2020-01-30 Work Session
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www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough
Kodiak Island Borough
Assembly Work Session
Thursday, January 30, 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 - 11
a.
Roll Cart Example And Demonstration
Bear Lid Label
Bear Resistant Roll Cart
12 - 64
b.
City of Kodiak Annexation Discussion Overview
CoK Annexation Overview - Pdf
65 - 69
c.
Consolidation Committee Update
Consolidation Committee Recommendations - Pdf
70 - 109
d.
UMOT - Continued Discussion
Ordinance FY2020-09 Version 1
Ordinance FY2020-09 Version 1 No Edit Indicators
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
Proclamations - Teen Dating Violence
Comprehensive Annual Financial Report (CAFR)/Audit Presentation -
Page 1 of 109
Visit our website at
www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough
Grant Todd, CPA, Altman, Rogers & Co, Borough Auditors
PUBLIC HEARING
Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01,
Fiscal Year 2020 Budget, By Amending Budgets To Account For The
Governor's 50% Funding Cut to the State Aid For Costs of School
Construction Debt Program.
UNFINISHED BUSINESS
Ordinance FY2020-15 Amending Title 3 Revenue And Finance Chapter
3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund
NEW BUSINESS
CONTRACTS
RESOLUTIONS
*Resolution No. FY2020-19 Safeguarding Alaska's Oil Spill Prevention
And Response Standards
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.
OTHER ITEMS
*Letter of Support Prince William Sound Regional Citizens' Advisory
Council (PWSRCAC)
* Appointment To The Providence Kodiak Island Medical Center
Community Advisory Board (Ms. Juergens and Mr. Turner)
*Confirmation of Mayoral Appointment To The Board Of Equalization
(Mr. Shields).
*Confirmation of Mayoral Appointment To The Park and Recreation
Committee (Mr. Hersh).
EXECUTIVE SESSION
6. ASSEMBLY MEMBERS COMMENTS
7. MAYOR’S COMMENTS
Page 2 of 109
jRIRELYONREHRIGHOWTOUNLOCKIGBCCertificationNumber5151DONOTPLACEINcART:Do,,ANYTHINGHoT—FIRE,BARBECUEASHES,c|_o5ELIDBEFOREMOVINGJMTQ«II"1"g,_‘{(I-h°’”If,§,{?gLIQUIDS,FLAMMABLELIQUIDS,RINSEQCCASIQNALLYCHEMICALS,TOXICS,HAZARDOUSMATERIALS,“"”"',,§TE,§‘,fT"f,':5‘},°,,T,',‘;’°°”SAND,SOILANDOTHERHEAVYMATERIALSDoNOT95BEARcARTLIDTHISREHRIGCONTAINERIsp._AyINORAROUND__DESIGNEDTOCONTAINHOUSEHOLDWASTEANDSIMILARREFUSEPRODUCTSOVERLOADVI5'onPLACECONTAINERWITHARROWSFACINGTHESTREETFORCOLLECTIONTOMOVECARTK1)GRASPHANDLE2)TILT3)PUSHORPULL/AGENDA ITEM #2.a.
Roll Cart Example And Demonstration
Page 3 of 109
Bear Resistant
Roll-Out Cart
Contract Start -July 1, 2020 AGENDA ITEM #2.a.Roll Cart Example And DemonstrationPage 4 of 109
Bear Proof Lids on Current
Containers –Small Dumpsters:
Contractor has been continually upgrading these lids since
the signing of the agreement.
There were a total of 24 number of containers needing lid
enhancement, contractor has completed 19 so far.
Contractor is on target to have all of these completed by
March 1st, 2020.AGENDA ITEM #2.a.Roll Cart Example And DemonstrationPage 5 of 109
Garbage Drop Boxes (Roll Offs) for
Designated Bear Areas:
There are approximately 200 homes that will transition
from curbside roll-cart service to garbage drop box
service, as part of the contract agreement.
Production for the garbage drop boxes will soon begin.
Targeting completion of the transition of roll carts on or
about June 1st, 30 days prior to contract start.
Transition of these customers is anticipated to be around
June 1st, 2020, 30 days prior to the agreement date.AGENDA ITEM #2.a.Roll Cart Example And DemonstrationPage 6 of 109
New Trucks:
Contractor has agreed to deploy trucks that are much
newer.
The trucks are currently in production.
Trucks are tentatively scheduled to arrive in May.
Several will be running prior to the July 1st deadline.AGENDA ITEM #2.a.Roll Cart Example And DemonstrationPage 7 of 109
Bear Resistant Roll-Carts:
The contractor’s proposal was to offer bear resistant roll-
carts at no additional charge.
The roll-carts will soon be in production.
With production time and transportation time, anticipated
receipt of the roll-carts is late April 2020.
The goal is to deploy the new roll-carts soon after arrival.
The contractor doesn’t produce these carts, the
contractor and the Kodiak Island Borough have no ability
to speed the process.AGENDA ITEM #2.a.Roll Cart Example And DemonstrationPage 8 of 109
Community Outreach
Contractor plans to invest in large amounts of community
outreach & advertising during the transition time.
Contractor will attempt to minimize any confusion that
may arise during the transition:
Who/Where: which customers or areas should expect the changes.
What: New roll-carts or garbage drop boxes.
When: Dates to expect changes to take effect.
Why: Assure that the community knows why they received the new
cart.AGENDA ITEM #2.a.Roll Cart Example And DemonstrationPage 9 of 109
Sticker
that will be
on the lid
of each
roll-cart. AGENDA ITEM #2.a.Roll Cart Example And DemonstrationPage 10 of 109
Video that was taken at the Wyoming testing facility where these carts were IGBC Certified AGENDA ITEM #2.a.Roll Cart Example And DemonstrationPage 11 of 109
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 30, 2020
ASSEMBLY WORK SESSION
Kodiak Island Borough
SUBJECT: City of Kodiak Annexation Discussion Overview
ORIGINATOR: Meagan Christiansen
RECOMMENDATION:
DISCUSSION:
The Assembly requested that staff research recent City Council discussions of annexation.
The attached information summarizes and shares the information documented in City Council
discussions during the past three years.
ALTERNATIVES:
n/a
FISCAL IMPACT:
not known at this time
OTHER INFORMATION:
n/a
AGENDA ITEM #2.b.
City of Kodiak Annexation Discussion Overview
Page 12 of 109
*Audio not available means that it was not available via the City of Kodiak website; it was not requested via the City Clerk’s
office.
City of Kodiak Annexation
Definition: Annexation is expanding the city boundaries and extending city services to
properties within the expanded boundaries.
Recent City Council Discussions:
09/06/2016 Discussion about Annexation. Audio not available*, no documentation in packet.
01/14/2017 Review Historical Annexation Documents. Audio not available; packet included historical
timeline of annexation related issues.
09/12/2017 Budget/Annexation Discussion. Audio not available; Packet included introduction of Annexation
South and Annexation North proposals.
Of note is that the calculation of potential city revenue from Annexation North is incorrect
(high), however this info is preliminary and will be fleshed out further in the process.
11/07/2017 Annexation Update. Audio not available; packet included information about EMS, Police, Public
Works related to potential annexation of current (Road) Service Area No. 1.
03/20/2018 Annexation Update. Discussion regarding Annexation South, specific to Natives of Kodiak. NoK
has no opposition to annexation and has requested waterline extension to their property, at
NoK expense. City Manager acknowledges that annexation would require extended police and
fire protection, and there would also be expense related to water provision should the waterline
extension project see completion.
Further discussion about possible sewer service, and extension of base services.
04/10/2018 Natives of Kodiak presentation about water line extension plus request for temporary property
tax waiver should annexation occur; followed by council discussion
08/07/2018 Natives of Kodiak Waterline Extension update; discussion of water line, but not as it relates to
annexation; need for MOA, cost of operating, signature of state permit.
09/24/2019 Annexation update. Packet included the State of Alaska Local Boundary Commission guide for
annexation in Alaska, which can be found at
https://www.commerce.alaska.gov/web/Portals/4/pub/LBC/12_6_17%20City%20Annexation%2
0Information%20Packet%20final.pdf?ver=2018-01-11-135539-963
Discussion included review of Annexation South and Annexation North proposals, expansion of
services; desire for a public and transparent process; need for timeframe, public education and
feedback, financial analysis
10/08/2019 Annexation update. Packet included a draft White Paper with potential Frequently Asked
Questions.
Discussion: what is the purpose of annexation? Do we require immediate fiscal cost
effectiveness? What will expansion of services look like?
AGENDA ITEM #2.b.
City of Kodiak Annexation Discussion Overview
Page 13 of 109
General discussion about purpose: Natural response to growth, City already provides water and
sewer to the proposed north annexation and maintains a mutual aid agreement with Fire
Protection Area No. 1 (Bayside Fire Station) to provide ambulance service and additional fire
response as needed; annexation would enfranchise voters near the existing boundaries who
already receive the benefit of these services but cannot vote on City issues. Outreach is needed!
10/22/2019 Annexation update. Packet included an updated draft white paper on annexation, with
frequently asked questions and answers.
Increasing demand and need for public services; City would strive to provide the same level of
service to the newly annexed area; repeated need for developing cost information, public
information and education; new boundary definition, discussions with Borough Service Area
boards regarding road and fire service. Acknowledgement that cost will probably be higher than
increased revenue but there will be a quality of life benefit not measurable in those numbers.
1/25/2020 Planning Work Session Annexation and Consolidation Update.
The packet included a Local Boundary Commission document titled ‘Planning and Preparing
Proposals for Annexation to Cities’ and a copy of the blank petition form.
Staff updated the council with a review of the current status of the project and presented the
information about next steps. The white paper has been expanded (but not yet shared with
council) to focus on why annexation is necessary, regulations and justification; next steps are an
economic feasibility analysis and public outreach.
Staff have been reviewing other community petitions for annexation, specifically cities of Palmer
and Soldotna which have submitted petitions relatively recently.
Staff pointed out key pieces of the petition as being the Reasons for Annexation, Transition Plan
and Supporting Brief. Staff is recommending third party assistance with the economic analysis.
Timeline is not known at this time.
The City Council Manager requested a resolution for staff to move forward with the steps
required for annexation.
According to the Local Boundary Commission there are various means of accomplishing annexation. Discussion
of the City Council seem to lean toward the following:
Annexation South may be best accomplished by Annexation upon Unanimous Consent of Owners and Voters,
which may occur upon adoption of an ordinance and submission of a petition, since there are only a few
property owners in the proposed area of annexation.
Annexation North would be best served by Annexation by Vote. Should a petition for annexation be approved
by the Local Boundary Commission, then the question is placed on the ballot. A majority of voters in the
territory proposed for annexation and a majority of voters in the annexing city must approve the ballot measure
for it to pass.
AGENDA ITEM #2.b.
City of Kodiak Annexation Discussion Overview
Page 14 of 109
City of Kodiak Annexation Timeline
1950s
Ordinance No. 204; An ordinance providing for the fixing of time for the area known as the
Mission Road Area to become part of the City of Kodiak. Ordinance No. 204 approved March 12,
1956.
1960s
Ordinance No. 282; Untitled. Re: Air Park Subdivision No. One. Ordinance No. 282 effective
January 1, 1966.
Ordinance No. 290; Untitled. Re: Portion of U.S. Survey No. 1396. Ordinance No. 290 effective
August 27, 1966.
Ordinance No. 307; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Re: Beginning at Corner 7 of Extension of USS No.
2538B identical with Corner 4 of USS No. 1396. Ordinance No. 307 effective October 18, 1967.
Ordinance No. 311; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Re: Lots Twenty-eight (28), Twenty-nine A (29-A) and
Twenty-nine B (29-B) of U.S. Survey No. 3098. Ordinance No. 311 effective December 9, 1967.
Ordinance No. 313; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Re: Tracts R, Q, A and B1 of U.S. Survey No. 3218 and
units one (1) through four (4) of the Kadiak Alaska subdivision lying and being within U.S. Survey
No. 3469. Ordinance No. 313 passed February 11, 1968.
Ordinance No. 319; An ordinance calling for an annexation election and setting a date therefor.
Ordinance No. 325; An ordinance amending Ordinance No. 319 by changing the date of the date
of the special election called therein. Ordinance No. 325 passed August 25, 1968.
1970s
Ordinance No. 339; Untitled. Re: Tract B-2 and Tract C, U.S. Survey No. 3218. Ordinance No. 339
effective January 29, 1970.
Ordinance No. 361; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Re: Tracts D, E, G, H, all situate within U.S. Survey No.
3218. Ordinance No. 361 effective October 9, 1971.
Ordinance No. 384; An ordinance of the City of Kodiak annexing adjoining contiguous property
owned by the city into the City of Kodiak and setting and effective date. Re: Beginning at M.C. 6,
U.S. Survey No. 2873, identical with M.C. 1, U.S. Survey No. 3066. Ordinance No. 384 effective
August 30, 1973.
Ordinance No. 401; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Re: Lots Twenty-six (26) A, Twenty-six (26) B, Twenty-
six C, and Twenty-six (26) D, of the subdivision of Lot Twenty-six of the Mill Bay Road group of
the land embraced on USS No. 3098. Ordinance No. 401 second reading on February 14, 1974.
11
AGENDA ITEM #2.b.
City of Kodiak Annexation Discussion Overview
Page 15 of 109
City of Kodiak Annexation Timeline
Ordinance No. 402; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Re: Lots Sixteen (16) B, and Sixteen (16) C, of the
subdivision of Lot Sixteen (16) of the Mill Bay Road group of land embraced on USS No. 3098.
Ordinance No. 402 second reading on February 14, 1974.
Ordinance No. 419; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Re: Lot Twenty-five (25) of U.S. Survey No. 3098.
Ordinance No. 419 second reading on June 27, 1974.
