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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