FY2020-09 Amending Titles 1, 6, 8, 9, 10, 13, 15, 16, 17, and 18 of the Borough Code to Clarify and Make Consistent Language Relating to Code Enforcement1
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Introduced by: Borough Manager
Drafted by: Borough Manager
Introduced on: 02/06/2020
Public Hearing Date: 02/20/20
Adopted on: 2/20/20
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2020-09
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
TITLES 1, 6, 8, 9, 10, 13, 15, 16, 17 AND 18 OF THE BOROUGH CODE TO CLARIFY AND
MAKE CONSISTENT LANGUAGE RELATING TO CODE ENFORCEMENT
WHEREAS, in 2014 the Borough Assembly chose to proceed with modifications to the Kodiak
Island Borough Code to accommodate inclusion of certain Borough Code violations in the Alaska
Uniform Minor Offense Table (UMOT), thus allowing enforcement with citations; and
WHEREAS, the Assembly finds that potential jail time and labelling certain code violations as
misdemeanors restricts the ability to enforce those offenses through a citation process; and
WHEREAS, the Assembly finds that it is appropriate to update references to enforcement
officers in the Borough Code to eliminate different terms referring to the same functions; and
WHEREAS, the Assembly finds that it is in the public interest to enable Borough staff to enforce
the Borough Code using the minor offense process through the Alaska Court system.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: Sections 2 through 17 of this ordinance are of a general and permanent nature
and shall become a part of the Kodiak Island Borough Code of Ordinances.
Section 2: Kodiak Island Borough Code Chapter 1.20, General Penalty, is amended to read
as follows:
Chapter 1.20
GENERAL PENALTY
Sections:
1.20.010
Designated.
1.20.020
Scope of prohibitions.
1.20.030
Code enforcement officer designation.
1.20.040
Application of fine schedule.
1.20.050
Fine schedule.
1.20.010 Designated.
Kodiak Island Borough, Alaska
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Ordinance No. FY2020-09
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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
of $1,000, in addition to the surcharge required under AS 12.55.039. If another penalty is
established by ordinance for the provision violated and that penalty is listed in the schedule of
fines adopted by the borough assembly, that penalty shall apply.
B. In accordance with AS 29.25.070(a), citations for the certain offenses of KIBC may be disposed
of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of
the fine amounts established in a schedule of fines adopted by the borough assembly by
ordinance reselutien, plus the state surcharge required by AS 12.55.039 and 29.25.074. For
purposes of elevated fines for subsequent offenses, a prior offense is within the time
period for consideration if the conviction for that offense occurred within 3 years prior to
the date of the present alleged violation. The Rules of Minor Offense Procedure in the Alaska
Rules of Court apply to all offenses listed in the established schedule of fines. Citations charging
these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with
one of these offenses appears in court and is found guilty, the penalty imposed for the offense
may not exceed the fine amount for that offense listed. If an offense is not listed on this schedule
of fines, or if an offense is listed as requiring a mandatory court appearance, the defendant
must appear in court to answer to the charges. These fines prescribed in the fine schedule may
not be judicially reduced.
C. The borough or an aggrieved person may institute a civil action against a person, including a
minor as provided in this subsection, who violates any provision of this code. In addition to
injunctive and compensatory relief, the penalty listed in the schedule of fines adopted by the
borough assembly, and not to exceed $1,000, may be imposed for each violation. An action to
enjoin a violation may be brought notwithstanding the availability of any other remedy. On
application for injunctive relief and a finding of a violation or a threatened violation, the superior
court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a
separate violation.
D. The borough shall provide written notice to the commissioner of health and social services or
to the commissioner's designee of the commencement of a civil enforcement action for the
violation of an ordinance under subsection C of this section against a minor. Unless the
commissioner and the borough have negotiated an agreement making other arrangements for
the borough to provide the notice required by this subsection, the borough shall provide the notice
by mailing a copy of the citation or other document setting out the notice of the commencement
of the civil enforcement action.
E. In this section, "minor" means a person under 18 years of age.
F. Unless an ordinance authorizes use of a hearing officer, the enforcement of a civil penalty
against a minor for violation of any provision of this code shall be heard in the district court in the
same manner as for similar allegations brought against an adult, except that the minor's parent,
guardian, or legal custodian shall be present at all proceedings unless the court excuses the
parent, guardian, or legal custodian from attendance for good cause.
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Ordinance No. FY2020-09
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G. An action for a civil penalty filed against a minor under this section does not give rise to the
right to a trial by jury or to counsel appointed at public expense.