Ordinance No. 434; An ordinance of the Common Council of the City of Kodiak annexing
adjoining contiguous property into the city and setting and effective date. Re: Lots 7-16 of U.S.
Survey No. 2537-B, of the original Townsite of Kodiak. Ordinance No. 434 effective April 19,
1975.
Ordinance No. 454; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting and effective date. Re: Lot 24, U.S.S. 3098. Ordinance No. 454 effective
February 12, 1976.
Ordinance No. 456; An ordinance of the City of Kodiak annexing adjoining contiguous property
to the city and setting an effective date. Re: Beginning at Corner Two (2) U.S. Survey No. 2537 B
identical with Corner Fifteen (15) U.S. Survey No. 3945. Containing 193.6 acres more or less.
Ordinance No. 456 effective April 22, 1976.
Ordinance No. 493; An ordinance of the Council of the City of Kodiak annexing adjoining
contiguous property into the city and setting an effective date. Re: Beginning at Corner 1 M.C. of
USS 2537-B Tract A, said corner being the True Point of Beginning. Containing 38.6 acres more
or less. Ordinance No. 493 effective June 9, 1977.
Ordinance No. 502; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting and effective date. Re: Lot 1, Block 1 of U.S. Survey 3066-B. Ordinance
No. 502 effective August 30, 1977.
Ordinance No. 509; An ordinance of the Council of the City of Kodiak annexing adjoining
contiguous property into the city and setting and effective date. Re: Lot three (3) of U.S. Survey
3467 containing 7.65 acres more or less and a portion of U.S. Survey 3469 described as follows
under parcels A and B. Ordinance No. 509 effective October 13, 1978.
Ordinance No. 510; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting and effective date. Re: Lot 1, Block 1 of U.S. Survey 1822. Ordinance No.
510 effective October 13, 1978.
Ordinance No. 531; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Re: Lot 17A, USS 3098. Ordinance No. 531 effective
October 13, 1978.
Ordinance No. 532; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Re: Lot 14A, USS 3098. Ordinance No. 532 effective
October 13, 1978.
12
AGENDA ITEM #2.b.
City of Kodiak Annexation Discussion Overview
Page 16 of 109
City of Kodiak Annexation Timeline
Ordinance No. 552; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Re: Lots 17B, 18, and 19, USS 3098. Ordinance No.
552 effective July 30, 1979.
Ordinance No. 553; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Re: Lot 2A, USS 3098. Ordinance No. 553 effective July
30, 1979.
Ordinance No. 554; An ordinance of the Council of the City of Kodiak annexing adjoining
contiguous property into the city and setting an effective date. Re: Lot one (1) embraced in the
U.S. Survey 3098 located in township twenty seven (27 South, Range Nineteen (19) West,
Seward Meridian, containing .17 acres more or less. Ordinance No. 554 effective July 30, 1979.
1980s
Ordinance No. 586; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Annexation of USS 3218, Tract S-2. Ordinance No. 586
effective on August 27, 1980.
Failed Ordinance No. 597; An ordinance of the City of Kodiak annexing adjoining contiguous
property into the city and setting and effective date. Re: Tract B and E of Kadiak Alaska
subdivision. Ordinance No. 597 failed on April 1, 1981.
Failed Ordinance No. 598; An ordinance of the Council of the City of Kodiak annexing adjoining
contiguous property into the city and setting an effective date. Re: Tract F in Unit 5 of the Kadiak
Alaska subdivision. Ordinance No. 598 failed on April 1, 1981.
Failed Ordinance No. 603; An ordinance of the City of Kodiak annexing adjoining contiguous
property into the City and setting an effective date. Ordinance No. 604 failed on May 14, 1981.
Tabled Ordinance No. 604; An ordinance of the Council of the City of Kodiak annexing adjoining
contiguous property into the city and setting an effective date. Re: Tract F in Unit 5 of the Kadiak
Alaska subdivision.
Ordinance No. 608; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Annexation of USS 3098, Lots 27A and 27B. Ordinance
No. 608 effective on July 11, 1981.
Ordinance No. 622; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Annexation of USS 3098, Lots 20, 21, 22, 23.
Ordinance No. 622 effective on November 21, 1981.
Failed Ordinance No. 631; An ordinance setting forth conditions to be met prior to development
within the city, and outside the city in cases of extension of public service. Ordinance No. 631
failed on January 14, 1982. Re: public improvements for health and safety of citizens.
Ordinance No. 651; An ordinance of the Council of the City of Kodiak annexing contiguous
property into the city and setting an effective date. Annexation of Near, Gull, Round and Uski
islands referencing USS 2873 and USS 3066 (see ordinance). Ordinance No. 651 effective on
November 18, 1982.
13
AGENDA ITEM #2.b.
City of Kodiak Annexation Discussion Overview
Page 17 of 109
City of Kodiak Annexation Timeline
Ordinance No. 656; An ordinance of the Council of the City of Kodiak annexing adjoining
contiguous property into the city and setting an effective date. Annexation of Lot 1 & 2, Tract M,
Block 1 of USS 3218. Ordinance No. 656 effective January 22, 1983 and approved by the Local
Boundary Commission on February 28, 1983.
Failed Ordinance No. 665; An ordinance of the City of Kodiak annexing adjoining contiguous
property into the city and setting an effective date. Re: Lots 3A and 3B, through 7A and 7B; lots
9A and 9B; and lots 11A and 11B; all in USS 3098. Ordinance No. 665 failed on March 24, 1983.
Failed Ordinance No. 666; An ordinance of the City of Kodiak annexing adjoining contiguous
property into the city and setting an effective date. Re: City owned lots 8B and 10B, the privately
owned lots 8, 10, 12, 13, and 15A, all of USS 3098, together will the Mill Bay Rd. right of way
between the USS 3098 and 1396 to the boundary of the Bancroft subdivision. Ordinance No. 666
failed on March 24, 1983.
Ordinance No. 673; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Annexation of Lots 3A and 3B, through 7A and 7B;
Lots 9A and 9B; and Lots and 11A and 11B; all in US Survey 3098. Ordinance No. 673 effective on
June 11, 1983 and approved by the Local Boundary Commission on October 9, 1983.
Ordinance No. 674; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Annexation of city owned lots 8B, 10B, and 12B, and
the privately owned lots 2, 8A, 10A, 12A, 13, and 15A, together with the sixty foot right of way
between lot 2 and lots 3A and 3B, and the portion of Mill Bay road platted at lot 30 all in USS
3098. Ordinance No. 674 effective August 27, 1983 and approved by the Legislature on March 3,
1984.
Failed Ordinance No. 689; An ordinance of the City of Kodiak annexing adjoining contiguous
property and into the city and setting and effective date. Ordinance No. failed on July 28, 1983.
Re: Lots 8B, 10B, 12B, together with the portion of Mill Bay Rd platted as lot 30, all in USS 3098
also referencing Ordinance No. 673.
Ordinance No. 708; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Re: Corner No. 1 of USS 3468, identical to Corner No.
1 of USS 3098, which is the True Point of Beginning. Ordinance No. 708 effective January 19,
1983. Approved by the Local Boundary Commission on January 7, 1984.
Ordinance No. 716; An ordinance of the City of Kodiak annexing adjoining contiguous property
into the city and setting an effective date. Lots A-1 through A-5, Tracts B, C-1, D-1, E, and F of
Kadiak Alaska Subdivision, Unit 5, USS 3469. Ordinance No. 716 effective March 22, 1984.
Approved by the Local Boundary Commission April 12, 1984.
Failed Ordinance No. 733; An ordinance of the City of Kodiak annexing contiguous territory into
the city and setting an effective date. Failed on August 23, 1984. Re: Rezanof Dr. and runway at
State airport.
Ordinance No. 771; An ordinance of the City of Kodiak annexing contiguous territory into the
city, providing for a special election thereon, and setting and effective date. Ordinance No. 771
effective July 25, 1985.
14
AGENDA ITEM #2.b.
City of Kodiak Annexation Discussion Overview
Page 18 of 109
City of Kodiak Annexation Timeline
Ordinance No. 775; An ordinance of the City of Kodiak amending Ordinance No. 771 and
changing the election date on the question of annexing the “mission lake neighborhood”.
Ordinance No. 775 effective October 17, 1985.
Ordinance No. 786; An ordinance of the City of Kodiak Repealing Ordinance No. 775, amending
Ordinance No. 771, and changing the election date on the question of annexing mission lake
area. Re: Special election date. Ordinance No. 786 effective January 18, 1986.
Ordinance No. 797; An ordinance of the City of Kodiak Annexing City-owned contiguous
property into the city and setting and effective date. Annexation of VonScheele Way right of
way. Ordinance No. 797 effective April 26, 1986. Approved by the C&RA May 8, 1986.
Certificate of Election –April 22, 1986 – certification the corporate boundaries of the City of
Kodiak were not extended by vote of the people to the encompass those tracts lying
northeasterly of the corporate limits and including all, or all of those portions not already within
the corporate limits of US Survey 3066 A & B, Southeast Addition No. 2; 2739; 1822; 2511,
Hospital subdivision; 2843, Mission Subdivision; Lots 13, 14, and 15 of 3233; and the unsurveyed
portion of Mission Lake bound by 1822, 2843, 3099, and 3233. (Mission Lake Area)
Certificate of Boundaries of the City of Kodiak – May 17, 1986
Ordinance No. 798; An ordinance of the City of Kodiak annexing contiguous property into the
city and setting an effective date. Annexation of Tract S-4A, U.S. Survey 3218. Ordinance No. 798
effective date April 26, 1986. Approved by the Alaska State Legislature March 15, 1987.
Certificate Boundaries of the City of Kodiak – March 16, 1987
Ordinance No. 806; An ordinance annexing adjoining contiguous property into the city and
setting an effective date. Ordinance No. 806 effective November 8, 1986. Approved by the Local
Boundary Commission: September 10, 1987. RE: Kodiak King Crab, owner of property
Failed Ordinance No. 809; December 14, 1987 – An ordinance of the Council of the City of
Kodiak annexing contiguous property into the city and setting an effective date. Re: Service
district #1, Fire protection area no. 1 unsurveyed area bound by USS 3945, 3538A, 3468, 3467,
Monashka Bay Alaska subdivision, USS 1678 and ADL 44355.
Ordinance No. 832; An ordinance annexing adjoining contiguous property into the city and
setting an effective date. Annexation of Lot I-2 USS 3218. Ordinance No. 832 effective May 13,
1988 and approved by the Local Boundary Commission on April 25, 1988. Preclearance date as
required by the voting rights act of 1965: August 11, 1988.
1990s
Discussion of Annexation; Monashka Bay Service District #1 - February 1, 1991
Ordinance No. 907; An ordinance annexing adjoining contiguous property into the city and
setting an effective date. Annexation of Lakeside Subdivision, Second Addition, per Plat 87-16
Ordinance No. 907 effective date April 28, 1991 and approved by the Local Boundary
Commission on June 29, 1991. Preclearance date as required by the voting rights act of 1965:
September 16, 1991.
15
AGENDA ITEM #2.b.
City of Kodiak Annexation Discussion Overview
Page 19 of 109
City of Kodiak Annexation Timeline
Certificate of Boundaries for the City of Kodiak–August 8, 1991
Failed Ordinance No. 946 –July 22, 1993 – An ordinance annexing adjoining contiguous property
into the city and setting an effective date. Re: Salvation Army.
Ordinance No. 985; An ordinance of the Council of the City of Kodiak annexing contiguous
property into the city and setting an effective date. Re: Service district #1. Ordinance No. 985
effective April 23, 1994.
Failed Ordinance No. 986 –April 28, 1994 –An ordinance of the Council of the City of Kodiak
annexing contiguous territory into the city and setting an effective date. Re: Salvation Army
Ordinance No. 1001; An ordinance of the Council of the City of Kodiak repealing ordinance
number 985, which annexed contiguous property into the city and set an effective date. Re:
annexation service district #1 and the spruce cape area. Ordinance No. 1001 effective date
September 24, 1994. (Petition withdrawn)
Ordinance No. 1065; An ordinance of the Council of the City of Kodiak annexing contiguous
property into the city and setting an effective date. Re: Watershed per Ordinance No. 932 and
Borough Fire Protection Number one KIB Ordinance 97-16. Ordinance No. 1065 effective date
July 25, 1998. The annexation ballot proposition failed with 118 in favor and 887 opposed.
2000s
Ordinance No. 1289; An ordinance of the Council of the City of Kodiak authorizing the
annexation of the portions of Lots 1A-1, 1B-2, and 1B-3, Lakeside subdivision second addition
that are located outside the City of Kodiak, to the City of Kodiak. Ordinance No. 1289 effective
October 28, 2011. (As of January 2017 the annexation petition ((Ashford property)) has not
been prepared or submitted to LBC.)
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Annexation Research
City Council Work Session, 12 Sept 2017
Note: This is meant to be a visual guide regarding possible
Annexation territories. For more detailed information, please
refer to the published “Annexation Discussion” memo included
in the work session packet AGENDA ITEM #2.b.City of Kodiak Annexation Discussion OverviewPage 30 of 109
City Limits, ca. 1940
Incorporated on 11 September 1940, at 129 acres
Now approximately 2,590 acres,
gained through “annexation”
The State of Alaska recognizes several types:
1. Annexation of contiguous property
2. Unanimous consent
3. Annexation by Vote AGENDA ITEM #2.b.City of Kodiak Annexation Discussion OverviewPage 31 of 109
“Annexation South”
Approximately 1,317 acres, seven primary landowners
Candidate for Annexation by Unanimous Consent? AGENDA ITEM #2.b.City of Kodiak Annexation Discussion OverviewPage 32 of 109
“Annexation North”
Approximately 1,275 acres
Candidate for Annexation by Vote? AGENDA ITEM #2.b.City of Kodiak Annexation Discussion OverviewPage 33 of 109
Fire Protection and EMS
Contains part of Fire Protection Area No. 1
City already provides EMS to the Borough
Also responds to mutual-aid calls
AGENDA ITEM #2.b.City of Kodiak Annexation Discussion OverviewPage 34 of 109
Fire Hydrant Locations
Areas outside “Annexation North” are not hydranted AGENDA ITEM #2.b.City of Kodiak Annexation Discussion OverviewPage 35 of 109
KPD Patrol Levels
Annexation may increase the City’s population by 50%
May also decrease State Troopers AGENDA ITEM #2.b.City of Kodiak Annexation Discussion OverviewPage 36 of 109
Service District No. 1
Responsible for 11.2 miles of roads
Roads not contiguous
Water & Sewer already City owned,
and would see 20% decrease in fees AGENDA ITEM #2.b.City of Kodiak Annexation Discussion OverviewPage 37 of 109
Next Steps?
