters: 504
10.10 Junk or Abandoned Vehicles. 505
10.20 Stopping, Standing, and Parking. 506
507
10.10.005 Definitions. 508
For the purpose of this chapter the following definitions shall apply: 509
510
“Abandoned vehicle” means: any motorized or towed vehicle, wheeled or tracked, which has been 511
left unattended for a length of time which has resulted in the vehicle’s deterioration or destruction. 512
1. A registered vehicle that reasonably appears to have been left unattended, standing, 513
parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area 514
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 18 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 14 of 21
Insertion – Bold, Blue, Underlined Version 1
in excess of 48 hours, that reasonably appears to have been left standing or parked on 515
private property in excess of 24 hours or upon other public property for more than 30 days, 516
without the consent of the owner or person in charge of the property; or 517
2. A wrecked or junk vehicle that reasonably appears to have been left unattended, 518
standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular 519
way or area in excess of 24 hours, or a wrecked or junk vehicle that reasonably appears to 520
have been left standing or parked on private property or other public property in excess of 521
24 hours and without the consent of the owner or person in charge of the property. 522
523
“Junk” means any worn out, cast-off, or discarded article or material which is ready for destruction 524
or has been collected or stored for conversion or salvage to some other use. 525
526
“Junk vehicle” means a vehicle that: 527
1. Is not currently registered (except for a vehicle used exclusively for competitive racing); 528
2. Is stripped, wrecked, or otherwise inoperable due to mechanical failure; 529
3. Has not been repaired because of mechanical difficulties or because the cost of repairs 530
required to make it operable exceeds the fair market value of the vehicle; or 531
4. Is in a condition that exhibits more than one of the following elements: 532
a. Broken glass; 533
b. Missing wheels or tires; 534
c. Missing body panels or parts; or 535
d. Missing drive train parts. 536
537
“Wrecked vehicle” means a vehicle that is disabled and cannot be used as a vehicle 538
without substantial repair or reconstruction. 539
540
10.10.010 Junk or abandoned vehicles. 541
A. It is unlawful for a person to store or abandon junk or a vehicle on a street or highway within 542
the borough. 543
544
B. It is unlawful for a person to store or abandon junk or a vehicle on public property not set aside 545
by law as a refuse disposal site open for the disposal of junk or vehicles. 546
547
C. It is unlawful for a person, without the consent of the property owner or person in possession 548
or control of property, to store or abandon junk or a vehicle on said property unless such property 549
is licensed as a junkyard and is open for disposal, or unless all necessary fees for removal and 550
storage have been paid and all other requirements of disposal have been met. 551
… 552
553
10.10.080 Penalties and remedies. 554
A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 555
10.10 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 556
appearance, upon payment of the fine amounts established in a schedule of fines adopted by the 557
borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state 558
surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in 559
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 19 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 15 of 21
Insertion – Bold, Blue, Underlined Version 1
the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations 560
charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the 561
person may choose to appear in court and contest the citation. If a person charged with one of 562
these offenses appears in court and is found guilty, the penalty imposed for the offense may not 563
exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines, 564
the defendant must appear in court to answer to the charges. These fines may not be judicially 565
reduced. If a person is cited for an offense for which a scheduled fine has been established in the 566
schedule of fines and fails to pay a fine or appear in court, the citation shall be considered a 567
summons for a misdemeanor. 568
569
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 570
bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the 571
plaintiff suffered as a result of the violation. 572
573
C. Each act or condition violated in this chapter, and each day during which the act or condition 574
exists, continues or is repeated shall be a separate and distinct violation. 575
576
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 577
penalty provided for in state law or any civil remedy available to the borough. 578
579
CHAPTER 10.20 580
STOPPING, STANDING, AND PARKING 581
582
Sections: 583
10.20.010 Obstruction of rights-of-way. 584
10.20.020 Obstruction of service. 585
10.20.030 Penalties and remedies. 586
587
10.20.010 Obstruction of rights-of-way. 588
A. No person shall park a vehicle on any borough-owned street or improved right-of-way, 589
for a period of time longer than 24 hours. 590
591
B. No person shall park, or allow or cause to be parked, on any borough-owned street or 592
right-of-way, any disabled or inoperable motor vehicle for a period to exceed 24 hours. 593
594
C. No commercial or construction vehicles and/or equipment, registered per AS 595
28.10.421(c) or 28.10.421(h) or the equivalent, shall be parked overnight upon any borough-596
owned street or improved right-of-way unless otherwise legally parked in close proximity 597
to a construction site or other temporary commercial enterprise on which the equipment 598
is in current use and the daily removal to legal off-street parking would be unfeasible. 599
600
10.20.020 Obstruction of service. 601
A. Any person parking a vehicle on a borough-owned street or improved right-of-way shall 602
remove the subject vehicle within twelve hours of the issuance of a temporary parking 603
closure. Temporary parking closure notifications shall be provided by borough officials 604
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 20 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 16 of 21
Insertion – Bold, Blue, Underlined Version 1
or service district representatives via public radio and temporary signage placed in the 605
vicinity of the closure. 606
607
B. During declared natural disasters or extreme weather events where immediate action 608
by the borough or service district is required in order to maintain operability of the street 609
or improved right-of-way, borough officials and service district representatives may have 610
vehicles removed from the right-of-way without notification to the vehicle’s owner prior to 611
removal. 612
613
10.20.030 Penalties and remedies. 614
A. In accordance with AS 29.25.070(a), citations for the violation of Chapter 10.20 KIBC 615
may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 616
appearance, upon payment of the fine amounts established in a schedule of fines adopted 617
by the borough assembly by ordinance pursuant to Chapter 1.20 KIBC, plus the state 618
surcharge required by AS 12.55.039 and 29.25.074. 619
620
B. Penalties incurred and/or remedies sought for violations of this chapter are the 621
responsibility of the registered owner of the vehicle, any person who has acquired legal 622
title to the vehicle from or through the registered owner, or any person who has violated 623
KIBC 10.20.010 or 10.20.020. 624
625
C. Notwithstanding the availability of any other remedy, the borough or any aggrieved 626
person may bring a civil action to enjoin any violation of this chapter, or to obtain damages 627
for any injury the plaintiff suffered as a result of the violation, including, but not limited to, 628
the recovery of costs associated with towing and impoundment. 629
630
D. Each act or condition violated in this chapter, and each day during which the act or 631
condition exists, continues or is repeated shall be a separate and distinct violation. 632
633
E. The penalties provided for violation of this chapter are in addition to and not in lieu of 634
any other penalty provided for in state law or any civil remedy available to the borough. 635
636
Section 12: Kodiak Island Borough Code section 13.20.020, Administration enforcement 637
action, is amended to read as follows: 638
639
13.20.020 Administration enforcement action. 640
A. In any situation in which the borough engineer, or his authorized representative, has reason to 641
believe that the public health, safety or welfare requires corrective action, he may: 642
643
1. Exercise the right to entry for investigative purposes at all reasonable times and upon 644
presentation of proper credentials. If such entry is refused, the borough engineer, or 645
authorized representative, shall have recourse to every remedy provided by law to secure 646
entry; 647
648
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 21 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 17 of 21
Insertion – Bold, Blue, Underlined Version 1
2. Order any work being done contrary to the provisions of this title to be stopped by serving 649
notice on any persons engaged in doing or causing the work to be done, and any such 650
persons shall forthwith stop such work until authorized in writing to proceed. If the order is 651
issued verbally, a written order shall be issued prior to the conclusion of the next regular 652
workday stating the nature of the work to be stopped; and 653
654
3. Order the abatement of any condition affecting the public health, safety, and welfare. If the 655
order is given verbally, a written order shall be issued prior to the conclusion of the next 656
regular workday setting forth the nature of the abatement action and the time allowed for 657
compliance. 658
659
B. Upon complaint by a citizen, or upon his own initiative, the borough engineer may, after 660
investigation, initiate criminal proceedings against any person for the violation of this title. Except 661
for prosecution for failing to comply with an order issued under subsection A of this section, the 662
borough engineer shall give at least 10 days’ written notice of intent to prosecute and may initiate 663
criminal proceedings only if the violation is not cured, and if the person who is the subject of the 664
notice fails to seek appropriate administration relief within the notice period. 665
666
Section 13: Kodiak Island Borough Code section 13.20.050, Penalties and remedies, is 667
amended to read as follows: 668
669
13.20.050 Penalties and remedies. 670
A. A person who violates any provision of this title, or any order issued under KIBC 13.20.020(A), 671
is guilty of a violation misdemeanor and, upon conviction, is punishable by a fine of not more 672
than $500.00 for each day of violation, in addition to the surcharge required to be imposed under 673
AS 12.55.039. 674
675
B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 676
title, or the violation of any order issued under KIBC 13.20.020(A), and to obtain damages for any 677
injury the plaintiff suffered as the result of the violation. An action for injunction under this section 678