1.20.020 Scope of prohibitions.
When an ordinance of the borough prohibits an act or an omission, it shall be construed to prohibit
causing, aiding, abetting, or concealing the fact of the act or omission.
1.20.030 Code enforcement officer designation.
The manager may designate in writing as borough code enforcement officers those
persons authorized to enforce any part of this code. Any officer so designated to enforce
some or all provisions of the KIB Code shall be authorized to issue citations, or notices of
violation where permitted, for any violation of this code which the officer is authorized to
enforce in the manner provided by AS 12.25.180 through 12.25.230. Borough code
enforcement officers appointed under the authority of this section shall not have the
general authority of police officers.
1.20.040 Application of fine schedule.
A. For voluntary disposition after either arraignment or application for entry of a default
judgment, the alleged violator may submit the amount set forth in the fine schedule, along
with the required statutory police training surcharge, to the court.
B. In the event any penalties or fines are not paid within 30 days after the date they are due
pursuant to the court's order, such penalties or fines shall be delinquent.
C. Notwithstanding other provisions of this section, delinquent penalties and fines may be
collected through any lawful means. The cost of collection of such accounts shall be added
to the amount owed.
1.20.050 Fine schedule.
Code Section
Offense
Penalt /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
100
subsequent offenses)
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
LIL3
subsequent offenses)
Kodiak Island Borough, Alaska
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Ordinance No. FY2020-09
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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(8)&(D)
Control of Animals (2nd offense)
83
KIBC 6.04.100(6)&(D)
Control of Animals (3rd and subsequent
110
offenses
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
83
subsequent offenses)
KIBC
6.04.120(A,B,C)&(D)
Animal Identification (1st offense)
28
KIBC
6.04.120(A,B,C)&(D)
Animal Identification (2nd offense)
55
KIBC
6.04.120(A,B,C)&(D)
Animal Identification (3rd and subsequent
83
offenses
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
83
offenses
KIBC 8.25.070(B)(3)(b)
Solid Waste Storage and Set -out (151 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 (3'd offense)
500
KIBC 8.25.070(B)(3)(b)
Solid Waste Storage and Set -out (41h and
1000
subsequent offenses)
KIBC 10.10.010
Junk Vehicles (11t offense)
450
KIBC 10.10.010
Junk Vehicles (2"d 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 (3`d and
200
subsequent offenses)
KIBC 10.20.020
Obstruction of Service (11t offense)
50
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Code Section
Offense
Penalt /Fine
KIBC 10.20.020
Obstruction of Service (2nd offense)
100
KIBC 10.20.020
Obstruction of Service (3'd and subsequent
200
offenses
The schedule of fines shall be reviewed annually by the borough assembly during the
development of the budget. The community development director shall review the fines
for consistency with the State of Alaska's Rules of Minor Offense Procedure and present
the findings to the borough assembly for consideration during its review.
Section 3: Kodiak Island Borough Code section 6.04.270, Penalties and remedies, is
amended to read as follows:
6.04.270 Penalties and remedies.
A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter
6.04 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court
appearance, upon payment of the fine amounts established in a schedule of fines adopted by the
borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state
surcharge required by AS 12.55.039 and 29.25.074.
the ^Alawkc4Raies-efGe,,•t apply to all offenses rcted in the .. stab lished hed le of ones /sir.. tin..
csen cc�i,cv,Tr,co—vrtanvrrc
Ghwging these eff8Rses must meet the FequiFemeRts Of MiRE)F OffeRse Rule 3. A!
gerSAn may Ghease to appear ,,.t .,na nentest the Aitatinn if . peFSGR Gh.,Fged with one 0f
these uses ap.peaps iR GOUFt and Rd guilty, may RE)
PxnPP.d i FAm, -nt f..r th;+t affense 4ste�fan affencn is mat liMerl .+n this rnhe.hde ..f Ane.
rn_:ma_r WA Von
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may
bring a civil action to enjoin any violation of this chapter. An action for injunction under this section
may be brought notwithstanding the availability of any other remedy. Upon application for
injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin
the violation.
C. Each act or condition violating this chapter, and each day during which the act or condition
exists when the owner or keeper is known to be aware of the condition, shall be a separate and
distinct violation except in circumstances where the violation is acknowledged and actively being
corrected.
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other
penalty provided for in state law or any civil remedy available to the borough.