If the Council desires:
1. Determining population gain
2. EPA, DEC regs for w/s
3. Sales tax?
4. Communication
5. Benefits, and Costs
Enfranchisement
Increased Services
…does it pencil out? AGENDA ITEM #2.b.City of Kodiak Annexation Discussion OverviewPage 38 of 109
MEMORANDUM TO COUNCIL
To: Mayor Branson and City Councilmembers
From: Mike Tvenge, City Manager ~
Thru: Matthew Van Daele, Deputy City Manager
Date: November 7, 2017
Agenda Item: Annexation Update
SUMMARY: At the September 12th work session, Council directed staff to continue researching
annexation. We have some new and refined information to present, but are requesting direction from the
Council on next steps . To develop solid facts and figures for your consideration will take a higher
commitment of staff time and fmmal collaboration with our colleagues in the Borough. It is staffs
recommendation to take this approach to ensure we are developing the best available data and
information for your decision, as well as for the public to have while they weigh any pros or cons of
annexation.
NEW INFORMATION:
EMS SERVICE OUTSIDE OF CITY LIMITS
The Kodiak Fire Department has been evaluating call volume statistics of EMS calls within City limits
vs. those into the Borough. The "land mass" of the City of Kodiak is approximately four square miles,
while the area of the Borough to which the City provides EMS service (up to 1/4 mile off the established
road system) is approximately 50 square miles . Conversely, since 2012 , roughly 2/3 rd5 of calls for EMS
service have been for locations within City limits , while the remaining I/3 rd were for locations outside of
City limits (in the Borough). Of these calls to locations outside the City, 50% were to Fire Protection
Area Number 1, and staff is currently tabulating the monetary figure of this City-provided service.
CURRENT KODIAK POLICE DEPARTMENT STAFFING LEVELS
The Kodiak Police Department currently has 11 officers assigned to patrol functions, which is below
Nationally-accepted standards for the recommended level of staffing. The policing formula used by the
International Association of Chiefs of Police indicate that the City of Kodiak should hire six additional
officers to meet the needs for our current City residents , as well as the daily influx of people into the
City from the Borough for work, school attendance, shopping, and leisure.
Continued evaluation of the situation in Downtown Kodiak, coupled with concerns of business owners
and citizens, have consistently demonstrated an immediate need for four additional police officers.
Hiring these four officers in the near future will help with the protection of downtown assets, and service
to its visitors and business owners. Additionally, this would offset the cost of a possible future
annexation by reducing the hire of additional police officers to just four more individuals needed to
serve the residents of Annexation North.
NOVEMBER 7, 2017
Memo Page 1 of 2
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PUBLIC WORKS
Similarly to the Kodiak Police Department, there is an immediate need for additional support to the department of
Public Works to meet current expected service requirements. The two loaders in their inventory (a Case 621B
and a Case 821B) are 21 and 22 years old, respectively, and have reached the end of their useful terms of service
to the citizens of the City of Kodiak. Public Works staff have done an exemplary job of keeping these loaders
running and operating, but the time has come from both a safety standpoint as well as simple efficiencies to
purchase "new" (i.e., used, like-new) loaders. Having replacement loaders in our inventory will reduce costs in
tenns of parts and labor, and increase the amount of work possible through greater transit speed and fuel
efficiency.
In addition to the two loaders, a "new" grader (to replace one of the undersized and too lightly-constructed Case
885 graders) is an immediate need for the City's fleet. The City's two Case graders were purchased in 2004 and
2005, but have not held up to the rigors of snow removal and have had perennial dependability issues, resulting in
greater maintenance costs compounded by lost time spent trying to keep them functional. As such, it is highly
unlikely that these graders will make it to 2022 or 2023, which is their scheduled replacement after 18 years of
service.
The three Caterpillar graders currently in the inventory are from 2011 (two of this year) and 2015. Though these
graders have been very dependable and effective, there is very little overlap when in 2029 we will need to
seriously begin considering replacement, and that they may ultimately need replacing within years of each other.
Therefore, it would be wise to begin introducing some staggering of asset purchases to minimize the risk of
multiple equipment failures occurring at or near tl1e same time.
Having these replacement pieces of more efficient equipment will increase the ability of Public Works to rapidly
meet service requirements, thus reducing overall costs to the City and allowing a more cost-effective annexation
(should that occur). For instance, while it may be more prudent to still have certain types of snowfall events
removed by a private company contracted by the City in the area of Service District Number 1, other routine road
repair, upkeep, and maintenance could conceivably be covered by an existing Public Works fleet.
NEXT STEPS
Staff requests that the Council give direction as to your desire regarding further annexation research. It
would be useful to know if there are specific questions or concerns the Council would like staff to
address, as well as giving specific direction to begin collaboration and dialogue with our colleagues in
the Kodiak Island Borough to create the best-possible list of information, statistics, and costs for your
consideration. Staff has identified the best course of action to be research conducted in partnership with
Service Area Number 1, Fire Protection Area Number 1, and the Borough Manager (as a start) to begin
developing a solid set of facts and figures needed for the Council and the public to make an informed
decision regarding any merits or causes of concern of potential annexation of territory into the City of
Kodiak's corporate boundaries.
NOVEMBER 7, 2017
Memo Page 2 of2
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White Paper on Annexation
WHITE PAPER ON ANNEXATION
“Annexation to a city” means expanding the city’s boundaries to include more territory. Additionally,
annexation is the expansion of the jurisdiction of a city into new territory and the means by which the
corporate boundaries of city governments are updated or refined. Annexation results in extending city
services, city regulations, city voting privileges, and city taxing authority to the annexed territory.” -Local
Boundary Commission
Introduction: Since the 1950’s, the City of Kodiak has adjusted its corporate boundaries through
the annexation process to accommodate community growth and adapt to the increasing demand
and need for public services. Per Alaska’s constitution and statutes, any proposed boundary
change, including annexation, must be approved by the Local Boundary Commission (LBC). State
law requires certain standards be met, and certain procedures be followed in order for the
commission to approve a proposed annexation. One requirement is for the municipality to submit
a ‘petition’ to the Local Boundary Commission. If the LBC approves the petition, in most cases,
either Kodiak voters need to approve it, or the Legislature must not disapprove it for the
annexation to take effect.
Background: For the past two years, Council and staff have held seven work sessions to understand
the history of annexation in Kodiak, about annexation in other parts of the state, discuss research,
hosted a presentation from the LBC staff, and explored various scenarios and options for
annexation.
At the September 24, 2019 work session, Council agreed upon principles that outline their values
and take into consideration the uniqueness of our community. The principles are intended to
provide the structure and opportunity for the Council to guide the decision making process and to
help set a course for future community development in Kodiak. The guiding principles are:
Transparency in the Process: Annexation is a legal process. Proposing the addition of land
and population to City Boundaries requires coordination and work with all citizens,
stakeholders, the Local Boundary Commission, City and Borough staff, and the City
Attorney. Following statutory guidelines is necessary for any process to work. It should be
fully transparent and no one should be left out of the public process.
Cost Effectiveness in Service Delivery: In recognition of the city’s budgetary constraints,
it’s unknown at this time if it makes fiscal sense to pursue annexation. Given the central
role of service provision in annexation, the fiscal impact of these actions and understanding
the revenues necessary to pay for services is critical and must be clearly understood.
DRAFT
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Expansion of City Services: Areas of evaluation and fiscal analysis v. public benefit includes
the extension of police protection, mutual aid fire response, road maintenance,
recreational facilities, and infrastructure. These are critical services that will require some
complex research and analysis for the Council’s consideration. The Council also recognizes
that the City presently provides programs, services and activities outside of City limits
(Water & Sewer, Woody Way Field, North Star Elementary, Dark Lake, School Lawn Care,
EMS, Fire, Building Inspection, Animal Control, Emergency Dispatch etc.).
Preserving a Sense of Place: Expanded political boundaries can more clearly reflect the
true and existing sociological, economic, cultural, and physical boundaries of the city.
Annexation can lead to a unified community by allowing business, professional, and
community leaders who currently live outside city boundaries to have a more direct role in
community affairs by, elections including being elected or appointed to public office.
Community Outreach: Kodiak residents and voters need to know how the annexation
process works and how it could potentially impact them. Outreach must be tailored to get
the public information they need, effectively and efficiently before annexation can be
voted on. This work can be accomplished through focus groups, community surveys,
presentations to local member organizations like the Chamber of Commerce, Natives of
Kodiak, and other civic and governmental agency meetings upon request. Before a petition
to expand city boundaries is finalized, the City’s priority will be to create a robust
community outreach plan so citizens will have the knowledge and understanding of any
proposed changes to City boundaries.
Areas Being Considered for Annexation: In an effort to advance policy discussions and
recommendations over the next several months relative to annexation, the Council has directed
staff to move forward with research and evaluation of Annexation North and Annexation South.
Ongoing research and analysis of annexing these areas will culminate in public work sessions where
the Council will continue a dialogue on annexation.
Annexation North – This area includes approximately 12 miles of road (six maintained by the State
of Alaska and Service District No.1 contracts) and is comprised of the entire Kodiak Island Borough’s
Service District 1, as well as undeveloped City of Kodiak Property and the City’s Wastewater
Treatment Plant. In the past, residents of Service District No. 1 have signed petitions in support of
being annexed into the City of Kodiak (per Ordinance 1065).
Annexation South – This area includes approximately 2 square miles (approximately 1,317 acres)
and reaches from the southern border of the City of Kodiak’s existing boundary to the State
Airport. There are seven primary landowners in this area and the largest being the Natives of
Kodiak (approx. 644 acres). In 2017, the Natives of Kodiak approached the City to discuss the
possibility of annexation. In addition, the City of Kodiak owns approximately 200 acres in the tract
of land identified as being suitable for future development, potentially adding to the economic
strength and stability of the greater Kodiak community.
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Annexation FAQ
ANNEXATION FREQUENTLY ASKED QUESTIONS
Q.Why does the City desire to annex my area?
A.The City’s charter is to provide for efficient, adequate, and economical
governance to the Citizens of Kodiak. Areas around Kodiak generally surrounded
by the City but are not within the corporate boundaries are already receiving
city services, such as water and sewer utilities. It is the goal of the city to
facilitate a vibrant and unified community environment.
Q.What kinds of regulatory changes should I anticipate if my property is annexed?
A.It is important to know that these areas have identical development codes
relative to building, zoning, and subdivision standards. There is also no change
between the City and proposed annexed areas with regard to the discharge of
firearms and operation of ATV’s. Business Sales Tax Registration would be
required under current city code.
Q.What services are provided by the City?
a.Water & Sewer Utilities –Since 1995, the City’s Public Works Department
has provided water and sewer service in the proposed Annexation North
and will continue to be provided by the City in the future.
b.Animal Control – The City has a full level of animal control services that
are already available in both proposed annexation areas by the Kodiak
Police Department.
c. City Parks and Recreation – The City’s Parks and Recreation staff already
maintain and provide services outside of City limits including Woody
Way field, Dark Lake, North Star Elementary programs, and School lawn
care. All pricing to participate in City programs is the same for everyone,
regardless of where you live.
d.Extended 24/7 Police Protection – The Kodiak Police Department
maintains a well-staffed Department to provide a level of service within
DRAFT
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Annexation FAQ
the City. Upon annexation, standard patrols throughout your
neighborhood will be added.
e.Fire and Emergency Medical Services (EMS) – The City currently provides
EMS in the proposed annexation areas. Fire protection is provided
through a mutual aid agreement with Bayside.
f.Extended City Street Maintenance – The City of Kodiak currently
provides road maintenance including repairs, street sweeping, snow
removal, grading, striping, and paving services. Upon annexation, these
services will continue.
g.City Library – All residents currently have access to Public Library
services with no changes.
Q.Will my taxes or utility rates change?
A.These rates are approved by the Borough Assembly and City Council and
are subject to change.
Q.If annexed, do I obtain Building Permits from the City or Borough?
A.Currently, building permits are obtained from the Joint Department of
Building Safety and this will not change after annexation.
Q.If annexed will my zoning change?
A.No, in your area, the City and the Borough zoning regulations are the
same.
Q.Does the City have any current or pending lawsuits or liabilities that would
affect me if annexed?
A.No.
Q.When are City Council meetings?
A.The Kodiak City Council meets on the second and fourth Thursdays of
every month at 7:30 p.m. in the Borough Assembly Chambers at 710 Mill
Bay Road.
Q.If annexed, will my voice in local government change?
A.Yes, you will be able to vote in City elections and be represented by the
Mayor and Kodiak City Council. In addition, many of the city’s nine
Boards and Committees have requirements of city residency. If annexed,
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Annexation FAQ
you could volunteer to serve on the Boards or Committees. After one
year of residency, you can run for Mayor or City Council.
Q.Do the residents of the proposed annexation area get to vote on
annexation?
A. There are several annexation methods authorized by State law. If Council
directs staff to move forward with the proposed Annexation North, the
method of annexation will be decided. Regardless of the method of
annexation used, State Law requires the annexing jurisdiction to hold public
hearings on any proposed annexation. Hearings are an opportunity for
community members to give public testimony on the proposal.