may be brought notwithstanding the availability of any other remedy. Upon application for 679
injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin 680
the violation. 681
682
Section 14: Kodiak Island Borough Code section 15.50.030, Penalties and remedies, is 683
amended to read as follows: 684
685
15.50.030 Penalties and remedies. 686
A. A person who violates any provision of this title or any order issued under KIBC 15.50.010 is 687
guilty of a violation misdemeanor and upon conviction is punishable by a fine of not more than 688
$300.00, in addition to the surcharge required to be imposed under AS 12.55.039. Each day of 689
violation constitutes a separate offense. 690
691
B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 692
title, or any order issued under KIBC 15.50.010, and to obtain damages for any injury the plaintiff 693
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 22 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 18 of 21
Insertion – Bold, Blue, Underlined Version 1
suffered as a result of the violation. An action for injunction under this section may be brought 694
notwithstanding the availability of any other remedy. Upon application for injunctive relief and the 695
finding of an existing or threatened violation, the superior court shall enjoin the violation. 696
697
C. Each act or condition violating this title or any order issued under KIBC 15.50.010, and each 698
day during which the act or condition exists, continues, or is repeated shall be a separate and 699
distinct violation. 700
701
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 702
penalty provided for in state law or any civil remedy available to the borough. 703
704
Section 15: Kodiak Island Borough Code section 16.10.030, Scope and jurisdiction, is 705
amended to read as follows: 706
707
16.10.030 Scope and jurisdiction. 708
A. This title governs the subdivision of all land within the borough. No subdivision plat requiring 709
borough approval shall be recorded unless approved by the borough or a standard subdivision 710
agreement has been executed with the borough. 711
712
B. These subdivision regulations do not apply to any lot or subdivision legally created and filed 713
for record prior to the effective date of these regulations, nor to subdivisions given preliminary or 714
final approval by the commission under the previously existing title, except in the instance of 715
further subdivision of existing lots or tracts. 716
717
C. The owner or agent of the owner of land located within a subdivision who transfers, sells, or 718
enters into a contract to sell land in a subdivision before a plat of the subdivision has been 719
approved and recorded is guilty of a violation misdemeanor and upon conviction is punishable 720
by a fine of not more than $300.00 for each lot or parcel transferred, sold, or included in a contract 721
to be sold. The borough may enjoin such a transfer, sale, or contract to sell and may recover the 722
penalty by appropriate legal action. 723
724
D. No agency of the state or local government may acquire property through the process of 725
eminent domain which results in a boundary change unless the agency or local government first 726
obtains from the commission preliminary approval of the replat showing clearly the location of the 727
proposed public streets, easements, rights-of-way, and other taking of private property. 728
Final approval of the replat shall be obtained within six months of the acquisition. The commission 729
shall treat applications for replat made by state or local governmental agencies in the same 730
manner as replat petitions originated by private land owners. 731
732
E. No person may file a plat or seek to have a plat filed unless it bears the approval of the borough. 733
A person who knowingly violates this requirement is punishable upon conviction by a fine of not 734
more than $300.00. 735
736
F. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title, 737
any transfer or sale of an unlawfully subdivided parcel, the violation of any term or condition of 738
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 23 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 19 of 21
Insertion – Bold, Blue, Underlined Version 1
any plat or other entitlement approved under this title, and to obtain damages for any injury the 739
plaintiff suffered as a result of the violation. An action for injunction under this section may be 740
brought notwithstanding the availability of any other remedy. Upon application for injunctive relief 741
and a finding of an existing or threatened violation, the superior court shall enjoin the violation. 742
743
Section 16: Kodiak Island Borough Code Chapter 17.210, Enforcement, Penalties and 744
Remedies, is amended to read as follows: 745
746
Chapter 17.210 747
ENFORCEMENT, PENALTIES AND REMEDIES 748
749
Sections: 750
17.210.010 Administrative enforcement action. 751
17.210.020 Administrative inspections. 752
17.210.030 Penalties and remedies. 753
17.210.040 Responsibility for violations. 754
755
17.210.010 Administrative enforcement action. 756
A. The zoning officer manager or designee may order: 757
758
1. The discontinuation of unlawful uses of land or structures; 759
2. The removal or abatement of unlawful structures, or any unlawful additions or alterations 760
thereto; 761
3. The discontinuation of construction or other preparatory activity leading to an unlawful 762
structure or an unlawful use of a land or structure; 763
4. When necessary to ensure compliance with this title, the suspension or revocation of 764
building permits, variances, or other borough land use entitlements. 765
766
B. Upon complaint by a citizen, or upon his their own initiative, the any borough code 767
enforcement officer authorized to enforce this title zoning officer may, after investigation, 768
initiate criminal proceedings against any person for the violation of this title. Except for 769
prosecutions for failing to comply with an order issued under subsection A of this section or where 770
the protection of public health and safety require immediate action, the borough code 771
enforcement officer zoning officer shall give at least 10 days’ written notice of intent to prosecute, 772
and may initiate criminal proceedings only if the violation is not cured within the notice period. 773
774
17.210.020 Administrative inspections. 775
In accordance with this section, the a borough code enforcement officer authorized to enforce 776
this title zoning officer may make inspections necessary to enforce the provisions of this title. 777
When the borough code enforcement officer zoning officer has reasonable cause to believe 778
that in any building or on any premises there exists any violation of this title, he the officer may 779
enter such building or premises at any reasonable time to inspect the same or perform any of his 780
the officer’s duties under this title; provided, that where the Constitution of the United States or 781
the state of Alaska requires that the borough code enforcement officer zoning officer obtain a 782
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 24 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 20 of 21
Insertion – Bold, Blue, Underlined Version 1
search warrant before making an inspection, he the officer shall not make the inspection until 783
authorized to do so by a search warrant issued by a court of competent jurisdiction. 784
785
17.210.030 Penalties and remedies. 786
A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or 787
any term or condition of a conditional use, variance or other entitlement issued under this title, is 788
guilty of a violation misdemeanor and upon conviction is punishable by a fine of not more than 789
$300.00, in addition to the surcharge required to be imposed under AS 12.55.039. 790
791
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 792
bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A), 793
or any term or condition of a conditional use, variance or other entitlement issued under this 794
chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An 795
action for injunction under this section may be brought notwithstanding the availability of any other 796
remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, 797
the superior court shall enjoin the violation. 798
799
C. Each act or condition violating this title, any order issued under KIBC 17.210.010(A), or any 800
term or condition of a conditional use, variance, or other entitlement issued under this title, and 801
each day during which the act or condition exists, continues or is repeated shall be a separate 802
and distinct violation. 803
804
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 805
penalty provided for in state law or any civil remedy available to the borough. 806
807
17.210.040 Responsibility for violations. 808
The record owner, and any person in possession or control of property maintained in 809
violation of this title is responsible for the violation and is subject to prosecution in 810
accordance with Chapter 1.20 KIBC and this Chapter 17.210. 811
812
Section 17: Kodiak Island Borough Code section 18.35.050, Penalties and remedies, is 813
amended to read as follows: 814
815
18.35.050 Penalties and remedies. 816
A. A person who violates the provisions of this chapter is guilty of a violation misdemeanor and 817
upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge 818
required to be imposed under AS 12.55.039. 819
820
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 821
bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the 822
plaintiff suffered as a result of the violation. 823
824
C. Each act or condition violating this chapter, and each day during which the act or condition 825
exists, continues or is repeated, shall be a separate and distinct violation. 826
827
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 25 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 21 of 21
Insertion – Bold, Blue, Underlined Version 1
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 828
penalty provided for in state law or any civil remedy available to the borough. 829
830
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 831
ordinance takes effect upon adoption or at a later date specified in the ordinance.) 832
833
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 834
THIS __________ DAY OF _______________, 2020. 835
836
KODIAK ISLAND BOROUGH ATTEST: 837
838
839
___________________________ ___________________________ 840
Bill Roberts, Mayor Tara Welinsky, Clerk 841
842
VOTES: 843
Ayes: 844
Noes: 845
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 26 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 1 of 21
Insertion – Bold, Blue, Underlined Version 1
Introduced by: Borough Manager 1
Drafted by: Borough Manager 2
Introduced on: 01/16/2020 3
Public Hearing Date: 4
Adopted on: 5
KODIAK ISLAND BOROUGH 6
ORDINANCE NO. FY2020-09 7
8
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9
TITLES 1, 6, 8, 9, 10, 13, 15, 16, 17 AND 18 OF THE BOROUGH CODE TO CLARIFY AND 10
MAKE CONSISTENT LANGUAGE RELATING TO CODE ENFORCEMENT 11
12
WHEREAS, in 2014 the Borough Assembly chose to proceed with modifications to the Kodiak 13