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Section 4: Kodiak Island Borough Code section 8.20.030, Penalties and remedies, is
amended to read as follows:
8.20.030 Penalties and remedies.
A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter
8.20 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court
appearance, upon payment of the fine amounts established in a schedule of fines adopted by the
borough assembly by ordinance reselutieR pursuant to Chapter 1.20 KIBC, plus the state
surcharge required by AS 12.55.039 and 29.25.074. The Rules Of nnORAN nff8Rse DroGe .
the Alaska Rules of (`.. Ft aEmly to all offe Ryes lisle in the established
peaR GGLAR,
SUMMeRS fer�,;,i Fne@ROR In addition, the court may order the person to gather and dispose
of litter in an area and for a length of time to be determined by the court.
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may
bring a civil action to enjoin any violation of this chapter or to obtain damages for any injury the
plaintiff suffered as a result of the violation.
C. Each act or condition violating this chapter and each day during which the act or condition
exists, continues or is repeated shall be a separate and distinct violation.
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other
penalty provided for in state law or any civil remedy available to the borough.
Section 5: Kodiak Island Borough Code section 8.25.020, Definitions, is amended to read as
follows:
8.25.020 Definitions.
In this chapter, each of the following terms has the respective corresponding meaning:
"Bear cart" means a cart designed to be resistant to opening by bears.
"Bin" means a receptacle for storing solid waste that is picked up with front-end loading vehicles,
such as those having a three- to eight -yard capacity, sometimes referred to as a "dumpster."
`Borough landfill' means the landfill owned by the borough.
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"Bulky item(s)" means any large item of solid waste, as determined from time to time by the
manager which can be safely lifted by two individuals using a dolly, generated at residential
premises and discarded at residential set -out sites, such as the following:
1. Furniture, including metal desks and storage cabinets;
2. Pianos and organs;
3. Televisions;
4. Large appliances, including washers, driers, refrigerators, freezers, dishwashers and
stoves;
5. Toys, bikes, and dismantled swing sets;
6. Lawn mowers and snow blowers with no gas or oil in them, up to four auto or pickup
tires per customer each calendar month, with rims removed; and
7. Any item, other than lumber, that can be cut or broken down meeting the following
requirements:
a. Not longer than four feet in length; and
b. Weighing no more than 70 pounds.
"Bulky items" does not mean the following:
1. Material generated at nonresidential premises, including commercial business
operations;
2. Bundled yard waste, branches;
3. Sod, soil, and rock;
4. Broken concrete and asphalt;
5. Brick, block, and stone;
6. Railroad ties or similar type of retaining wall timbers;
7. Remodeling debris, including shingles;
S. Carpeting;
9. Sinks, concrete laundry tubs, and cast iron plumbing fixtures;
10. Windows and doors;
11. Lumber;
12. Animal waste, including all excrement from domestic animals and fowl, and all hay,
straw, or other materials that have been used for animals' or fowls' bedding;
13. Liquids, including paint;
14. Hazardous waste, including household hazardous waste;
15. Fuel oil tanks; and
16. Any automotive parts, including vehicle batteries and tires.
"C&D (Construction & Demolition) Debris" means any Solid Waste discarded in Dumpsters
or Roll -off Containers that the Contract hauler must collect under the On -Call Temporary
Dumpster and Roll -Off Collection Service section of the approved Collection contract,
such as the following:
1. Bundled yard waste, branches:
2. Sod, soil and rock;
3. Broke concrete and asphalt;
4. Brick, block, and stone;
5. Railroad ties or similar type of retaining wall timbers;
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6. Remodeling debris;
7. Carpeting;
8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures;
9. Windows and doors; and
10. Lumber.
"Cart" means a wheeled receptacle for storing solid waste that can be emptied by either
semi- or fully -automated vehicles.
"Collection contract" means the contract described between the contract hauler and the
borough for collection of solid waste and transportation to the borough landfill.
"Collection service area" means all premises accessible via roads maintained by the state
of Alaska, the borough, the city of Kodiak, or the U.S. government, in and around Kodiak
City and within the boundaries of the borough, except for the USCG facilities and past
milepost one of Anton Larsen Road.
"Commercial" describes people, such as customers, places, such as premises, or things,
such as carts or types of solid waste, in the borough that are not residential or multifamily.
"Compactor" means a receptacle containing a ram that pushes and compresses waste
into a container or bale.
"Contract hauler" means the contractor under the municipal solid waste collection contract.
"Dead animal" means the carcass from an animal, large or small, except part of an animal
used for food or other beneficial purpose in accordance with federal, state or local laws
and regulations. Does not include fish or other primary aquatic animal.