Q.What are the benefits of annexation?
A.The current situation artificially creates two classes of Kodiak citizens.
Those inside the City who have voting rights in City elections, enjoy the
benefits of greater police protection and road maintenance, and pay
residential rates for water and sewer utilities, and those outside the City
who do not vote in City elections, receive less police protection and road
maintenance, and pay higher utility rates. Annexation would bring both
groups into parity, affording all residents equal voting rights and services at
equivalent costs. For everyone, it means a greater sense of community,
where we make decisions together about how to improve our quality of life
in Kodiak.
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C?y of *
‘PDATE ON 'I\JNEXAT!O
\J
Jr"«!'L1A§?Y
AGENDA ITEM #2.b.City of Kodiak Annexation Discussion OverviewPage 54 of 109
The expansion of a ciTy boundary To include
more TerriTory.AnnexaTion resulTs in The
exTension of ciTy services,regu|aTion,voTing
privileges,and Taxing auThoriTy To The annexed
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is governed by The Local Boun ary
Commission(LBC)of The Slaie of Alaska
Deparimeni of Commerce,Communiiy,and
Economic Developmenl,Division of Communiiy
and Regional Affairs.
MUSTbe pelilioned To and approved by The
Local Boundary Commission
AGENDA ITEM #2.b.City of Kodiak Annexation Discussion OverviewPage 57 of 109
Preplonning
Planning
Pe??on
lmplemenfo?on
AGENDA ITEM #2.b.City of Kodiak Annexation Discussion OverviewPage 58 of 109
Why do we wahi To annex?
Whai do we hope To achieve?Whai are our
goab?
Does Thisfit with our |ohg—’rerm plans?
What geographic areas should be considered?
Pre—P|onning
AGENDA ITEM #2.b.City of Kodiak Annexation Discussion OverviewPage 59 of 109
Research The a l y of The CiTy To serve The new area
CohsulT wlTh The public,local officials,and oTher
lhTeresTed parlies
ldehTiTy and rheeT The sTahdaras for ahhexa?oh.
AdopT ah ordlhahce auThorizlhg The peTlTloh for
ahhexa?oh
EvaluaTe The reasons ThaT favor &disfavor ahhexaTloh
Be able To clearly sTaTe why ahhexaTloh is appropriaTe or
hoT
CreaTe a TrahslTloh plah
Planning
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o la incorpor 5'‘yin WI residenis and
an area of 5.4 square miles.
Today,The populaiion esiimaie is 5,818 in Ciiy Iimiis and combined
on The road sysiem is 12,292.
1960 —Annexation of Kodiak Island Reserve,Near,Uski,Gul,
Crooked,and Popof Islands
1968 —Island Lake and Spruce Cape for fire proieciion —voiers
defeaied
1970 —Borough proposes siep annexaiion,LBC recommended
iarger area and services To be provided in one year.Legislaiure
disapproves
Cify Armexa?on Hisfor
(:1
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To provide areas for fuiure
To manage growih
To secure Tax base and revenu
To proieci an area
To adjusi or clarify boundaries
Fairness &Eauiiy
To eliminaie gaps in service delivery
growth &expansion
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KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 30, 2020
ASSEMBLY WORK SESSION
Kodiak Island Borough
SUBJECT: Consolidation Committee Update
ORIGINATOR: Meagan Christiansen
RECOMMENDATION:
DISCUSSION:
The Consolidation Committee has reviewed the powers and services of the City of Kodiak
and Kodiak Island Borough and developed recommendations regarding powers and services
of a new consolidated government.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
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Kodiak Island Borough
CONSOLIDATION COMMITTEE
Recommendations
CONSOLIDATION IS THE DISSOLUTION OF TWO OR MORE LOCAL GOVERNMENTS WHICH THEN ARE
COMBINED TO FORM A NEW SINGLE LOCAL GOVERNMENT
The Consolidation Committee is charged with investigating what a new consolidated government would
look like for Kodiak. The following are recommendations made by the Consolidation Committee; some
of these recommendations are tentative pending further discussion and consideration, and all are
subject to change at the discretion of the committee or direction of the Assembly.
The consolidated government will not include the village communities; they will remain
autonomous as they currently are.
The consolidated government will be a Home Rule Borough.
The reasons for consolidation are as follows:
o to provide maximum self-governance with minimum governmental units
o to provide services in a streamlined and equitable manner
o to provide effective representation
The Assembly composition of seven members will be as follows:
o 2 seats elected from the area currently known as Fire Protection Area No. 1
o 2 seats elected from the area currently known as the City of Kodiak
o 1 seat elected from the area generally south of the area currently known as the
City of Kodiak, which include neighborhoods of the US Coast Guard Base, Bells
Flats, Anton Larsen Bay, Chiniak, Pasagshak and residents in-between
o 1 seat elected from the rural/village communities
o 1 seat elected at-large
And, assuming a Mayor-Manager form of government, the Mayor will be
elected at-large.
The new home rule borough will be named the Municipality of Kodiak
All current borough area-wide powers will be maintained, and all current borough non-
area-wide powers plus the current city powers and any powers not otherwise prohibited
become adopted for the new home rule borough, Municipality of Kodiak.
Water & Sewer services will be provided in the area of the current infrastructure and
will be paid by user fees; future expansion will be possible and determined under the
new consolidated government.
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Animal Control Services will be provided along the road system and paid for via a non-
areawide property tax and user fees.
Parks & Recreation powers will be provided in the area of the road system, excluding
the Anton Larsen Bay Dock which will move to Ports & Harbor services, to be paid for via
non-areawide property taxes and user fees.
Solid Waste powers will remain as they currently are; public services may change as the
contract with waste collectors change.
Port and Harbor services will be provided as a borough wide power/service, excluding
the facilities owned by the island’s 2nd class cities and tribal governments (the new
borough will not take over village community harbors), and services will be paid for by
an areawide tax such as severance tax plus user fees.
Maintain Public Safety/Law Enforcement in its current form.
The consolidated government will provide road maintenance services throughout the road
system utilizing an internal public works department, with the ability to subcontract work as
needed, paid for via property and sales tax.
The consolidated government will have a centrally administered fire department that will
provide fire and EMS response to the road system with a blended workforce of paid and
volunteer workers, paid for with area-wide taxes such as property tax and sales tax, and user
fees.
The Building Inspection Department will be maintained and paid for with area-wide funding plus
user fees.
Library services will continue and be paid through the general fund and supplemented by user
fees.
The two airport facilities should be maintained and supported by user fees and area-wide taxes.
Adopt areawide health powers
Tourism will be an areawide service
Economic Development will be maintained on an areawide basis
The consolidated government will provide disaster preparedness on an areawide basis.
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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
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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
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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
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Code Section Offense Penalty/Fine
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
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
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Code Section Offense Penalty/Fine
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
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
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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
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
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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
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
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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
“Dead animal” means the carcass from an animal, large or small, except part of an animal 271
used for food or other beneficial purpose in accordance with federal, state or local laws 272
and regulations. Does not include fish or other primary aquatic animal. 273
274
“Disposal” or “dispose” means the act or action of discarding solid waste. 275
276
“Hazardous or toxic waste” means any material that meets the definition of 40 C.F.R. 261 277
and AS 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or 278
pathological wastes, radioactive materials, explosive or highly flammable materials, oil 279
and petroleum products, and burning or smoldering materials. 280
281
“Household hazardous waste” means hazardous waste generated on residential premises. 282
283
“Manager” means the borough manager or designee. 284
285
“Multifamily” describes people, such as customers, places, such as premises, or things, 286
such as carts or types of solid waste, in the borough that are not residential premises. 287
288
“Multifamily premises” means premises that are not residential premises, and therefore 289
contains four or more dwelling units, including apartment complexes and trailer courts. 290
291
“Premises” means property having any habitable building, whether residential, 292
multifamily, or commercial. 293
294
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“Recyclables” means materials which can be reprocessed, reconditioned, or adapted to 295
use again or for a new use or function. 296
297
“Residential premises” means a premises meeting both of the following conditions: 298
1. It contains one, two, or three dwelling unit(s); and 299
2. Each dwelling unit is occupied by related individuals, or by five or fewer unrelated 300
individuals. 301
302
“Roll-off” means an open-topped rectangular receptacle for storage, collection, and 303
transport of solid waste that is rolled on and off flatbed collection vehicles via winches or 304
reeving cylinders (hooks). 305
306
“Scavenging” means the controlled removal of waste materials for recycling or reuse. 307
308
“Sewage solids” means waste that passes the paint filter test, EPA Test Method 9095, 309
published in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 310
846, adopted by reference in 18 AAC 60.365, and has been removed from a wastewater 311
treatment system, sewer, septic tank, or other wastewater handling equipment; “sewage 312
solids” includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater 313
treatment sludge. 314
315
“Solid waste” means “municipal solid waste” as defined in AS 46.03.900. 316
317
“Solid waste collection” means the act of removing solid waste from the central storage 318
point of a primary generating source, such as a residence or business, to a place of solid 319
waste disposal. 320
321
“Solid waste disposal” means the orderly process of finally disposing of solid waste. 322
323
“Solid waste generator” means anyone who creates solid waste during everyday living 324
and working. 325
326
“Solid waste storage” means the interim containment of solid waste, in an approved 327
manner, after generation and prior to collection and disposal. 328
329
Section 6: Kodiak Island Borough Code section 8.25.070, Solid waste storage and set-out, is 330
amended to read as follows: 331
332
8.25.070 Solid waste storage and set-out. 333
A. Storage. Each solid waste generator is responsible for the placement of that person’s bin or 334
cart so that it will not easily be tipped, such as by an animal or the wind. Lids on the bins or carts 335
must be kept closed to keep out rain, snow, and animals. Surplus liquids must be drained from 336
solid waste and placed in watertight bags before discarding them in containers. 337
338
B. Set-Out. 339
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1. Site. Anyone who receives solid waste collection service in cCarts or bins service must be 340
placed their container in the following locations by the contract hauler or solid waste collection 341
service recipient, or as instructed by the contract hauler: 342
343
a. Roadside; 344
b. In an adjacent alley; or 345
c. Within three feet of the roadway on which the contract hauler can drive its collection vehicles. 346
For example, if the serviced premises are adjacent to more than one street, alley, or roadway, the 347
contract hauler may instruct the customer to set out containers on only one specified street, alley, 348
or roadway. 349
350
The contract hauler may require alternative placement based on site-specific conditions. 351
352
2. Required Actions. Anyone who receives solid waste collection service, whether in a cart, bin, 353
or roll-off, must do the following: 354
355
a. Discard only securely bagged or bundled solid waste inside the cart, bin, or roll-off provided by 356
the contract hauler for that customer’s use; and 357
b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart, 358
bin, or roll-off. 359
360
The contract hauler is not required to clean up solid waste discarded, scattered, littered, or 361
otherwise strewn outside the cart, bin, or roll-off, except for solid waste that the contract hauler 362
spills during collection and transportation. 363
364
3. Prohibited Conduct. 365
a. Anyone who receives utilizes solid waste cart collection service, whether in a cart, bin or roll-366
off, must not do any of the following: discard dead animals in the cart. The discarding of any 367
solid waste outside the cart is also prohibited, including the following items: 368
369
a. Discard dead animals in the cart, bin, or roll-off; or 370
b. Discard any solid waste outside the cart, bin, or roll-off, including the following: 371
372
i. Litter; 373
ii. Bulky items, such as appliances, bed springs, mattresses, furniture as defined by KIBC 374
8.25.020; 375
iii. C&D Debris as defined by KIBC 8.25.020 Nonbulky items listed in the definition of “bulky 376
items” (such as construction/demolition waste, unless as allowed during temporary service as in 377
KIBC 8.25.060(B), tree limbs, lawn clippings, animal waste); and 378
iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 379
380
No one may discard any material in a roll-off except for the roll-off provided by the contract hauler 381
for that person’s solid waste collection service. 382
383
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b. Anyone who utilizes solid waste bin or roll-off collection services must securely close 384
and latch the bin or roll-off door or cover and must not discard dead animals in the bin or 385
roll-off. The discarding of any solid waste outside the bin or roll-off is also prohibited, 386
including, but not limited to, the following items: 387
388
i. Litter: 389
ii. Bulky items as defined by KIBC 8.25.020; 390
iii. C&D Debris as defined by KIBC 8.25.020; and 391
iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 392
393
No one may discard any material in a roll-off except for the roll-off provided by the contract 394
hauler for that person’s solid waste collection service. 395
396
C. Clearance and Access. A cart customer must maintain a minimum of three feet of clearance 397
between each cart and any mailbox, vehicle, snow berm, or other object that would obstruct 398
collection, including the arm on an automated collection truck. A cart customer must maintain 399
clear access to the cart set-out site so that the collection vehicles can lift and empty carts, 400
including clearing away snow and other obstructions, such as parked vehicles. 401
402
D. Bin Sharing. Two or more bin customers must share bins, and the allocable service charges 403
for solid waste collection, if directed by the contract hauler when there is limited space for set-out 404
or collection of bins. 405
406
E. Safety. Each customer must maintain its set-out site so that it is safely accessible to contract 407
hauler’s vehicles and employees. If the contract hauler determines that the set-out site is not safe, 408
it is not obligated to provide collection service there. Contractor will coordinate safe set-out 409
location with customer for each occurrence. 410
411
Section 7: Kodiak Island Borough Code section 8.25.220, Administration, implementation and 412
enforcement, is amended to read as follows: 413
414
8.25.220 Administration, implementation, and enforcement. 415
The manager is authorized to administer, implement, and enforce this chapter and promulgate 416
related solid waste policy, unless this chapter expressly names another person. The manager 417
may request assistance from other persons or request that other persons administer, implement 418
and enforce all or a portion of this chapter. Examples of other persons are: 419
420
A. The director of finance or the auditor-controller, for example, with respect to collection of user 421
fees; 422
B. City of Kodiak police department; 423