Island Borough Code to accommodate inclusion of certain Borough Code violations in the Alaska 14
Uniform Minor Offense Table (UMOT), thus allowing enforcement with citations; and 15
16
WHEREAS, the Assembly finds that potential jail time and labelling certain code violations as 17
misdemeanors restricts the ability to enforce those offenses through a citation process; and 18
19
WHEREAS, the Assembly finds that it is appropriate to update references to enforcement 20
officers in the Borough Code to eliminate different terms referring to the same functions; and 21
22
WHEREAS, the Assembly finds that it is in the public interest to enable Borough staff to enforce 23
the Borough Code using the minor offense process through the Alaska Court system. 24
25
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26
BOROUGH THAT: 27
28
Section 1: Sections 2 through 17 of this ordinance are of a general and permanent nature 29
and shall become a part of the Kodiak Island Borough Code of Ordinances. 30
31
Section 2: Kodiak Island Borough Code Chapter 1.20, General Penalty, is amended to read 32
as follows: 33
34
Chapter 1.20 35
GENERAL PENALTY 36
Sections: 37
1.20.010 Designated. 38
1.20.020 Scope of prohibitions. 39
1.20.030 Code enforcement officer designation. 40
1.20.040 Application of fine schedule. 41
1.20.050 Fine schedule. 42
43
1.20.010 Designated. 44
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 27 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 2 of 21
Insertion – Bold, Blue, Underlined Version 1
A. A violation of a provision of this code is an offense punishable by a penalty not to exceed a fine 45
of $1,000, in addition to the surcharge required under AS 12.55.039. If another penalty is 46
established by ordinance for the provision violated and that penalty is listed in the schedule of 47
fines adopted by the borough assembly, that penalty shall apply. 48
49
B. In accordance with AS 29.25.070(a), citations for the certain offenses of KIBC may be disposed 50
of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of 51
the fine amounts established in a schedule of fines adopted by the borough assembly by 52
ordinance resolution, plus the state surcharge required by AS 12.55.039 and 29.25.074. For 53
purposes of elevated fines for subsequent offenses, a prior offense is within the time 54
period for consideration if the conviction for that offense occurred within 3 years prior to 55
the date of the present alleged violation. The Rules of Minor Offense Procedure in the Alaska 56
Rules of Court apply to all offenses listed in the established schedule of fines. Citations charging 57
these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with 58
one of these offenses appears in court and is found guilty, the penalty imposed for the offense 59
may not exceed the fine amount for that offense listed. If an offense is not listed on this schedule 60
of fines, or if an offense is listed as requiring a mandatory court appearance, the defendant 61
must appear in court to answer to the charges. These fines prescribed in the fine schedule may 62
not be judicially reduced. 63
64
C. The borough or an aggrieved person may institute a civil action against a person, including a 65
minor as provided in this subsection, who violates any provision of this code. In addition to 66
injunctive and compensatory relief, the penalty listed in the schedule of fines adopted by the 67
borough assembly, and not to exceed $1,000, may be imposed for each violation. An action to 68
enjoin a violation may be brought notwithstanding the availability of any other remedy. On 69
application for injunctive relief and a finding of a violation or a threatened violation, the superior 70
court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a 71
separate violation. 72
73
D. The borough shall provide written notice to the commissioner of health and social services or 74
to the commissioner’s designee of the commencement of a civil enforcement action for the 75
violation of an ordinance under subsection C of this section against a minor. Unless the 76
commissioner and the borough have negotiated an agreement making other arrangements for 77
the borough to provide the notice required by this subsection, the borough shall provide the notice 78
by mailing a copy of the citation or other document setting out the notice of the commencement 79
of the civil enforcement action. 80
81
E. In this section, “minor” means a person under 18 years of age. 82
83
F. Unless an ordinance authorizes use of a hearing officer, the enforcement of a civil penalty 84
against a minor for violation of any provision of this code shall be heard in the district court in the 85
same manner as for similar allegations brought against an adult, except that the minor’s parent, 86
guardian, or legal custodian shall be present at all proceedings unless the court excuses the 87
parent, guardian, or legal custodian from attendance for good cause. 88
89
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 28 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 3 of 21
Insertion – Bold, Blue, Underlined Version 1
G. An action for a civil penalty filed against a minor under this section does not give rise to the 90
right to a trial by jury or to counsel appointed at public expense. 91
92
1.20.020 Scope of prohibitions. 93
When an ordinance of the borough prohibits an act or an omission, it shall be construed to prohibit 94
causing, aiding, abetting, or concealing the fact of the act or omission. 95
96
1.20.030 Code enforcement officer designation. 97
The manager may designate in writing as borough code enforcement officers those 98
persons authorized to enforce any part of this code. Any officer so designated to enforce 99
some or all provisions of the KIB Code shall be authorized to issue citations, or notices of 100
violation where permitted, for any violation of this code which the officer is authorized to 101
enforce in the manner provided by AS 12.25.180 through 12.25.230. Borough code 102
enforcement officers appointed under the authority of this section shall not have the 103
general authority of police officers. 104
105
1.20.040 Application of fine schedule. 106
A. For voluntary disposition after either arraignment or application for entry of a default 107
judgment, the alleged violator may submit the amount set forth in the fine schedule, along 108
with the required statutory police training surcharge, to the court. 109
110
B. In the event any penalties or fines are not paid within 30 days after the date they are due 111
pursuant to the court’s order, such penalties or fines shall be delinquent. 112
113
C. Notwithstanding other provisions of this section, delinquent penalties and fines may be 114
collected through any lawful means. The cost of collection of such accounts shall be added 115
to the amount owed. 116
117
1.20.050 Fine schedule. 118
Code Section Offense Penalty/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
subsequent offenses)
$100
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
subsequent offenses)
$83
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 29 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 4 of 21
Insertion – Bold, Blue, Underlined Version 1
Code Section Offense Penalty/Fine
KIBC 6.04.090 Tethering of Animals Prohibited (1st offense) $28
KIBC 6.04.090 Tethering of Animals Prohibited (2nd offense) $55
KIBC 6.04.090 Tethering of Animals Prohibited (3rd and
subsequent offenses)
$83
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(B)&(D) Control of Animals (2nd offense) $83
KIBC 6.04.100(B)&(D) Control of Animals (3rd and subsequent
offenses)
$110
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 subsequent
offenses)
$83
KIBC 6.04.120 Animal Identification (1st offense) $28
KIBC 6.04.120 Animal Identification (2nd offense) $55
KIBC 6.04.120 Animal Identification (3rd and subsequent
offenses)
$83
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
offenses)
$83
KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set-out (1st 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 (3rd offense) $500
KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set-out (4th and
subsequent offenses)
$1000
KIBC 10.10.010 Junk Vehicles (1st offense) $450
KIBC 10.10.010 Junk Vehicles (2nd 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
Commented [SE1]: KIBC 10.10.010 fines increased per
12.12.19 Work Session discussion.
Commented [SE2]: KIBC 10.20.010 converted to
graduated fine structure per 12.12.19 Work Session
discussion.
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 30 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 5 of 21
Insertion – Bold, Blue, Underlined Version 1
Code Section Offense Penalty/Fine
KIBC 10.20.010 Obstruction of Rights-of-Way (3rd and
subsequent offenses)
$200
KIBC 10.20.020 Obstruction of Service (1st offense) $50
KIBC 10.20.020 Obstruction of Service (2nd offense) $100
KIBC 10.20.020 Obstruction of Service (3rd and subsequent
offenses)
$200
119
The schedule of fines shall be reviewed annually by the borough assembly during the 120
development of the budget. The community development director shall review the fines 121
for consistency with the State of Alaska’s Rules of Minor Offense Procedure and present 122
the findings to the borough assembly for consideration during its review. 123
124
Section 3: Kodiak Island Borough Code section 6.04.270, Penalties and remedies, is 125
amended to read as follows: 126
127
6.04.270 Penalties and remedies. 128
A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 129
6.04 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 130
appearance, upon payment of the fine amounts established in a schedule of fines adopted by the 131
borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state 132
surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in 133
the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations 134
charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the 135
person may choose to appear in court and contest the citation. If a person charged with one of 136
these offenses appears in court and is found guilty, the penalty imposed for the offense may not 137
exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines, 138
the defendant must appear in court to answer to the charges. These fines may not be judicially 139
reduced. If a person is cited for an offense for which a scheduled fine has been established under 140
this chapter and fails to pay a fine or appear in court, the citation shall be considered a summons 141
for a misdemeanor. 142
143
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 144
bring a civil action to enjoin any violation of this chapter. An action for injunction under this section 145
may be brought notwithstanding the availability of any other remedy. Upon application for 146
injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin 147
the violation. 148
149
C. Each act or condition violating this chapter, and each day during which the act or condition 150
exists when the owner or keeper is known to be aware of the condition, shall be a separate and 151
distinct violation except in circumstances where the violation is acknowledged and actively being 152
corrected. 153
154
Commented [SE3]: KIBC 10.20.020 converted to
graduated fine structure per 12.12.19 Work Session
discussion.
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 31 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 6 of 21
Insertion – Bold, Blue, Underlined Version 1
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 155
penalty provided for in state law or any civil remedy available to the borough. 156
157
Section 4: Kodiak Island Borough Code section 8.20.030, Penalties and remedies, is 158
amended to read as follows: 159
160
8.20.030 Penalties and remedies. 161
A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 162
8.20 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 163
appearance, upon payment of the fine amounts established in a schedule of fines adopted by the 164
borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state 165
surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in 166
the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations 167
charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the 168
person may choose to appear in court and contest the citation. If a person charged with one of 169
these offenses appears in court and is found guilty, the penalty imposed for the offense may not 170
exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines, 171
the defendant must appear in court to answer to the charges. These fines may not be judicially 172
reduced. If a person is cited for an offense for which a scheduled fine has been established in the 173
schedule of fines and fails to pay a fine or appear in court, the citation shall be considered a 174
summons for a misdemeanor. In addition, the court may order the person to gather and dispose 175
of litter in an area and for a length of time to be determined by the court. 176
177
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 178
bring a civil action to enjoin any violation of this chapter or to obtain damages for any injury the 179
plaintiff suffered as a result of the violation. 180
181
C. Each act or condition violating this chapter and each day during which the act or condition 182
exists, continues or is repeated shall be a separate and distinct violation. 183
184
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 185
penalty provided for in state law or any civil remedy available to the borough. 186
187
Section 5: Kodiak Island Borough Code section 8.25.020, Definitions, is amended to read as 188
follows: 189
190
8.25.020 Definitions. 191
In this chapter, each of the following terms has the respective corresponding meaning: 192
193
“Bear cart” means a cart designed to be resistant to opening by bears. 194
195
“Bin” means a receptacle for storing solid waste that is picked up with front-end loading vehicles, 196
such as those having a three- to eight-yard capacity, sometimes referred to as a “dumpster.” 197
198
“Borough landfill” means the landfill owned by the borough. 199
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 32 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 7 of 21
Insertion – Bold, Blue, Underlined Version 1
200
“Bulky item(s)” means any large item of solid waste, as determined from time to time by the 201
manager which can be safely lifted by two individuals using a dolly, generated at residential 202
premises and discarded at residential set-out sites, such as the following: 203
1. Furniture, including metal desks and storage cabinets; 204
2. Pianos and organs; 205
3. Televisions; 206
4. Large appliances, including washers, driers, refrigerators, freezers, dishwashers and 207
stoves; 208
5. Toys, bikes, and dismantled swing sets; 209
6. Lawn mowers and snow blowers with no gas or oil in them, up to four auto or pickup 210
tires per customer each calendar month, with rims removed; and 211
7. Any item, other than lumber, that can be cut or broken down meeting the following 212
requirements: 213
a. Not longer than four feet in length; and 214
b. Weighing no more than 70 pounds. 215
216
“Bulky items” does not mean the following: 217
1. Material generated at nonresidential premises, including commercial business 218
operations; 219
2. Bundled yard waste, branches; 220
3. Sod, soil, and rock; 221
4. Broken concrete and asphalt; 222
5. Brick, block, and stone; 223
6. Railroad ties or similar type of retaining wall timbers; 224
7. Remodeling debris, including shingles; 225
8. Carpeting; 226
9. Sinks, concrete laundry tubs, and cast iron plumbing fixtures; 227
10. Windows and doors; 228
11. Lumber; 229
12. Animal waste, including all excrement from domestic animals and fowl, and all hay, 230
straw, or other materials that have been used for animals’ or fowls’ bedding; 231
13. Liquids, including paint; 232
14. Hazardous waste, including household hazardous waste; 233
15. Fuel oil tanks; and 234
16. Any automotive parts, including vehicle batteries and tires. 235
236
“C&D (Construction & Demolition) Debris” means any Solid Waste discarded in Dumpsters 237
or Roll-off Containers that the Contract hauler must collect under the On-Call Temporary 238
Dumpster and Roll-Off Collection Service section of the approved Collection contract, 239
such as the following: 240
1. Bundled yard waste, branches; 241
2. Sod, soil and rock; 242
3. Broke concrete and asphalt; 243
4. Brick, block, and stone; 244
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 33 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 8 of 21
Insertion – Bold, Blue, Underlined Version 1
5. Railroad ties or similar type of retaining wall timbers; 245
6. Remodeling debris; 246
7. Carpeting; 247
8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures; 248
9. Windows and doors; and 249
10. Lumber. 250
251
“Cart” means a wheeled receptacle for storing solid waste that can be emptied by either 252
semi- or fully-automated vehicles. 253
254
“Collection contract” means the contract described between the contract hauler and the 255
borough for collection of solid waste and transportation to the borough landfill. 256
257
“Collection service area” means all premises accessible via roads maintained by the state 258
of Alaska, the borough, the city of Kodiak, or the U.S. government, in and around Kodiak 259
City and within the boundaries of the borough, except for the USCG facilities and past 260
milepost one of Anton Larsen Road. 261
262
“Commercial” describes people, such as customers, places, such as premises, or things, 263
such as carts or types of solid waste, in the borough that are not residential or multifamily. 264
265
“Compactor” means a receptacle containing a ram that pushes and compresses waste 266
into a container or bale. 267
268
“Contract hauler” means the contractor under the municipal solid waste collection contract. 269
270
“Disposal” or “dispose” means the act or action of discarding solid waste. 271
272
“Hazardous or toxic waste” means any material that meets the definition of 40 C.F.R. 261 273
and AS 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or 274
pathological wastes, radioactive materials, explosive or highly flammable materials, oil 275
and petroleum products, and burning or smoldering materials. 276
277
“Household hazardous waste” means hazardous waste generated on residential premises. 278
279
“Manager” means the borough manager or designee. 280
281
“Multifamily” describes people, such as customers, places, such as premises, or things, 282
such as carts or types of solid waste, in the borough that are not residential premises. 283
284
“Multifamily premises” means premises that are not residential premises, and therefore 285
contains four or more dwelling units, including apartment complexes and trailer courts. 286
287
“Premises” means property having any habitable building, whether residential, 288
multifamily, or commercial. 289
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 34 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 9 of 21
Insertion – Bold, Blue, Underlined Version 1
290
“Recyclables” means materials which can be reprocessed, reconditioned, or adapted to 291
use again or for a new use or function. 292
293
“Residential premises” means a premises meeting both of the following conditions: 294
1. It contains one, two, or three dwelling unit(s); and 295
2. Each dwelling unit is occupied by related individuals, or by five or fewer unrelated 296
individuals. 297
298
“Roll-off” means an open-topped rectangular receptacle for storage, collection, and 299
transport of solid waste that is rolled on and off flatbed collection vehicles via winches or 300
reeving cylinders (hooks). 301
302
“Scavenging” means the controlled removal of waste materials for recycling or reuse. 303
304
“Sewage solids” means waste that passes the paint filter test, EPA Test Method 9095, 305
published in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 306
846, adopted by reference in 18 AAC 60.365, and has been removed from a wastewater 307
treatment system, sewer, septic tank, or other wastewater handling equipment; “sewage 308
solids” includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater 309
treatment sludge. 310
311
“Solid waste” means “municipal solid waste” as defined in AS 46.03.900. 312
313
“Solid waste collection” means the act of removing solid waste from the central storage 314
point of a primary generating source, such as a residence or business, to a place of solid 315
waste disposal. 316
317
“Solid waste disposal” means the orderly process of finally disposing of solid waste. 318
319
“Solid waste generator” means anyone who creates solid waste during everyday living 320
and working. 321
322
“Solid waste storage” means the interim containment of solid waste, in an approved 323
manner, after generation and prior to collection and disposal. 324
325
Section 6: Kodiak Island Borough Code section 8.25.070, Solid waste storage and set-out, is 326
amended to read as follows: 327
328
8.25.070 Solid waste storage and set-out. 329
A. Storage. Each solid waste generator is responsible for the placement of that person’s bin or 330