C. Borough attorney; 424
D. Other borough departments; 425
E. District attorney; 426
F. Alaska State Department of Environmental Conservation; 427
G. Alaska Department of Fish and Game; 428
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H. Alaska State Troopers; and 429
I. An A Code enforcement officer designated under KIBC 1.20.030. 430
431
Section 8: Kodiak Island Borough Code section 8.25.230, Enforcement officer, is repealed. 432
433
8.25.230 Enforcement officer. 434
A. Authority. The enforcement officer has the authority to issue citations, summons, and 435
complaints, or notices of violation to anyone who violates this chapter. 436
B. Citation. A citation filed in the district court charging a violation under this chapter is deemed 437
as a lawful complaint for purposes of prosecution under this chapter. 438
439
Section 9: Kodiak Island Borough Code section 9.10.060, Penalty, is amended to read as 440
follows: 441
442
9.10.060 Penalty. 443
Penalties for violations of this chapter are as provided in Chapter 1.20 KIBC. In accordance with 444
AS 29.25.070(a), citations for the certain offenses violations of Chapter 9.10 KIBC may be 445
disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon 446
payment of the fine amounts established in a schedule of fines adopted by the borough assembly 447
by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 448
12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in the Alaska Rules of Court 449
apply to all offenses listed in the established schedule of fines. Citations charging these offenses 450
must meet the requirements of Minor Offense Rule 3. Alternatively, the person may choose to 451
appear in court and contest the citation. If a person charged with one of these offenses appears 452
in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount 453
for that offense listed. If an offense is not listed on this schedule of fines, the defendant must 454
appear in court to answer to the charges. These fines may not be judicially reduced. If a person 455
is cited for an offense for which a scheduled fine has been established in the schedule of fines 456
and fails to pay a fine or appear in court, the citation shall be considered a summons for a 457
misdemeanor. 458
459
Section 10: Kodiak Island Borough Code Chapter 9.20, Peace Officers, is amended to read as 460
follows: 461
462
Chapter 9.20 463
PEACE CODE ENFORCEMENT OFFICERS 464
465
Sections: 466
9.20.010 Authority. 467
9.20.020 Interference with a peace borough code enforcement officer. 468
9.20.030 Penalty. 469
470
9.20.010 Authority. 471
The manager may in writing designate one or more employees of the borough as peace code 472
enforcement officers per KIBC 1.20.030. with the authority to issue citations, conduct 473
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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 474
regulations, and to take other action consistent with the exercise of these enumerated powers 475
when necessary to enforce the Kodiak Island Borough Code, ordinances and regulations and 476
maintain the public peace. 477
478
9.20.020 Interference with a peace borough code enforcement officer. 479
No person may interfere with a peace borough code enforcement officer while he is in the 480
performance of his the officer’s duties. A person who does any of the following is guilty of 481
interfering with a peace borough code enforcement officer: 482
483
A. By use or threat of force or violence, the person he prevents or attempts to prevent a peace 484
borough code enforcement officer from carrying out the officer’s his duties; 485
486
B. By use or threat of force or violence, the person he attempts to aid or aids a person in 487
preventing a borough code enforcement peace officer from carrying out the officer’s his duties; 488
or 489
490
C. With intent to delay or prevent a borough code enforcement peace officer from discharging 491
the officer’s lawful duties, the person he in any manner physically impedes or hinders the 492
borough code enforcement peace officer. 493
494
9.20.030 Penalty. 495
A person who interferes with, unlawfully assaults or threatens, or unlawfully strikes or wounds a 496
peace borough code enforcement officer in violation of KIBC 9.20.020 while he is performing 497
his duties is guilty of a violation misdemeanor, punishable by a fine of not more than $500.00 or 498
by imprisonment in jail for not more than 30 days, or by both, in addition to the surcharge required 499
to be imposed under AS 12.55.039. 500
501
Section 11: Kodiak Island Borough Code Title 10 Vehicles and Traffic, is amended to read as 502
follows: 503
504
TITLE 10 505
VEHICLES AND TRAFFIC 506
507
Chapters: 508
10.10 Junk or Abandoned Vehicles. 509
10.20 Stopping, Standing, and Parking. 510
511
10.10.005 Definitions. 512
For the purpose of this chapter the following definitions shall apply: 513
514
“Abandoned vehicle” means: any motorized or towed vehicle, wheeled or tracked, which has been 515
left unattended for a length of time which has resulted in the vehicle’s deterioration or destruction. 516
1. A registered vehicle that reasonably appears to have been left unattended, standing, 517
parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area 518
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Insertion – Bold, Blue, Underlined Version 1
in excess of 48 hours, that reasonably appears to have been left standing or parked on 519
private property in excess of 24 hours or upon other public property for more than 30 days, 520
without the consent of the owner or person in charge of the property; or 521
2. A wrecked or junk vehicle that reasonably appears to have been left unattended, 522
standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular 523
way or area in excess of 24 hours, or a wrecked or junk vehicle that reasonably appears to 524
have been left standing or parked on private property or other public property in excess of 525
24 hours and without the consent of the owner or person in charge of the property. 526
527
“Junk” means any worn out, cast-off, or discarded article or material which is ready for destruction 528
or has been collected or stored for conversion or salvage to some other use. 529
530
“Junk vehicle” means a vehicle that: 531
1. Is not currently registered (except for a vehicle used exclusively for competitive racing); 532
2. Is stripped, wrecked, or otherwise inoperable due to mechanical failure; 533
3. Has not been repaired because of mechanical difficulties or because the cost of repairs 534
required to make it operable exceeds the fair market value of the vehicle; or 535
4. Is in a condition that exhibits more than one of the following elements: 536
a. Broken glass; 537
b. Missing wheels or tires; 538
c. Missing body panels or parts; or 539
d. Missing drive train parts. 540
541
“Wrecked vehicle” means a vehicle that is disabled and cannot be used as a vehicle 542
without substantial repair or reconstruction. 543
544
10.10.010 Junk or abandoned vehicles. 545
A. It is unlawful for a person to store or abandon junk or a vehicle on a street or highway within 546
the borough. 547
548
B. It is unlawful for a person to store or abandon junk or a vehicle on public property not set aside 549
by law as a refuse disposal site open for the disposal of junk or vehicles. 550
551
C. It is unlawful for a person, without the consent of the property owner or person in possession 552
or control of property, to store or abandon junk or a vehicle on said property unless such property 553
is licensed as a junkyard and is open for disposal, or unless all necessary fees for removal and 554
storage have been paid and all other requirements of disposal have been met. 555
… 556
557
10.10.080 Penalties and remedies. 558
A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 559
10.10 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 560
appearance, upon payment of the fine amounts established in a schedule of fines adopted by the 561
borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state 562
surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in 563
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Kodiak Island Borough, Alaska Ordinance No. FY2020-09
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Insertion – Bold, Blue, Underlined Version 1
the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations 564
charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the 565
person may choose to appear in court and contest the citation. If a person charged with one of 566
these offenses appears in court and is found guilty, the penalty imposed for the offense may not 567
exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines, 568
the defendant must appear in court to answer to the charges. These fines may not be judicially 569
reduced. If a person is cited for an offense for which a scheduled fine has been established in the 570
schedule of fines and fails to pay a fine or appear in court, the citation shall be considered a 571
summons for a misdemeanor. 572
573
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 574
bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the 575
plaintiff suffered as a result of the violation. 576
577
C. Each act or condition violated in this chapter, and each day during which the act or condition 578
exists, continues or is repeated shall be a separate and distinct violation. 579
580
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 581
penalty provided for in state law or any civil remedy available to the borough. 582
583
CHAPTER 10.20 584
STOPPING, STANDING, AND PARKING 585
586
Sections: 587
10.20.005 Definitions. 588
10.20.010 Obstruction of rights-of-way. 589
10.20.020 Obstruction of service. 590
10.20.030 Penalties and remedies. 591
592
593
10.20.005 Definitions. 594
“Extreme weather event” means unexpected, unusual, unpredictable, severe, or 595
unseasonal weather which requires municipal intervention to prevent damage to property, 596
loss of life, or interruption of necessary public services. 597
598
10.20.010 Obstruction of rights-of-way. 599
A. No person shall park a vehicle on any borough-owned street or improved right-of-way, 600
for a period of time longer than 24 hours. 601
602
B. No person shall park, or allow or cause to be parked, on any borough-owned street or 603
right-of-way, any disabled or inoperable motor vehicle for a period to exceed 24 hours. 604
605
10.20.020 Obstruction of service. 606
A. Any person parking a vehicle on a borough-owned street or improved right-of-way shall 607
remove the subject vehicle within twelve hours of the issuance of a temporary parking 608
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closure. Temporary parking closure notifications shall be provided by borough officials 609
or service district representatives via public radio and temporary signage placed in the 610
vicinity of the closure. 611
612
B. During declared natural disasters, during extreme weather events or when a vehicle is 613
impeding necessary public services, where immediate action by the borough or service 614
district is required in order to maintain operability of the street or improved right of way, a 615
minimum of two borough officials, upon agreement, may have vehicles removed from the 616
right-of-way without notification to the vehicle’s owner prior to removal. 617
618
10.20.030 Penalties and remedies. 619
A. In accordance with AS 29.25.070(a), citations for the violation of Chapter 10.20 KIBC 620
may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 621
appearance, upon payment of the fine amounts established in a schedule of fines adopted 622
by the borough assembly by ordinance pursuant to Chapter 1.20 KIBC, plus the state 623
surcharge required by AS 12.55.039 and 29.25.074. 624
625
B. Penalties incurred and/or remedies sought for violations of this chapter are the 626
responsibility of the registered owner of the vehicle, any person who has acquired legal 627
title to the vehicle from or through the registered owner, or any person who has violated 628
KIBC 10.20.010 or 10.20.020. 629
630
C. Notwithstanding the availability of any other remedy, the borough or any aggrieved 631
person may bring a civil action to enjoin any violation of this chapter, or to obtain damages 632
for any injury the plaintiff suffered as a result of the violation, including, but not limited to, 633
the recovery of costs associated with towing and impoundment. 634
635
D. Each act or condition violated in this chapter, and each day during which the act or 636
condition exists, continues or is repeated shall be a separate and distinct violation. 637
638
E. The penalties provided for violation of this chapter are in addition to and not in lieu of 639
any other penalty provided for in state law or any civil remedy available to the borough. 640
641
Section 12: Kodiak Island Borough Code section 13.20.020, Administration enforcement 642
action, is amended to read as follows: 643
644
13.20.020 Administration enforcement action. 645
A. In any situation in which the borough engineer, or his authorized representative, has reason to 646
believe that the public health, safety or welfare requires corrective action, he may: 647
648
1. Exercise the right to entry for investigative purposes at all reasonable times and upon 649
presentation of proper credentials. If such entry is refused, the borough engineer, or 650
authorized representative, shall have recourse to every remedy provided by law to secure 651
entry; 652
653
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Kodiak Island Borough, Alaska Ordinance No. FY2020-09
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Insertion – Bold, Blue, Underlined Version 1
2. Order any work being done contrary to the provisions of this title to be stopped by serving 654
notice on any persons engaged in doing or causing the work to be done, and any such 655
persons shall forthwith stop such work until authorized in writing to proceed. If the order is 656
issued verbally, a written order shall be issued prior to the conclusion of the next regular 657
workday stating the nature of the work to be stopped; and 658
659
3. Order the abatement of any condition affecting the public health, safety, and welfare. If the 660
order is given verbally, a written order shall be issued prior to the conclusion of the next 661
regular workday setting forth the nature of the abatement action and the time allowed for 662
compliance. 663
664
B. Upon complaint by a citizen, or upon his own initiative, the borough engineer may, after 665
investigation, initiate criminal proceedings against any person for the violation of this title. Except 666
for prosecution for failing to comply with an order issued under subsection A of this section, the 667
borough engineer shall give at least 10 days’ written notice of intent to prosecute and may initiate 668
criminal proceedings only if the violation is not cured, and if the person who is the subject of the 669
notice fails to seek appropriate administration relief within the notice period. 670
671
Section 13: Kodiak Island Borough Code section 13.20.050, Penalties and remedies, is 672
amended to read as follows: 673
674
13.20.050 Penalties and remedies. 675
A. A person who violates any provision of this title, or any order issued under KIBC 13.20.020(A), 676
is guilty of a violation misdemeanor and, upon conviction, is punishable by a fine of not more 677
than $500.00 for each day of violation, in addition to the surcharge required to be imposed under 678
AS 12.55.039. 679
680
B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 681
title, or the violation of any order issued under KIBC 13.20.020(A), and to obtain damages for any 682
injury the plaintiff suffered as the result of the violation. An action for injunction under this section 683
may be brought notwithstanding the availability of any other remedy. Upon application for 684
injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin 685
the violation. 686
687
Section 14: Kodiak Island Borough Code section 15.50.030, Penalties and remedies, is 688
amended to read as follows: 689
690
15.50.030 Penalties and remedies. 691
A. A person who violates any provision of this title or any order issued under KIBC 15.50.010 is 692
guilty of a violation misdemeanor and upon conviction is punishable by a fine of not more than 693
$300.00, in addition to the surcharge required to be imposed under AS 12.55.039. Each day of 694
violation constitutes a separate offense. 695
696
B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 697
title, or any order issued under KIBC 15.50.010, and to obtain damages for any injury the plaintiff 698
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suffered as a result of the violation. An action for injunction under this section may be brought 699
notwithstanding the availability of any other remedy. Upon application for injunctive relief and the 700
finding of an existing or threatened violation, the superior court shall enjoin the violation. 701
702
C. Each act or condition violating this title or any order issued under KIBC 15.50.010, and each 703
day during which the act or condition exists, continues, or is repeated shall be a separate and 704
distinct violation. 705
706
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 707
penalty provided for in state law or any civil remedy available to the borough. 708