cart so that it will not easily be tipped, such as by an animal or the wind. Lids on the bins or carts 331
must be kept closed to keep out rain, snow, and animals. Surplus liquids must be drained from 332
solid waste and placed in watertight bags before discarding them in containers. 333
334
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 35 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 10 of 21
Insertion – Bold, Blue, Underlined Version 1
B. Set-Out. 335
1. Site. Anyone who receives solid waste collection service in cCarts or bins service must be 336
placed their container in the following locations by the contract hauler or solid waste collection 337
service recipient, or as instructed by the contract hauler: 338
339
a. Roadside; 340
b. In an adjacent alley; or 341
c. Within three feet of the roadway on which the contract hauler can drive its collection vehicles. 342
For example, if the serviced premises are adjacent to more than one street, alley, or roadway, the 343
contract hauler may instruct the customer to set out containers on only one specified street, alley, 344
or roadway. 345
346
The contract hauler may require alternative placement based on site-specific conditions. 347
348
2. Required Actions. Anyone who receives solid waste collection service, whether in a cart, bin, 349
or roll-off, must do the following: 350
351
a. Discard only securely bagged or bundled solid waste inside the cart, bin, or roll-off provided by 352
the contract hauler for that customer’s use; and 353
b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart, 354
bin, or roll-off. 355
356
The contract hauler is not required to clean up solid waste discarded, scattered, littered, or 357
otherwise strewn outside the cart, bin, or roll-off, except for solid waste that the contract hauler 358
spills during collection and transportation. 359
360
3. Prohibited Conduct. 361
a. Anyone who receives utilizes solid waste cart collection service, whether in a cart, bin or roll-362
off, must not do any of the following: discard dead animals in the cart. This discarding of any 363
solid waste outside the cart is also prohibited, including the following items: 364
365
a. Discard dead animals in the cart, bin, or roll-off; or 366
b. Discard any solid waste outside the cart, bin, or roll-off, including the following: 367
368
i. Litter; 369
ii. Bulky items, such as appliances, bed springs, mattresses, furniture as defined by KIBC 370
8.25.020; 371
iii. C&D Debris as defined by KIBC 8.25.020 Nonbulky items listed in the definition of “bulky 372
items” (such as construction/demolition waste, unless as allowed during temporary service as in 373
KIBC 8.25.060(B), tree limbs, lawn clippings, animal waste); and 374
iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 375
376
No one may discard any material in a roll-off except for the roll-off provided by the contract hauler 377
for that person’s solid waste collection service. 378
379
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 36 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 11 of 21
Insertion – Bold, Blue, Underlined Version 1
b. Anyone who utilizes solid waste bin or roll-off collection services must securely close 380
and lock the bin or roll-off door or cover and must not discard dead animals in the bin or 381
roll-off. The discarding of any solid waste outside the bin or roll-off is also prohibited, 382
including, but not limited to, the following items: 383
384
i. Litter: 385
ii. Bulky items as defined by KIBC 8.25.020; 386
iii. C&D Debris as defined by KIBC 8.25.020; and 387
iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 388
389
No one may discard any material in a roll-off except for the roll-off provided by the contract 390
hauler for that person’s solid waste collection service. 391
392
C. Clearance and Access. A cart customer must maintain a minimum of three feet of clearance 393
between each cart and any mailbox, vehicle, snow berm, or other object that would obstruct 394
collection, including the arm on an automated collection truck. A cart customer must maintain 395
clear access to the cart set-out site so that the collection vehicles can lift and empty carts, 396
including clearing away snow and other obstructions, such as parked vehicles. 397
398
D. Bin Sharing. Two or more bin customers must share bins, and the allocable service charges 399
for solid waste collection, if directed by the contract hauler when there is limited space for set-out 400
or collection of bins. 401
402
E. Safety. Each customer must maintain its set-out site so that it is safely accessible to contract 403
hauler’s vehicles and employees. If the contract hauler determines that the set-out site is not safe, 404
it is not obligated to provide collection service there. Contractor will coordinate safe set-out 405
location with customer for each occurrence. 406
407
Section 7: Kodiak Island Borough Code section 8.25.220, Administration, implementation and 408
enforcement, is amended to read as follows: 409
410
8.25.220 Administration, implementation, and enforcement. 411
The manager is authorized to administer, implement, and enforce this chapter and promulgate 412
related solid waste policy, unless this chapter expressly names another person. The manager 413
may request assistance from other persons or request that other persons administer, implement 414
and enforce all or a portion of this chapter. Examples of other persons are: 415
416
A. The director of finance or the auditor-controller, for example, with respect to collection of user 417
fees; 418
B. City of Kodiak police department; 419
C. Borough attorney; 420
D. Other borough departments; 421
E. District attorney; 422
F. Alaska State Department of Environmental Conservation; 423
G. Alaska Department of Fish and Game; 424
Commented [SE4]: Added per 12.12.19 Work Session
discussion (Pat Szabo’s comment).
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 37 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 12 of 21
Insertion – Bold, Blue, Underlined Version 1
H. Alaska State Troopers; and 425
I. An A Code enforcement officer designated under KIBC 1.20.030. 426
427
Section 8: Kodiak Island Borough Code section 8.25.230, Enforcement officer, is repealed. 428
429
8.25.230 Enforcement officer. 430
A. Authority. The enforcement officer has the authority to issue citations, summons, and 431
complaints, or notices of violation to anyone who violates this chapter. 432
B. Citation. A citation filed in the district court charging a violation under this chapter is deemed 433
as a lawful complaint for purposes of prosecution under this chapter. 434
435
Section 9: Kodiak Island Borough Code section 9.10.060, Penalty, is amended to read as 436
follows: 437
438
9.10.060 Penalty. 439
Penalties for violations of this chapter are as provided in Chapter 1.20 KIBC. In accordance with 440
AS 29.25.070(a), citations for the certain offenses violations of Chapter 9.10 KIBC may be 441
disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon 442
payment of the fine amounts established in a schedule of fines adopted by the borough assembly 443
by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 444
12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in the Alaska Rules of Court 445
apply to all offenses listed in the established schedule of fines. Citations charging these offenses 446
must meet the requirements of Minor Offense Rule 3. Alternatively, the person may choose to 447
appear in court and contest the citation. If a person charged with one of these offenses appears 448
in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount 449
for that offense listed. If an offense is not listed on this schedule of fines, the defendant must 450
appear in court to answer to the charges. These fines may not be judicially reduced. If a person 451
is cited for an offense for which a scheduled fine has been established in the schedule of fines 452
and fails to pay a fine or appear in court, the citation shall be considered a summons for a 453
misdemeanor. 454
455
Section 10: Kodiak Island Borough Code Chapter 9.20, Peace Officers, is amended to read as 456
follows: 457
458
Chapter 9.20 459
PEACE CODE ENFORCEMENT OFFICERS 460
461
Sections: 462
9.20.010 Authority. 463
9.20.020 Interference with a peace borough code enforcement officer. 464
9.20.030 Penalty. 465
466
9.20.010 Authority. 467
The manager may in writing designate one or more employees of the borough as peace code 468
enforcement officers per KIBC 1.20.030. with the authority to issue citations, conduct 469
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 38 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 13 of 21
Insertion – Bold, Blue, Underlined Version 1
investigations of violations of and enforce the Kodiak Island Borough Code, ordinances, and 470
regulations, and to take other action consistent with the exercise of these enumerated powers 471
when necessary to enforce the Kodiak Island Borough Code, ordinances and regulations and 472
maintain the public peace. 473
474
9.20.020 Interference with a peace borough code enforcement officer. 475
No person may interfere with a peace borough code enforcement officer while he is in the 476
performance of his the officer’s duties. A person who does any of the following is guilty of 477
interfering with a peace borough code enforcement officer: 478
479
A. By use or threat of force or violence, the person he prevents or attempts to prevent a peace 480
borough code enforcement officer from carrying out the officer’s his duties; 481
482
B. By use or threat of force or violence, the person he attempts to aid or aids a person in 483
preventing a borough code enforcement peace officer from carrying out the officer’s his duties; 484
or 485
486
C. With intent to delay or prevent a borough code enforcement peace officer from discharging 487
the officer’s lawful duties, the person he in any manner physically impedes or hinders the 488
borough code enforcement peace officer. 489
490
9.20.030 Penalty. 491
A person who interferes with, unlawfully assaults or threatens, or unlawfully strikes or wounds a 492
peace borough code enforcement officer in violation of KIBC 9.20.020 while he is performing 493
his duties is guilty of a violation misdemeanor, punishable by a fine of not more than $500.00 or 494
by imprisonment in jail for not more than 30 days, or by both, in addition to the surcharge required 495
to be imposed under AS 12.55.039. 496
497
Section 11: Kodiak Island Borough Code Title 10 Vehicles and Traffic, is amended to read as 498
follows: 499
500
TITLE 10 501
VEHICLES AND TRAFFIC 502
503
Chapters: 504
10.10 Junk or Abandoned Vehicles. 505
10.20 Stopping, Standing, and Parking. 506
507
10.10.005 Definitions. 508
For the purpose of this chapter the following definitions shall apply: 509
510
“Abandoned vehicle” means: any motorized or towed vehicle, wheeled or tracked, which has been 511
left unattended for a length of time which has resulted in the vehicle’s deterioration or destruction. 512
1. A registered vehicle that reasonably appears to have been left unattended, standing, 513
parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area 514
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 39 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 14 of 21
Insertion – Bold, Blue, Underlined Version 1
in excess of 48 hours, that reasonably appears to have been left standing or parked on 515
private property in excess of 24 hours or upon other public property for more than 30 days, 516
without the consent of the owner or person in charge of the property; or 517
2. A wrecked or junk vehicle that reasonably appears to have been left unattended, 518
standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular 519
way or area in excess of 24 hours, or a wrecked or junk vehicle that reasonably appears to 520
have been left standing or parked on private property or other public property in excess of 521
24 hours and without the consent of the owner or person in charge of the property. 522
523
“Junk” means any worn out, cast-off, or discarded article or material which is ready for destruction 524
or has been collected or stored for conversion or salvage to some other use. 525
526
“Junk vehicle” means a vehicle that: 527
1. Is not currently registered (except for a vehicle used exclusively for competitive racing); 528
2. Is stripped, wrecked, or otherwise inoperable due to mechanical failure; 529
3. Has not been repaired because of mechanical difficulties or because the cost of repairs 530
required to make it operable exceeds the fair market value of the vehicle; or 531
4. Is in a condition that exhibits more than one of the following elements: 532
a. Broken glass; 533
b. Missing wheels or tires; 534
c. Missing body panels or parts; or 535
d. Missing drive train parts. 536
537
“Wrecked vehicle” means a vehicle that is disabled and cannot be used as a vehicle 538
without substantial repair or reconstruction. 539
540
10.10.010 Junk or abandoned vehicles. 541
A. It is unlawful for a person to store or abandon junk or a vehicle on a street or highway within 542
the borough. 543
544
B. It is unlawful for a person to store or abandon junk or a vehicle on public property not set aside 545
by law as a refuse disposal site open for the disposal of junk or vehicles. 546
547
C. It is unlawful for a person, without the consent of the property owner or person in possession 548
or control of property, to store or abandon junk or a vehicle on said property unless such property 549
is licensed as a junkyard and is open for disposal, or unless all necessary fees for removal and 550
storage have been paid and all other requirements of disposal have been met. 551
… 552
553
10.10.080 Penalties and remedies. 554
A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 555
10.10 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 556
appearance, upon payment of the fine amounts established in a schedule of fines adopted by the 557
borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state 558
surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in 559
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 40 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 15 of 21
Insertion – Bold, Blue, Underlined Version 1
the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations 560
charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the 561
person may choose to appear in court and contest the citation. If a person charged with one of 562
these offenses appears in court and is found guilty, the penalty imposed for the offense may not 563
exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines, 564
the defendant must appear in court to answer to the charges. These fines may not be judicially 565
reduced. If a person is cited for an offense for which a scheduled fine has been established in the 566
schedule of fines and fails to pay a fine or appear in court, the citation shall be considered a 567
summons for a misdemeanor. 568
569
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 570
bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the 571
plaintiff suffered as a result of the violation. 572
573
C. Each act or condition violated in this chapter, and each day during which the act or condition 574
exists, continues or is repeated shall be a separate and distinct violation. 575
576
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 577
penalty provided for in state law or any civil remedy available to the borough. 578
579
CHAPTER 10.20 580
STOPPING, STANDING, AND PARKING 581
582
Sections: 583
10.20.010 Obstruction of rights-of-way. 584
10.20.020 Obstruction of service. 585
10.20.030 Penalties and remedies. 586
587
10.20.010 Obstruction of rights-of-way. 588
A. No person shall park a vehicle on any borough-owned street or improved right-of-way, 589
for a period of time longer than 24 hours. 590
591
B. No person shall park, or allow or cause to be parked, on any borough-owned street or 592
right-of-way, any disabled or inoperable motor vehicle for a period to exceed 24 hours. 593
594
C. No commercial or construction vehicles and/or equipment, registered per AS 595
28.10.421(c) or 28.10.421(h) or the equivalent, shall be parked overnight upon any borough-596
owned street or improved right-of-way unless otherwise legally parked in close proximity 597
to a construction site or other temporary commercial enterprise on which the equipment 598
is in current use and the daily removal to legal off-street parking would be unfeasible. 599
600
10.20.020 Obstruction of service. 601
A. Any person parking a vehicle on a borough-owned street or improved right-of-way shall 602
remove the subject vehicle within twelve hours of the issuance of a temporary parking 603
closure. Temporary parking closure notifications shall be provided by borough officials 604
Commented [SE5]: Reduced from 48 hours per 12.12.19
Work Session discussion.
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 41 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 16 of 21
Insertion – Bold, Blue, Underlined Version 1
or service district representatives via public radio and temporary signage placed in the 605
vicinity of the closure. 606
607
B. During declared natural disasters or extreme weather events where immediate action 608
by the borough or service district is required in order to maintain operability of the street 609
or improved right-of-way, borough officials and service district representatives may have 610
vehicles removed from the right-of-way without notification to the vehicle’s owner prior to 611
removal. 612
613
10.20.030 Penalties and remedies. 614
A. In accordance with AS 29.25.070(a), citations for the violation of Chapter 10.20 KIBC 615
may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 616
appearance, upon payment of the fine amounts established in a schedule of fines adopted 617
by the borough assembly by ordinance pursuant to Chapter 1.20 KIBC, plus the state 618
surcharge required by AS 12.55.039 and 29.25.074. 619
620
B. Penalties incurred and/or remedies sought for violations of this chapter are the 621
responsibility of the registered owner of the vehicle, any person who has acquired legal 622
title to the vehicle from or through the registered owner, or any person who has violated 623
KIBC 10.20.010 or 10.20.020. 624
625
C. Notwithstanding the availability of any other remedy, the borough or any aggrieved 626
person may bring a civil action to enjoin any violation of this chapter, or to obtain damages 627
for any injury the plaintiff suffered as a result of the violation, including, but not limited to, 628
the recovery of costs associated with towing and impoundment. 629
630
D. Each act or condition violated in this chapter, and each day during which the act or 631
condition exists, continues or is repeated shall be a separate and distinct violation. 632
633
E. The penalties provided for violation of this chapter are in addition to and not in lieu of 634
any other penalty provided for in state law or any civil remedy available to the borough. 635
636
Section 12: Kodiak Island Borough Code section 13.20.020, Administration enforcement 637
action, is amended to read as follows: 638
639
13.20.020 Administration enforcement action. 640
A. In any situation in which the borough engineer, or his authorized representative, has reason to 641
believe that the public health, safety or welfare requires corrective action, he may: 642
643
1. Exercise the right to entry for investigative purposes at all reasonable times and upon 644
presentation of proper credentials. If such entry is refused, the borough engineer, or 645
authorized representative, shall have recourse to every remedy provided by law to secure 646
entry; 647
648
Commented [SE6]: Removed “/or” per 12.12.19 Work
Session discussion.