709
Section 15: Kodiak Island Borough Code section 16.10.030, Scope and jurisdiction, is 710
amended to read as follows: 711
712
16.10.030 Scope and jurisdiction. 713
A. This title governs the subdivision of all land within the borough. No subdivision plat requiring 714
borough approval shall be recorded unless approved by the borough or a standard subdivision 715
agreement has been executed with the borough. 716
717
B. These subdivision regulations do not apply to any lot or subdivision legally created and filed 718
for record prior to the effective date of these regulations, nor to subdivisions given preliminary or 719
final approval by the commission under the previously existing title, except in the instance of 720
further subdivision of existing lots or tracts. 721
722
C. The owner or agent of the owner of land located within a subdivision who transfers, sells, or 723
enters into a contract to sell land in a subdivision before a plat of the subdivision has been 724
approved and recorded is guilty of a violation misdemeanor and upon conviction is punishable 725
by a fine of not more than $300.00 for each lot or parcel transferred, sold, or included in a contract 726
to be sold. The borough may enjoin such a transfer, sale, or contract to sell and may recover the 727
penalty by appropriate legal action. 728
729
D. No agency of the state or local government may acquire property through the process of 730
eminent domain which results in a boundary change unless the agency or local government first 731
obtains from the commission preliminary approval of the replat showing clearly the location of the 732
proposed public streets, easements, rights-of-way, and other taking of private property. 733
Final approval of the replat shall be obtained within six months of the acquisition. The commission 734
shall treat applications for replat made by state or local governmental agencies in the same 735
manner as replat petitions originated by private land owners. 736
737
E. No person may file a plat or seek to have a plat filed unless it bears the approval of the borough. 738
A person who knowingly violates this requirement is punishable upon conviction by a fine of not 739
more than $300.00. 740
741
F. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title, 742
any transfer or sale of an unlawfully subdivided parcel, the violation of any term or condition of 743
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any plat or other entitlement approved under this title, and to obtain damages for any injury the 744
plaintiff suffered as a result of the violation. An action for injunction under this section may be 745
brought notwithstanding the availability of any other remedy. Upon application for injunctive relief 746
and a finding of an existing or threatened violation, the superior court shall enjoin the violation. 747
748
Section 16: Kodiak Island Borough Code Chapter 17.210, Enforcement, Penalties and 749
Remedies, is amended to read as follows: 750
751
Chapter 17.210 752
ENFORCEMENT, PENALTIES AND REMEDIES 753
754
Sections: 755
17.210.010 Administrative enforcement action. 756
17.210.020 Administrative inspections. 757
17.210.030 Penalties and remedies. 758
17.210.040 Responsibility for violations. 759
760
17.210.010 Administrative enforcement action. 761
A. The zoning officer manager or designee may order: 762
763
1. The discontinuation of unlawful uses of land or structures; 764
2. The removal or abatement of unlawful structures, or any unlawful additions or alterations 765
thereto; 766
3. The discontinuation of construction or other preparatory activity leading to an unlawful 767
structure or an unlawful use of a land or structure; 768
4. When necessary to ensure compliance with this title, the suspension or revocation of 769
building permits, variances, or other borough land use entitlements. 770
771
B. Upon complaint by a citizen, or upon his their own initiative, the any borough code 772
enforcement officer authorized to enforce this title zoning officer may, after investigation, 773
initiate criminal proceedings against any person for the violation of this title. Except for 774
prosecutions for failing to comply with an order issued under subsection A of this section or where 775
the protection of public health and safety require immediate action, the borough code 776
enforcement officer zoning officer shall give at least 10 days’ written notice of intent to prosecute, 777
and may initiate criminal proceedings only if the violation is not cured within the notice period. 778
779
17.210.020 Administrative inspections. 780
In accordance with this section, the a borough code enforcement officer zoning officer may 781
make inspections of buildings or premises to check for zoning violations. When the officer 782
necessary to enforce the provisions of this title. When the zoning officer has reasonable cause to 783
believe that in any building or on any premises there exists any violation of this title, he the officer 784
may enter such building or premises if: at any reasonable time to inspect the same or perform 785
any of his duties under this title; provided, that where the Constitution of the United States or the 786
state of Alaska requires that the zoning officer obtain a search warrant before making an 787
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inspection, he shall not make the inspection until authorized to do so by a search warrant issued 788
by a court of competent jurisdiction. 789
790
1. The owner or lessee has given consent; or 791
2. A judicially granted search warrant has been obtained. 792
793
17.210.030 Penalties and remedies. 794
A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or 795
any term or condition of a conditional use, variance or other entitlement issued under this title, is 796
guilty of a violation misdemeanor and upon conviction is punishable by a fine of not more than 797
$300.00, in addition to the surcharge required to be imposed under AS 12.55.039. 798
799
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 800
bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A), 801
or any term or condition of a conditional use, variance or other entitlement issued under this 802
chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An 803
action for injunction under this section may be brought notwithstanding the availability of any other 804
remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, 805
the superior court shall enjoin the violation. 806
807
C. Each act or condition violating this title, any order issued under KIBC 17.210.010(A), or any 808
term or condition of a conditional use, variance, or other entitlement issued under this title, and 809
each day during which the act or condition exists, continues or is repeated shall be a separate 810
and distinct violation. 811
812
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 813
penalty provided for in state law or any civil remedy available to the borough. 814
815
17.210.040 Responsibility for violations. 816
The record owner, and any person in possession or control of property maintained in 817
violation of this title is responsible for the violation and is subject to prosecution in 818
accordance with Chapter 1.20 KIBC and this Chapter 17.210. 819
820
Section 17: Kodiak Island Borough Code section 18.35.050, Penalties and remedies, is 821
amended to read as follows: 822
823
18.35.050 Penalties and remedies. 824
A. A person who violates the provisions of this chapter is guilty of a violation misdemeanor and 825
upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge 826
required to be imposed under AS 12.55.039. 827
828
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 829
bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the 830
plaintiff suffered as a result of the violation. 831
832
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Deletion – Red, Strikeout Page 21 of 21
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C. Each act or condition violating this chapter, and each day during which the act or condition 833
exists, continues or is repeated, shall be a separate and distinct violation. 834
835
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 836
penalty provided for in state law or any civil remedy available to the borough. 837
838
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 839
ordinance takes effect upon adoption or at a later date specified in the ordinance.) 840
841
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 842
THIS __________ DAY OF _______________, 2020. 843
844
KODIAK ISLAND BOROUGH ATTEST: 845
846
847
___________________________ ___________________________ 848
Bill Roberts, Mayor Tara Welinsky, Clerk 849
850
VOTES: 851
Ayes: 852
Noes: 853
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Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 1 of 19
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
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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 plus the state surcharge required by AS 12.55.039 and 29.25.074. For purposes of 53
elevated fines for subsequent offenses, a prior offense is within the time period for consideration 54
if the conviction for that offense occurred within 3 years prior to the date of the present alleged 55
violation. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses 56
listed in the established schedule of fines. Citations charging these offenses must meet the 57
requirements of Minor Offense Rule 3. If a person charged with one of these offenses appears in 58
court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for 59
that offense listed. If an offense is not listed on this schedule of fines, or if an offense is listed as 60
requiring a mandatory court appearance, the defendant must appear in court to answer to the 61
charges. The fines prescribed in the fine schedule may not be judicially reduced. 62
63
C. The borough or an aggrieved person may institute a civil action against a person, including a 64
minor as provided in this subsection, who violates any provision of this code. In addition to 65
injunctive and compensatory relief, the penalty listed in the schedule of fines adopted by the 66
borough assembly, and not to exceed $1,000, may be imposed for each violation. An action to 67
enjoin a violation may be brought notwithstanding the availability of any other remedy. On 68
application for injunctive relief and a finding of a violation or a threatened violation, the superior 69
court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a 70
separate violation. 71
72
D. The borough shall provide written notice to the commissioner of health and social services or 73
to the commissioner’s designee of the commencement of a civil enforcement action for the 74
violation of an ordinance under subsection C of this section against a minor. Unless the 75
commissioner and the borough have negotiated an agreement making other arrangements for 76
the borough to provide the notice required by this subsection, the borough shall provide the notice 77
by mailing a copy of the citation or other document setting out the notice of the commencement 78
of the civil enforcement action. 79
80
E. In this section, “minor” means a person under 18 years of age. 81
82
F. Unless an ordinance authorizes use of a hearing officer, the enforcement of a civil penalty 83
against a minor for violation of any provision of this code shall be heard in the district court in the 84
same manner as for similar allegations brought against an adult, except that the minor’s parent, 85
guardian, or legal custodian shall be present at all proceedings unless the court excuses the 86
parent, guardian, or legal custodian from attendance for good cause. 87
88
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G. An action for a civil penalty filed against a minor under this section does not give rise to the 89
right to a trial by jury or to counsel appointed at public expense. 90
91
1.20.020 Scope of prohibitions. 92
When an ordinance of the borough prohibits an act or an omission, it shall be construed to prohibit 93
causing, aiding, abetting, or concealing the fact of the act or omission. 94
95
1.20.030 Code enforcement officer designation. 96
The manager may designate in writing as borough code enforcement officers those persons 97
authorized to enforce any part of this code. Any officer so designated to enforce some or all 98
provisions of the KIB Code shall be authorized to issue citations, or notices of violation where 99
permitted, for any violation of this code which the officer is authorized to enforce in the manner 100
provided by AS 12.25.180 through 12.25.230. Borough code enforcement officers appointed 101
under the authority of this section shall not have the general authority of police officers. 102
103
1.20.040 Application of fine schedule. 104
A. For voluntary disposition after either arraignment or application for entry of a default judgment, 105
the alleged violator may submit the amount set forth in the fine schedule, along with the required 106
statutory police training surcharge, to the court. 107
108
B. In the event any penalties or fines are not paid within 30 days after the date they are due 109
pursuant to the court’s order, such penalties or fines shall be delinquent. 110
111
C. Notwithstanding other provisions of this section, delinquent penalties and fines may be 112
collected through any lawful means. The cost of collection of such accounts shall be added to the 113
amount owed. 114
115
1.20.050 Fine schedule. 116
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
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Code Section Offense Penalty/Fine
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
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
117
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Kodiak Island Borough, Alaska Ordinance No. FY2020-09
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Insertion – Bold, Blue, Underlined Version 1
The schedule of fines shall be reviewed annually by the borough assembly during the 118
development of the budget. The community development director shall review the fines for 119
consistency with the State of Alaska’s Rules of Minor Offense Procedure and present the findings 120
to the borough assembly for consideration during its review. 121
122
Section 3: Kodiak Island Borough Code section 6.04.270, Penalties and remedies, is 123
amended to read as follows: 124
125
6.04.270 Penalties and remedies. 126
A. In accordance with AS 29.25.070(a), citations for the certain violations of Chapter 6.04 KIBC 127
may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, 128
upon payment of the fine amounts established in a schedule of fines adopted by the borough 129
assembly by ordinance pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 130
12.55.039 and 29.25.074. 131
132
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 133
bring a civil action to enjoin any violation of this chapter. An action for injunction under this section 134
may be brought notwithstanding the availability of any other remedy. Upon application for 135
injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin 136
the violation. 137
138
C. Each act or condition violating this chapter, and each day during which the act or condition 139
exists when the owner or keeper is known to be aware of the condition, shall be a separate and 140
distinct violation except in circumstances where the violation is acknowledged and actively being 141
corrected. 142
143
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 144
penalty provided for in state law or any civil remedy available to the borough. 145
146
Section 4: Kodiak Island Borough Code section 8.20.030, Penalties and remedies, is 147
amended to read as follows: 148
149
8.20.030 Penalties and remedies. 150
A. In accordance with AS 29.25.070(a), citations for the certain violations of Chapter 8.20 KIBC 151
may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, 152
upon payment of the fine amounts established in a schedule of fines adopted by the borough 153
assembly by ordinance pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 154
12.55.039 and 29.25.074. In addition, the court may order the person to gather and dispose of 155
litter in an area and for a length of time to be determined by the court. 156
157
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 158
bring a civil action to enjoin any violation of this chapter or to obtain damages for any injury the 159
plaintiff suffered as a result of the violation. 160
161
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C. Each act or condition violating this chapter and each day during which the act or condition 162
exists, continues or is repeated shall be a separate and distinct violation. 163
164
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 165
penalty provided for in state law or any civil remedy available to the borough. 166
167
Section 5: Kodiak Island Borough Code section 8.25.020, Definitions, is amended to read as 168
follows: 169
170
8.25.020 Definitions. 171
In this chapter, each of the following terms has the respective corresponding meaning: 172
173
“Bear cart” means a cart designed to be resistant to opening by bears. 174
175
“Bin” means a receptacle for storing solid waste that is picked up with front-end loading vehicles, 176