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 42 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 17 of 21
Insertion – Bold, Blue, Underlined Version 1
2. Order any work being done contrary to the provisions of this title to be stopped by serving 649
notice on any persons engaged in doing or causing the work to be done, and any such 650
persons shall forthwith stop such work until authorized in writing to proceed. If the order is 651
issued verbally, a written order shall be issued prior to the conclusion of the next regular 652
workday stating the nature of the work to be stopped; and 653
654
3. Order the abatement of any condition affecting the public health, safety, and welfare. If the 655
order is given verbally, a written order shall be issued prior to the conclusion of the next 656
regular workday setting forth the nature of the abatement action and the time allowed for 657
compliance. 658
659
B. Upon complaint by a citizen, or upon his own initiative, the borough engineer may, after 660
investigation, initiate criminal proceedings against any person for the violation of this title. Except 661
for prosecution for failing to comply with an order issued under subsection A of this section, the 662
borough engineer shall give at least 10 days’ written notice of intent to prosecute and may initiate 663
criminal proceedings only if the violation is not cured, and if the person who is the subject of the 664
notice fails to seek appropriate administration relief within the notice period. 665
666
Section 13: Kodiak Island Borough Code section 13.20.050, Penalties and remedies, is 667
amended to read as follows: 668
669
13.20.050 Penalties and remedies. 670
A. A person who violates any provision of this title, or any order issued under KIBC 13.20.020(A), 671
is guilty of a violation misdemeanor and, upon conviction, is punishable by a fine of not more 672
than $500.00 for each day of violation, in addition to the surcharge required to be imposed under 673
AS 12.55.039. 674
675
B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 676
title, or the violation of any order issued under KIBC 13.20.020(A), and to obtain damages for any 677
injury the plaintiff suffered as the result of the violation. An action for injunction under this section 678
may be brought notwithstanding the availability of any other remedy. Upon application for 679
injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin 680
the violation. 681
682
Section 14: Kodiak Island Borough Code section 15.50.030, Penalties and remedies, is 683
amended to read as follows: 684
685
15.50.030 Penalties and remedies. 686
A. A person who violates any provision of this title or any order issued under KIBC 15.50.010 is 687
guilty of a violation misdemeanor and upon conviction is punishable by a fine of not more than 688
$300.00, in addition to the surcharge required to be imposed under AS 12.55.039. Each day of 689
violation constitutes a separate offense. 690
691
B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 692
title, or any order issued under KIBC 15.50.010, and to obtain damages for any injury the plaintiff 693
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 43 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 18 of 21
Insertion – Bold, Blue, Underlined Version 1
suffered as a result of the violation. An action for injunction under this section may be brought 694
notwithstanding the availability of any other remedy. Upon application for injunctive relief and the 695
finding of an existing or threatened violation, the superior court shall enjoin the violation. 696
697
C. Each act or condition violating this title or any order issued under KIBC 15.50.010, and each 698
day during which the act or condition exists, continues, or is repeated shall be a separate and 699
distinct violation. 700
701
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 702
penalty provided for in state law or any civil remedy available to the borough. 703
704
Section 15: Kodiak Island Borough Code section 16.10.030, Scope and jurisdiction, is 705
amended to read as follows: 706
707
16.10.030 Scope and jurisdiction. 708
A. This title governs the subdivision of all land within the borough. No subdivision plat requiring 709
borough approval shall be recorded unless approved by the borough or a standard subdivision 710
agreement has been executed with the borough. 711
712
B. These subdivision regulations do not apply to any lot or subdivision legally created and filed 713
for record prior to the effective date of these regulations, nor to subdivisions given preliminary or 714
final approval by the commission under the previously existing title, except in the instance of 715
further subdivision of existing lots or tracts. 716
717
C. The owner or agent of the owner of land located within a subdivision who transfers, sells, or 718
enters into a contract to sell land in a subdivision before a plat of the subdivision has been 719
approved and recorded is guilty of a violation misdemeanor and upon conviction is punishable 720
by a fine of not more than $300.00 for each lot or parcel transferred, sold, or included in a contract 721
to be sold. The borough may enjoin such a transfer, sale, or contract to sell and may recover the 722
penalty by appropriate legal action. 723
724
D. No agency of the state or local government may acquire property through the process of 725
eminent domain which results in a boundary change unless the agency or local government first 726
obtains from the commission preliminary approval of the replat showing clearly the location of the 727
proposed public streets, easements, rights-of-way, and other taking of private property. 728
Final approval of the replat shall be obtained within six months of the acquisition. The commission 729
shall treat applications for replat made by state or local governmental agencies in the same 730
manner as replat petitions originated by private land owners. 731
732
E. No person may file a plat or seek to have a plat filed unless it bears the approval of the borough. 733
A person who knowingly violates this requirement is punishable upon conviction by a fine of not 734
more than $300.00. 735
736
F. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title, 737
any transfer or sale of an unlawfully subdivided parcel, the violation of any term or condition of 738
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 44 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 19 of 21
Insertion – Bold, Blue, Underlined Version 1
any plat or other entitlement approved under this title, and to obtain damages for any injury the 739
plaintiff suffered as a result of the violation. An action for injunction under this section may be 740
brought notwithstanding the availability of any other remedy. Upon application for injunctive relief 741
and a finding of an existing or threatened violation, the superior court shall enjoin the violation. 742
743
Section 16: Kodiak Island Borough Code Chapter 17.210, Enforcement, Penalties and 744
Remedies, is amended to read as follows: 745
746
Chapter 17.210 747
ENFORCEMENT, PENALTIES AND REMEDIES 748
749
Sections: 750
17.210.010 Administrative enforcement action. 751
17.210.020 Administrative inspections. 752
17.210.030 Penalties and remedies. 753
17.210.040 Responsibility for violations. 754
755
17.210.010 Administrative enforcement action. 756
A. The zoning officer manager or designee may order: 757
758
1. The discontinuation of unlawful uses of land or structures; 759
2. The removal or abatement of unlawful structures, or any unlawful additions or alterations 760
thereto; 761
3. The discontinuation of construction or other preparatory activity leading to an unlawful 762
structure or an unlawful use of a land or structure; 763
4. When necessary to ensure compliance with this title, the suspension or revocation of 764
building permits, variances, or other borough land use entitlements. 765
766
B. Upon complaint by a citizen, or upon his their own initiative, the any borough code 767
enforcement officer authorized to enforce this title zoning officer may, after investigation, 768
initiate criminal proceedings against any person for the violation of this title. Except for 769
prosecutions for failing to comply with an order issued under subsection A of this section or where 770
the protection of public health and safety require immediate action, the borough code 771
enforcement officer zoning officer shall give at least 10 days’ written notice of intent to prosecute, 772
and may initiate criminal proceedings only if the violation is not cured within the notice period. 773
774
17.210.020 Administrative inspections. 775
In accordance with this section, the a borough code enforcement officer authorized to enforce 776
this title zoning officer may make inspections necessary to enforce the provisions of this title. 777
When the borough code enforcement officer zoning officer has reasonable cause to believe 778
that in any building or on any premises there exists any violation of this title, he the officer may 779
enter such building or premises at any reasonable time to inspect the same or perform any of his 780
the officer’s duties under this title; provided, that where the Constitution of the United States or 781
the state of Alaska requires that the borough code enforcement officer zoning officer obtain a 782
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 45 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 20 of 21
Insertion – Bold, Blue, Underlined Version 1
search warrant before making an inspection, he the officer shall not make the inspection until 783
authorized to do so by a search warrant issued by a court of competent jurisdiction. 784
785
17.210.030 Penalties and remedies. 786
A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or 787
any term or condition of a conditional use, variance or other entitlement issued under this title, is 788
guilty of a violation misdemeanor and upon conviction is punishable by a fine of not more than 789
$300.00, in addition to the surcharge required to be imposed under AS 12.55.039. 790
791
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 792
bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A), 793
or any term or condition of a conditional use, variance or other entitlement issued under this 794
chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An 795
action for injunction under this section may be brought notwithstanding the availability of any other 796
remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, 797
the superior court shall enjoin the violation. 798
799
C. Each act or condition violating this title, any order issued under KIBC 17.210.010(A), or any 800
term or condition of a conditional use, variance, or other entitlement issued under this title, and 801
each day during which the act or condition exists, continues or is repeated shall be a separate 802
and distinct violation. 803
804
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 805
penalty provided for in state law or any civil remedy available to the borough. 806
807
17.210.040 Responsibility for violations. 808
The record owner, and any person in possession or control of property maintained in 809
violation of this title is responsible for the violation and is subject to prosecution in 810
accordance with Chapter 1.20 KIBC and this Chapter 17.210. 811
812
Section 17: Kodiak Island Borough Code section 18.35.050, Penalties and remedies, is 813
amended to read as follows: 814
815
18.35.050 Penalties and remedies. 816
A. A person who violates the provisions of this chapter is guilty of a violation misdemeanor and 817
upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge 818
required to be imposed under AS 12.55.039. 819
820
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 821
bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the 822
plaintiff suffered as a result of the violation. 823
824
C. Each act or condition violating this chapter, and each day during which the act or condition 825
exists, continues or is repeated, shall be a separate and distinct violation. 826
827
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 46 of 47
Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 21 of 21
Insertion – Bold, Blue, Underlined Version 1
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 828
penalty provided for in state law or any civil remedy available to the borough. 829
830
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 831
ordinance takes effect upon adoption or at a later date specified in the ordinance.) 832
833
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 834
THIS __________ DAY OF _______________, 2020. 835
836
KODIAK ISLAND BOROUGH ATTEST: 837
838
839
___________________________ ___________________________ 840
Bill Roberts, Mayor Tara Welinsky, Clerk 841
842
VOTES: 843
Ayes: 844
Noes: 845
AGENDA ITEM #2.b.
UMOT - Continued Discussion
Page 47 of 47
KODIAK ISLAND BOROUGH
0Meeting Type- / Date: q "', l
do -o
Please PRINT your name legibly Please PRINT your name legibly
f �
KODIAK ISLAND
BOROUGH
COMMUNITY DEVELOPMENT
DATE: December 23, 2019
TO: Michael Powers
FROM: Erin Welty, CDD Director
SUBJECT: Enforcement Complaints not covered under proposed UMOT
Per your request, the following is a summary of the enforcement complaints the
Community Development Department receives that are not addressed with the finalized
UMOT table. All these infractions are addressed in our code though and could be finable
offenses if added to the UMOT table. Please note, all examples are of actual complaints
we have received in the last two months. The number in (red) is the number of
complaints received in the last two months.
• Illegal structure — a structure that has been built or modified without zoning
and/or building permits. (Throughout Title 17).
o Unpermitted accessory dwelling unit (17.160.070) (4)
o Illegal triplex in R2 — two family residence zone (17.80) (1)
o Multiple illegal room rentals in an R1 — single family residence zone
(17.75) (2)
• Illegal use of a structure — using a structure in a way that is not permitted by
zoning code.
o The operation of an illegal auto repair garage in a single-family
residential district (17.75) (1)
• Building in a setback — when a principal or accessory building is built within
the front, side or rear setback without a variance or without meeting KIBC
17.150 — Projections into Required Yards.
o A shed that is built right against the fence and (presumably) the lot
line, within the 5 -foot side yard setback (17.75.050) (2)
• Illegal dumping on KIB property — no litter fine (8.20.010) (4)
• Illegal camping on KIB property — no trespass fine (18.35) (2)
• Individuals living in RV for >90 days (17.165.050) (2)
• Operating a home occupation beyond the scope allowed for home occupations
(17.25.020) (2)
• Outdoor storage on a vacant lot in an R2 zone (17.80.020) (1)
• Accumulation of junk and/or junk vehicles on private property (17.25.110) (5)
Abandonment of junk vehicle on private property (10.10.010) (6+ this was
throughout the summer)
This are the primary violations we've had calls on recently. Another big one that is not
enforceable right now, and possibly needs its own code section, is public nuisance. That
type of code could address the numerous calls we get about individuals living in
hazardous structures, structures not designed for habitation, buildings that should be
condemned, building maintenance, noxious fumes, unreasonable noises, etc.
Regarding Title 17, there is little of that title that has not had an enforcement complaint at
one point or another. It is the code that regulates private property uses and therefore the
code section people turn to when their neighbors are doing something undesirable on
their property. Investigation of these complaints takes time.
WORK SESSION
DATE
SCOTT ARN DT ATTENDED ABSENT
DUANE DVORAK ATTENDED ABSENT
---m----
JULIE KAVANAUGH ATTENDED ABSENT
ANDY SCHROEDER ATTENDED ABSENT
REBECCA SKINNER ATTENDED ABSENT
DENNIS SYMMONS ATTENDED ABSENT
JAMES TURNER ATTENDED ABSENT
MAYOR ROBERTS ATTENDED ABSENT
1
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
45
46
Introduced by: Assembly Member Kavanaugh
Version 3 Drafted by: Assembly Member Kavanaugh
Introduced on: 12/19/2019
Public Hearing Date:
Adopted on:
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2020-12
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND
PERSONNEL, CHAPTER 2.25 BOROUGH ASSEMBLYAND CHAPTER 2.30 RULES OF
THEASSEMBLYTO CHANGE DECLARING AND FILLING VACANCIES AND ABSENCES.
WHEREAS, having a full assembly in attendance allows for better debate and better
representation of various community perspectives; and
WHEREAS, the assembly recognizes the time commitment required to serve on the assembly
and the need to balance public office, work and family; and
WHEREAS, KIBC 2.30.020 allows a member of the assembly to absent himself from any regular
or special meeting of the assembly only for good cause; and
WHEREAS, KIBC does not address what constitutes "good cause" in 2.30.020; and
WHEREAS, KIBC 2.25.060 provides that "If a member of the governing body misses one-half of
the meetings held in any year of his or her term of office, each year between November 1 st and
October 31st, the seat shall be automatically vacated"; and
WHEREAS, KIBC does not clearly define "meeting" in 2.25.060; and
WHEREAS, vacating an assembly seat of a duly elected official is a significant action; and
WHEREAS, the assembly desires to clarify code provisions related to assembly member
absences, while recognizing the value of providing flexibility and encouraging a diverse
assembly.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That Chapter 2.25 Borough Assembly and Chapter 2.30 Rules of the Assembly of the
Kodiak Island Borough Code of Ordinances is amended to read as follows:
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2020-12
Page 1 of 3
Version 3
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
90
91
2.25.060 Declaring and filling vacancies.
A. The assembly shall declare an assembly member's seat vacant when the assembly member:
T itia}3ffr G #lac r eYerH1Rr: eI4f �meeet4wj" d is ool
e xr. d-
B. If a member of the governing body misses four consecutive] held re ular meetings
and is not excused then the assembly may declare the seat vacant.
113- C. 1f a member of the governing body misses one-half of the regular meetings and work
sessions held in any year of his or her term of office, each year between November 1st and
October 31st, the seat shall be automatically vacated.
k. If less than 90 days remain in a term, the vacant seat shall not be filled. if a seat is declared
vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public
notice of the vacancy and, for 14 days after the first publication thereof, receive applications from
persons interested in being appointed to the vacant seat. The assembly shall review the
applications and may interview applicants. Not later than 30 days after the seat is declared vacant,
the assembly shall appoint from among the applicants a qualified person to fill the vacant seat.
0- E. In appointing a person from among the applicants, the assembly shall utilize the voting
procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer.
F, F. Notwithstanding subsection C of this section, if the membership of the assembly is reduced
to fewer than four assembly members, then the remaining assembly members shall appoint as
many qualified persons to the assembly as is necessary to once again constitute a quorum. The
assembly shall utilize any procedure which is reasonable under the circumstances in making the
appointments required by this subsection and shall make said appointments not later than seven
days after the quorum was reduced to less than four assembly members.
F44. Persons appointed to fill a vacancy shall serve until the next regular election, at which time
a successor shall be elected to fulfill the remainder of the unexpired term of office. [Ord. FY2008-
12 §2, 2008; Ord. FY2005-07 §4, 2004; Ord. 98-02 §4, 1998; Ord. 90-18 §2, 1990; Ord. 79-11-
0, 1979; Ord. 74-6-0 §5, 1974; prior code Ch. 2 subch. 2 §5. Formerly §2.16.060].
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
ordinance takes effect upon adoption or at a later date specified in the ordinance.)
2.25.070 Absences.
A. Absences. No member of the assembly may absent himself from any regular or special
meeting of the assembly except for good cause. An assembly member who is unable to attend a
meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that
absence. During the course of the meeting from which the member is absent, the chair shall cause
the record to reflect the absence of the member, the reason for the absence, and whether the
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bald, Blue, Underlined
Ordinance No. FY2020-12
Page 2 of 3
Version 3
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
absence is excused by the assembly. [Ord. 98-02 §4, 1998; Ord. 79-11-0, 1979; Ord. 74-6-0 §6,
1974; prior code Ch. 2 subch. 2 §6. Formerly §2.16.070).
B. Good Cause. If a member of the assembly is absent for any of the following reasons
their absence shall be considered for good cause and they shall be excused:
1. Travel for Borough business;,
2. A voluntary submission of the circumstances for a member absence maybe considered
by the Assembly in determining good cause. These submissions are not debatable.
Effective Date: This ordinance takes effect upon adoption. (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 DAY OF , 2020.
KODIAK ISLAND BOROUGH
William Roberts, Mayor
VOTES:
Ayes:
Noes:
ATTEST:
Tara Welinsky, Clerk
Kodiak Island Borough, Alaska Ordinance No. FY2020-12
Deletion — Red, Strikeout Page 3 of 3
Insertion — Bald, Blue, Underlined Version 3