such as those having a three- to eight-yard capacity, sometimes referred to as a “dumpster.” 177
178
“Borough landfill” means the landfill owned by the borough. 179
180
“Bulky item(s)” means any large item of solid waste, as determined from time to time by the 181
manager which can be safely lifted by two individuals using a dolly, generated at residential 182
premises and discarded at residential set-out sites, such as the following: 183
1. Furniture, including metal desks and storage cabinets; 184
2. Pianos and organs; 185
3. Televisions; 186
4. Large appliances, including washers, driers, refrigerators, freezers, dishwashers and 187
stoves; 188
5. Toys, bikes, and dismantled swing sets; 189
6. Lawn mowers and snow blowers with no gas or oil in them, up to four auto or pickup 190
tires per customer each calendar month, with rims removed; and 191
7. Any item, other than lumber, that can be cut or broken down meeting the following 192
requirements: 193
a. Not longer than four feet in length; and 194
b. Weighing no more than 70 pounds. 195
196
“Bulky items” does not mean the following: 197
1. Material generated at nonresidential premises, including commercial business 198
operations; 199
2. Bundled yard waste, branches; 200
3. Sod, soil, and rock; 201
4. Broken concrete and asphalt; 202
5. Brick, block, and stone; 203
6. Railroad ties or similar type of retaining wall timbers; 204
7. Remodeling debris, including shingles; 205
8. Carpeting; 206
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9. Sinks, concrete laundry tubs, and cast iron plumbing fixtures; 207
10. Windows and doors; 208
11. Lumber; 209
12. Animal waste, including all excrement from domestic animals and fowl, and all hay, 210
straw, or other materials that have been used for animals’ or fowls’ bedding; 211
13. Liquids, including paint; 212
14. Hazardous waste, including household hazardous waste; 213
15. Fuel oil tanks; and 214
16. Any automotive parts, including vehicle batteries and tires. 215
216
“C&D (Construction & Demolition) Debris” means any Solid Waste discarded in Dumpsters 217
or Roll-off Containers that the Contract hauler must collect under the On-Call Temporary 218
Dumpster and Roll-Off Collection Service section of the approved Collection contract, 219
such as the following: 220
1. Bundled yard waste, branches; 221
2. Sod, soil and rock; 222
3. Broke concrete and asphalt; 223
4. Brick, block, and stone; 224
5. Railroad ties or similar type of retaining wall timbers; 225
6. Remodeling debris; 226
7. Carpeting; 227
8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures; 228
9. Windows and doors; and 229
10. Lumber. 230
231
“Cart” means a wheeled receptacle for storing solid waste that can be emptied by either 232
semi- or fully-automated vehicles. 233
234
“Collection contract” means the contract described between the contract hauler and the 235
borough for collection of solid waste and transportation to the borough landfill. 236
237
“Collection service area” means all premises accessible via roads maintained by the state 238
of Alaska, the borough, the city of Kodiak, or the U.S. government, in and around Kodiak 239
City and within the boundaries of the borough, except for the USCG facilities and past 240
milepost one of Anton Larsen Road. 241
242
“Commercial” describes people, such as customers, places, such as premises, or things, 243
such as carts or types of solid waste, in the borough that are not residential or multifamily. 244
245
“Compactor” means a receptacle containing a ram that pushes and compresses waste 246
into a container or bale. 247
248
“Contract hauler” means the contractor under the municipal solid waste collection contract. 249
250
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Kodiak Island Borough, Alaska Ordinance No. FY2020-09
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“Dead animal” means the carcass from an animal, large or small, except part of an animal used 251
for food or other beneficial purpose in accordance with federal, state or local laws and regulations. 252
Does not include fish or other primary aquatic animal. 253
254
“Disposal” or “dispose” means the act or action of discarding solid waste. 255
256
“Hazardous or toxic waste” means any material that meets the definition of 40 C.F.R. 261 257
and AS 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or 258
pathological wastes, radioactive materials, explosive or highly flammable materials, oil 259
and petroleum products, and burning or smoldering materials. 260
261
“Household hazardous waste” means hazardous waste generated on residential premises. 262
263
“Manager” means the borough manager or designee. 264
265
“Multifamily” describes people, such as customers, places, such as premises, or things, 266
such as carts or types of solid waste, in the borough that are not residential premises. 267
268
“Multifamily premises” means premises that are not residential premises, and therefore 269
contains four or more dwelling units, including apartment complexes and trailer courts. 270
271
“Premises” means property having any habitable building, whether residential, 272
multifamily, or commercial. 273
274
“Recyclables” means materials which can be reprocessed, reconditioned, or adapted to 275
use again or for a new use or function. 276
277
“Residential premises” means a premises meeting both of the following conditions: 278
1. It contains one, two, or three dwelling unit(s); and 279
2. Each dwelling unit is occupied by related individuals, or by five or fewer unrelated 280
individuals. 281
282
“Roll-off” means an open-topped rectangular receptacle for storage, collection, and 283
transport of solid waste that is rolled on and off flatbed collection vehicles via winches or 284
reeving cylinders (hooks). 285
286
“Scavenging” means the controlled removal of waste materials for recycling or reuse. 287
288
“Sewage solids” means waste that passes the paint filter test, EPA Test Method 9095, 289
published in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 290
846, adopted by reference in 18 AAC 60.365, and has been removed from a wastewater 291
treatment system, sewer, septic tank, or other wastewater handling equipment; “sewage 292
solids” includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater 293
treatment sludge. 294
295
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“Solid waste” means “municipal solid waste” as defined in AS 46.03.900. 296
297
“Solid waste collection” means the act of removing solid waste from the central storage 298
point of a primary generating source, such as a residence or business, to a place of solid 299
waste disposal. 300
301
“Solid waste disposal” means the orderly process of finally disposing of solid waste. 302
303
“Solid waste generator” means anyone who creates solid waste during everyday living 304
and working. 305
306
“Solid waste storage” means the interim containment of solid waste, in an approved 307
manner, after generation and prior to collection and disposal. 308
309
Section 6: Kodiak Island Borough Code section 8.25.070, Solid waste storage and set-out, is 310
amended to read as follows: 311
312
8.25.070 Solid waste storage and set-out. 313
A. Storage. Each solid waste generator is responsible for the placement of that person’s cart so 314
that it will not easily be tipped, such as by an animal or the wind. Lids on bins or carts must be 315
kept closed to keep out rain, snow, and animals. Surplus liquids must be drained from solid waste 316
and placed in watertight bags before discarding them in containers. 317
318
B. Set-Out. 319
1. Site. Carts or bins must be placed in the following locations by the contract hauler or solid waste 320
collection service recipient: 321
322
a. Roadside; 323
b. In an adjacent alley; or 324
c. Within three feet of the roadway on which the contract hauler can drive its collection vehicles. 325
For example, if the serviced premises are adjacent to more than one street, alley, or roadway, the 326
contract hauler may instruct the customer to set out containers on only one specified street, alley, 327
or roadway. 328
329
The contract hauler may require alternative placement based on site-specific conditions. 330
331
2. Required Actions. Anyone who receives solid waste collection service, whether in a cart, bin, 332
or roll-off, must do the following: 333
334
a. Discard only securely bagged or bundled solid waste inside the cart, bin, or roll-off provided by 335
the contract hauler for that customer’s use; and 336
b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart, 337
bin, or roll-off. 338
339
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The contract hauler is not required to clean up solid waste discarded, scattered, littered, or 340
otherwise strewn outside the cart, bin, or roll-off, except for solid waste that the contract hauler 341
spills during collection and transportation. 342
343
3. Prohibited Conduct. 344
a. Anyone who utilizes solid waste cart collection service must not discard dead animals in the 345
cart. The discarding of any solid waste outside the cart is also prohibited, including the following 346
items: 347
348
i. Litter; 349
ii. Bulky items as defined by KIBC 8.25.020; 350
iii. C&D Debris as defined by KIBC 8.25.020; and 351
iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 352
353
b. Anyone who utilizes solid waste bin or roll-off collection services must securely close and latch 354
the bin or roll-off door or cover and must not discard dead animals in the bin or roll-off. The 355
discarding of any solid waste outside the bin or roll-off is also prohibited, including, but not limited 356
to, the following items: 357
358
i. Litter: 359
ii. Bulky items as defined by KIBC 8.25.020; 360
iii. C&D Debris as defined by KIBC 8.25.020; and 361
iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 362
363
No one may discard any material in a roll-off except for the roll-off provided by the contract hauler 364
for that person’s solid waste collection service. 365
366
C. Clearance and Access. A cart customer must maintain a minimum of three feet of clearance 367
between each cart and any mailbox, vehicle, snow berm, or other object that would obstruct 368
collection, including the arm on an automated collection truck. A cart customer must maintain 369
clear access to the cart set-out site so that the collection vehicles can lift and empty carts, 370
including clearing away snow and other obstructions, such as parked vehicles. 371
372
D. Bin Sharing. Two or more bin customers must share bins, and the allocable service charges 373
for solid waste collection, if directed by the contract hauler when there is limited space for set-out 374
or collection of bins. 375
376
E. Safety. Each customer must maintain its set-out site so that it is safely accessible to contract 377
hauler’s vehicles and employees. If the contract hauler determines that the set-out site is not safe, 378
it is not obligated to provide collection service there. Contractor will coordinate safe set-out 379
location with customer for each occurrence. 380
381
Section 7: Kodiak Island Borough Code section 8.25.220, Administration, implementation and 382
enforcement, is amended to read as follows: 383
384
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8.25.220 Administration, implementation, and enforcement. 385
The manager is authorized to administer, implement, and enforce this chapter and promulgate 386
related solid waste policy, unless this chapter expressly names another person. The manager 387
may request assistance from other persons or request that other persons administer, implement 388
and enforce all or a portion of this chapter. Examples of other persons are: 389
390
A. The director of finance or the auditor-controller, for example, with respect to collection of user 391
fees; 392
B. City of Kodiak police department; 393
C. Borough attorney; 394
D. Other borough departments; 395
E. District attorney; 396
F. Alaska State Department of Environmental Conservation; 397
G. Alaska Department of Fish and Game; 398
H. Alaska State Troopers; and 399
I. A Code enforcement officer designated under KIBC 1.20.030. 400
401
Section 8: Kodiak Island Borough Code section 8.25.230, Enforcement officer, is repealed. 402
403
Section 9: Kodiak Island Borough Code section 9.10.060, Penalty, is amended to read as 404
follows: 405
406
9.10.060 Penalty. 407
Penalties for violations of this chapter are as provided in Chapter 1.20 KIBC. In accordance with 408
AS 29.25.070(a), citations for the certain violations of Chapter 9.10 KIBC may be disposed of as 409
provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the 410
fine amounts established in a schedule of fines adopted by the borough assembly by ordinance 411
pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 12.55.039 and 29.25.074. 412
413
Section 10: Kodiak Island Borough Code Chapter 9.20, Peace Officers, is amended to read as 414
follows: 415
416
Chapter 9.20 417
CODE ENFORCEMENT OFFICERS 418
419
Sections: 420
9.20.010 Authority. 421
9.20.020 Interference with a borough code enforcement officer. 422
9.20.030 Penalty. 423
424
9.20.010 Authority. 425
The manager may in writing designate one or more employees of the borough as code 426
enforcement officers per KIBC 1.20.030. 427
428
9.20.020 Interference with a borough code enforcement officer. 429
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No person may interfere with a borough code enforcement officer while in the performance of the 430
officer’s duties. A person who does any of the following is guilty of interfering with a borough code 431
enforcement officer: 432
433
A. By use or threat of force or violence, the person prevents or attempts to prevent a borough 434
code enforcement officer from carrying out the officer’s duties; 435
436
B. By use or threat of force or violence, the person attempts to aid or aids a person in preventing 437
a borough code enforcement officer from carrying out the officer’s duties; or 438
439
C. With intent to delay or prevent a borough code enforcement officer from discharging the 440
officer’s lawful duties, the person in any manner physically impedes or hinders the borough code 441
enforcement officer. 442
443
9.20.030 Penalty. 444
A person who interferes with a borough code enforcement officer in violation of KIBC 9.20.020 is 445
guilty of a violation, punishable by a fine of not more than $500.00 in addition to the surcharge 446
required to be imposed under AS 12.55.039. 447
448
Section 11: Kodiak Island Borough Code Title 10 Vehicles and Traffic, is amended to read as 449
follows: 450
451
TITLE 10 452
VEHICLES AND TRAFFIC 453
454
Chapters: 455
10.10 Junk or Abandoned Vehicles. 456
10.20 Stopping, Standing, and Parking. 457
458
10.10.005 Definitions. 459
For the purpose of this chapter the following definitions shall apply: 460
461
“Abandoned vehicle” means: 462
1. A registered vehicle that reasonably appears to have been left unattended, standing, parked 463
upon or within 10 feet of the traveled portion of a highway or vehicular way or area in excess of 464
48 hours, that reasonably appears to have been left standing or parked on private property in 465
excess of 24 hours or upon other public property for more than 30 days, without the consent of 466
the owner or person in charge of the property; or 467
2. A wrecked or junk vehicle that reasonably appears to have been left unattended, standing, 468
parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area in 469
excess of 24 hours, or a wrecked or junk vehicle that reasonably appears to have been left 470
standing or parked on private property or other public property in excess of 24 hours and without 471
the consent of the owner or person in charge of the property. 472
473
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“Junk” means any worn out, cast-off, or discarded article or material which is ready for destruction 474
or has been collected or stored for conversion or salvage to some other use. 475
476
“Junk vehicle” means a vehicle that: 477
1. Is not currently registered (except for a vehicle used exclusively for competitive racing); 478
2. Is stripped, wrecked, or otherwise inoperable due to mechanical failure; 479
3. Has not been repaired because of mechanical difficulties or because the cost of repairs required 480
to make it operable exceeds the fair market value of the vehicle; or 481
4. Is in a condition that exhibits more than one of the following elements: 482
a. Broken glass; 483
b. Missing wheels or tires; 484
c. Missing body panels or parts; or 485
d. Missing drive train parts. 486
487
“Wrecked vehicle” means a vehicle that is disabled and cannot be used as a vehicle without 488
substantial repair or reconstruction. 489
490
10.10.010 Junk or abandoned vehicles. 491
A. It is unlawful for a person to store or abandon junk or a vehicle on a street or highway within 492
the borough. 493
494
B. It is unlawful for a person to store or abandon junk or a vehicle on public property not set aside 495
by law as a refuse disposal site open for the disposal of junk or vehicles. 496
497
C. It is unlawful for a person, without the consent of the property owner or person in possession 498
or control of property, to store or abandon junk or a vehicle on said property unless such property 499
is licensed as a junkyard and is open for disposal, or unless all necessary fees for removal and 500
storage have been paid and all other requirements of disposal have been met. 501
… 502
503
10.10.080 Penalties and remedies. 504
A. In accordance with AS 29.25.070(a), citations for violations of Chapter 10.10 KIBC may be 505
disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon 506
payment of the fine amounts established in a schedule of fines adopted by the borough assembly 507
by ordinance pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 12.55.039 508
and 29.25.074. 509
510
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 511
bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the 512
plaintiff suffered as a result of the violation. 513
514
C. Each act or condition violated in this chapter, and each day during which the act or condition 515
exists, continues or is repeated shall be a separate and distinct violation. 516
517
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D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 518
penalty provided for in state law or any civil remedy available to the borough. 519
520
CHAPTER 10.20 521
STOPPING, STANDING, AND PARKING 522
523
Sections: 524
10.20.005 Definitions. 525
10.20.010 Obstruction of rights-of-way. 526
10.20.020 Obstruction of service. 527
10.20.030 Penalties and remedies. 528
529
530
10.20.005 Definitions. 531
“Extreme weather event” means unexpected, unusual, unpredictable, severe, or unseasonal 532
weather which requires municipal intervention to prevent damage to property, loss of life, or 533
interruption of necessary public services. 534
535
10.20.010 Obstruction of rights-of-way. 536
A. No person shall park a vehicle on any borough-owned street or improved right-of-way, for a 537
period of time longer than 24 hours. 538
539
B. No person shall park, or allow or cause to be parked, on any borough-owned street or right-of-540
way, any disabled or inoperable motor vehicle for a period to exceed 24 hours. 541
542
10.20.020 Obstruction of service. 543
A. Any person parking a vehicle on a borough-owned street or improved right-of-way shall remove 544
the subject vehicle within twelve hours of the issuance of a temporary parking closure. Temporary 545
parking closure notifications shall be provided by borough officials or service district 546
representatives via public radio and temporary signage placed in the vicinity of the closure. 547
548
B. During declared natural disasters, during extreme weather events or when a vehicle is 549
impeding necessary public services, where immediate action by the borough or service district is 550
required in order to maintain operability of the street or improved right of way, a minimum of two 551
borough officials, upon agreement, may have vehicles removed from the right-of-way without 552
notification to the vehicle’s owner prior to removal. 553
554
10.20.030 Penalties and remedies. 555
A. In accordance with AS 29.25.070(a), citations for the violation of Chapter 10.20 KIBC may be 556
disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon 557
payment of the fine amounts established in a schedule of fines adopted by the borough assembly 558
by ordinance pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 12.55.039 559
and 29.25.074. 560
561
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Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 15 of 19
Insertion – Bold, Blue, Underlined Version 1
B. Penalties incurred and/or remedies sought for violations of this chapter are the responsibility 562
of the registered owner of the vehicle, any person who has acquired legal title to the vehicle from 563
or through the registered owner, or any person who has violated KIBC 10.20.010 or 10.20.020. 564
565
C. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 566
bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the 567
plaintiff suffered as a result of the violation, including, but not limited to, the recovery of costs 568
associated with towing and impoundment. 569
570
D. Each act or condition violated in this chapter, and each day during which the act or condition 571
exists, continues or is repeated shall be a separate and distinct violation. 572
573
E. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 574
penalty provided for in state law or any civil remedy available to the borough. 575
576
Section 12: Kodiak Island Borough Code section 13.20.020, Administration enforcement 577
action, is amended to read as follows: 578
579
13.20.020 Administration enforcement action. 580
A. In any situation in which the borough engineer, or his authorized representative, has reason to 581
believe that the public health, safety or welfare requires corrective action, he may: 582
583
1. Exercise the right to entry for investigative purposes at all reasonable times and upon 584
presentation of proper credentials. If such entry is refused, the borough engineer, or 585
authorized representative, shall have recourse to every remedy provided by law to secure 586
entry; 587
588
2. Order any work being done contrary to the provisions of this title to be stopped by serving 589
notice on any persons engaged in doing or causing the work to be done, and any such 590
persons shall forthwith stop such work until authorized in writing to proceed. If the order is 591
issued verbally, a written order shall be issued prior to the conclusion of the next regular 592
workday stating the nature of the work to be stopped; and 593
594
3. Order the abatement of any condition affecting the public health, safety, and welfare. If the 595
order is given verbally, a written order shall be issued prior to the conclusion of the next 596
regular workday setting forth the nature of the abatement action and the time allowed for 597
compliance. 598
599
B. Upon complaint by a citizen, or upon his own initiative, the borough engineer may, after 600
investigation, initiate proceedings against any person for the violation of this title. Except for 601
prosecution for failing to comply with an order issued under subsection A of this section, the 602
borough engineer shall give at least 10 days’ written notice of intent to prosecute and may initiate 603
proceedings only if the violation is not cured, and if the person who is the subject of the notice 604
fails to seek appropriate administration relief within the notice period. 605
606
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Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 16 of 19
Insertion – Bold, Blue, Underlined Version 1
Section 13: Kodiak Island Borough Code section 13.20.050, Penalties and remedies, is 607
amended to read as follows: 608
609
13.20.050 Penalties and remedies. 610
A. A person who violates any provision of this title, or any order issued under KIBC 13.20.020(A), 611
is guilty of a violation and, upon conviction, is punishable by a fine of not more than $500.00 for 612
each day of violation, in addition to the surcharge required to be imposed under AS 12.55.039. 613
614
B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 615
title, or the violation of any order issued under KIBC 13.20.020(A), and to obtain damages for any 616
injury the plaintiff suffered as the result of the violation. An action for injunction under this section 617
may be brought notwithstanding the availability of any other remedy. Upon application for 618
injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin 619
the violation. 620
621
Section 14: Kodiak Island Borough Code section 15.50.030, Penalties and remedies, is 622
amended to read as follows: 623
624
15.50.030 Penalties and remedies. 625
A. A person who violates any provision of this title or any order issued under KIBC 15.50.010 is 626
guilty of a violation and upon conviction is punishable by a fine of not more than $300.00, in 627
addition to the surcharge required to be imposed under AS 12.55.039. Each day of violation 628
constitutes a separate offense. 629
630
B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 631
title, or any order issued under KIBC 15.50.010, and to obtain damages for any injury the plaintiff 632
suffered as a result of the violation. An action for injunction under this section may be brought 633
notwithstanding the availability of any other remedy. Upon application for injunctive relief and the 634
finding of an existing or threatened violation, the superior court shall enjoin the violation. 635
636
C. Each act or condition violating this title or any order issued under KIBC 15.50.010, and each 637
day during which the act or condition exists, continues, or is repeated shall be a separate and 638
distinct violation. 639
640
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 641
penalty provided for in state law or any civil remedy available to the borough. 642
643
Section 15: Kodiak Island Borough Code section 16.10.030, Scope and jurisdiction, is 644
amended to read as follows: 645
646
16.10.030 Scope and jurisdiction. 647
A. This title governs the subdivision of all land within the borough. No subdivision plat requiring 648
borough approval shall be recorded unless approved by the borough or a standard subdivision 649
agreement has been executed with the borough. 650
651
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Kodiak Island Borough, Alaska Ordinance No. FY2020-09
Deletion – Red, Strikeout Page 17 of 19
Insertion – Bold, Blue, Underlined Version 1
B. These subdivision regulations do not apply to any lot or subdivision legally created and filed 652
for record prior to the effective date of these regulations, nor to subdivisions given preliminary or 653
final approval by the commission under the previously existing title, except in the instance of 654
further subdivision of existing lots or tracts. 655
656
C. The owner or agent of the owner of land located within a subdivision who transfers, sells, or 657
enters into a contract to sell land in a subdivision before a plat of the subdivision has been 658
approved and recorded is guilty of a violation and upon conviction is punishable by a fine of not 659
more than $300.00 for each lot or parcel transferred, sold, or included in a contract to be sold. 660
The borough may enjoin such a transfer, sale, or contract to sell and may recover the penalty by 661
appropriate legal action. 662
663
D. No agency of the state or local government may acquire property through the process of 664
eminent domain which results in a boundary change unless the agency or local government first 665
obtains from the commission preliminary approval of the replat showing clearly the location of the 666
proposed public streets, easements, rights-of-way, and other taking of private property. 667
Final approval of the replat shall be obtained within six months of the acquisition. The commission 668
shall treat applications for replat made by state or local governmental agencies in the same 669
manner as replat petitions originated by private land owners. 670
671
E. No person may file a plat or seek to have a plat filed unless it bears the approval of the borough. 672
A person who knowingly violates this requirement is punishable upon conviction by a fine of not 673
more than $300.00. 674
675
F. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title, 676
any transfer or sale of an unlawfully subdivided parcel, the violation of any term or condition of 677
any plat or other entitlement approved under this title, and to obtain damages for any injury the 678
plaintiff suffered as a result of the violation. An action for injunction under this section may be 679
brought notwithstanding the availability of any other remedy. Upon application for injunctive relief 680
and a finding of an existing or threatened violation, the superior court shall enjoin the violation. 681
682
Section 16: Kodiak Island Borough Code Chapter 17.210, Enforcement, Penalties and 683
Remedies, is amended to read as follows: 684
685
Chapter 17.210 686
ENFORCEMENT, PENALTIES AND REMEDIES 687
688
Sections: 689
17.210.010 Administrative enforcement action. 690
17.210.020 Administrative inspections. 691
17.210.030 Penalties and remedies. 692
17.210.040 Responsibility for violations. 693
694
17.210.010 Administrative enforcement action. 695
A. The manager or designee may order: 696
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Insertion – Bold, Blue, Underlined Version 1
697
1. The discontinuation of unlawful uses of land or structures; 698
2. The removal or abatement of unlawful structures, or any unlawful additions or alterations 699
thereto; 700
3. The discontinuation of construction or other preparatory activity leading to an unlawful 701
structure or an unlawful use of a land or structure; 702
4. When necessary to ensure compliance with this title, the suspension or revocation of 703
building permits, variances, or other borough land use entitlements. 704
705
B. Upon complaint by a citizen, or upon their own initiative, any borough code enforcement officer 706
authorized to enforce this title may, after investigation, initiate proceedings against any person for 707
the violation of this title. Except for prosecutions for failing to comply with an order issued under 708
subsection A of this section or where the protection of public health and safety require immediate 709
action, the borough code enforcement officer shall give at least 10 days’ written notice of intent to 710
prosecute, and may initiate proceedings only if the violation is not cured within the notice period. 711
712
17.210.020 Administrative inspections. 713
In accordance with this section, a borough code enforcement officer may make inspections of 714
buildings or premises to check for zoning violations. When the officer has reasonable cause to 715
believe there exists a violation of this title, the officer may enter such building or premises if: 716
717
1. The owner or lessee has given consent; or 718
2. A judicially granted search warrant has been obtained. 719
720
17.210.030 Penalties and remedies. 721
A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or 722
any term or condition of a conditional use, variance or other entitlement issued under this title, is 723
guilty of a violation and upon conviction is punishable by a fine of not more than $300.00, in 724
addition to the surcharge required to be imposed under AS 12.55.039. 725
726
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 727
bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A), 728
or any term or condition of a conditional use, variance or other entitlement issued under this 729
chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An 730
action for injunction under this section may be brought notwithstanding the availability of any other 731
remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, 732
the superior court shall enjoin the violation. 733
734
C. Each act or condition violating this title, any order issued under KIBC 17.210.010(A), or any 735
term or condition of a conditional use, variance, or other entitlement issued under this title, and 736
each day during which the act or condition exists, continues or is repeated shall be a separate 737
and distinct violation. 738
739
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 740
penalty provided for in state law or any civil remedy available to the borough. 741
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Insertion – Bold, Blue, Underlined Version 1
742
17.210.040 Responsibility for violations. 743
The record owner, and any person in possession or control of property maintained in violation of 744
this title is responsible for the violation and is subject to prosecution in accordance with Chapter 745
1.20 KIBC and this Chapter 17.210. 746
747
Section 17: Kodiak Island Borough Code section 18.35.050, Penalties and remedies, is 748
amended to read as follows: 749
750
18.35.050 Penalties and remedies. 751
A. A person who violates the provisions of this chapter is guilty of a violation and upon conviction 752
is punishable by a fine of not more than $300.00, in addition to the surcharge required to be 753
imposed under AS 12.55.039. 754
755
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 756
bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the 757
plaintiff suffered as a result of the violation. 758
759
C. Each act or condition violating this chapter, and each day during which the act or condition 760
exists, continues or is repeated, shall be a separate and distinct violation. 761
762
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 763
penalty provided for in state law or any civil remedy available to the borough. 764
765
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 766
ordinance takes effect upon adoption or at a later date specified in the ordinance.) 767
768
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 769
THIS __________ DAY OF _______________, 2020. 770
771
KODIAK ISLAND BOROUGH ATTEST: 772
773
774
___________________________ ___________________________ 775
Bill Roberts, Mayor Tara Welinsky, Clerk 776
777
VOTES: 778
Ayes: 779
Noes: 780
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KODIAK ISLAND BOROUGH
Meeting Type: r s; oYJ Date: 1 3o 0
Please PRINT your name legibly Please PRINT your name legibly
d !��z 1440
S �`�� Lo N
WORK SESSION
DATE 4'
SCOTT ARNDT ATTENDED
DUAN E DVORAK ATTENDED
JULIE KAVANAUGH ATTENDED
ANDY SCHROEDER ATTENDED
REBECCA SKINNER ATTENDED
DENNIS SYMMONS ATTENDED
JAMES TURNER ATTENDED
MAYOR ROBERTS ATTENDED
ABSENT
ABSENT
ABSENT
ABSENT f-2 (X
ABSENT
ABSENT
ABSENT