"Disposal" or "dispose" means the act or action of discarding solid waste.
"Hazardous or toxic waste" means any material that meets the definition of 40 C.F.R. 261
and AS 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or
pathological wastes, radioactive materials, explosive or highly flammable materials, oil
and petroleum products, and burning or smoldering materials.
"Household hazardous waste" means hazardous waste generated on residential premises.
"Manager' means the borough manager or designee.
"Multifamily" describes people, such as customers, places, such as premises, or things,
such as carts or types of solid waste, in the borough that are not residential premises.
"Multifamily premises" means premises that are not residential premises, and therefore
contains four or more dwelling units, including apartment complexes and trailer courts.
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"Premises" means property having any habitable building, whether residential,
multifamily, or commercial.
"Recyclables" means materials which can be reprocessed, reconditioned, or adapted to
use again or for a new use or function.
"Residential premises" means a premises meeting both of the following conditions:
1. It contains one, two, or three dwelling unit(s); and
2. Each dwelling unit is occupied by related individuals, or by five or fewer unrelated
individuals.
"Roll -off' means an open -topped rectangular receptacle for storage, collection, and
transport of solid waste that is rolled on and off flatbed collection vehicles via winches or
reeving cylinders (hooks).
"Scavenging" means the controlled removal of waste materials for recycling or reuse.
"Sewage solids" means waste that passes the paint filter test, EPA Test Method 9095,
published in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW -
846, adopted by reference in 18 AAC 60.365, and has been removed from a wastewater
treatment system, sewer, septic tank, or other wastewater handling equipment; "sewage
solids" includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater
treatment sludge.
"Solid waste" means "municipal solid waste' as defined in AS 46.03.900.
"Solid waste collection" means the act of removing solid waste from the central storage
point of a primary generating source, such as a residence or business, to a place of solid
waste disposal.
"Solid waste disposal" means the orderly process of finally disposing of solid waste.
"Solid waste generator' means anyone who creates solid waste during everyday living
and working.
"Solid waste storage" means the interim containment of solid waste, in an approved
manner, after generation and prior to collection and disposal.
Section 6: Kodiak Island Borough Code section 8.25.070, Solid waste storage and set -out, is
amended to read as follows:
8.25.070 Solid waste storage and set -out.
A. Storage. Each solid waste generator is responsible for the placement of that person's biR a
cart so that it will not easily be tipped, such as by an animal or the wind. Lids on the bins or carts
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must be kept closed to keep out rain, snow, and animals. Surplus liquids must be drained from
solid waste and placed in watertight bags before discarding them in containers.
B. Set -Out.
1. Site. A^Y^^^ ,,,h^ •^^^`v^^ se -lid vVast^ ^^l!eGti^^ ^^^-^^ ^Carts or bins seNiGe must be
placed the'F saataine in the following locations by the contract hauler or solid waste collection
service recipient, OF as nGtF Gted by the ^^^f'^^' ha l^f:
a. Roadside;
b. In an adjacent alley; or
c. Within three feet of the roadway on which the contract hauler can drive its collection vehicles.
For example, if the serviced premises are adjacent to more than one street, alley, or roadway, the
contract hauler may instruct the customer to set out containers on only one specified street, alley,
or roadway.
The contract hauler may require alternative placement based on site-specific conditions.
2. Required Actions. Anyone who receives solid waste collection service, whether in a cart, bin,
or roll -off, must do the following:
a. Discard only securely bagged or bundled solid waste inside the cart, bin, or roll -off provided by
the contract hauler for that customer's use; and
a. b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside
the cart, bin, or roll -off caused by the person discarding the waste or by improper
use of the cart, bin or roll -off which causes solid waste to be left outside the
cart, bin or roll -off. Improper use of a cart, bin or roll -off includes:
L Discarding any material in a container for collection by the contract
hauler except solid waste.
ii. Discarding solid waste outside the solid waste container, except for
bulky items discarded at the time when, and place where, the contract
hauler is obligated to collect bulky items.
iii. Failing to tightly close, latch or secure container lids.
iv. Placing solid waste on top of or allowing solid waste to protrude from the
container.
V. Discarding solid waste in containers in excess of the weight limit that the
contract hauler prescribes on the container.
vi. Discarding solid waste for pickup anywhere except at the set -out site
designated by the contract hauler.
13. Prohibited Conduct.
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a. Anyone who rescives utilizes solid waste cart collection service, whetheF iR ^ ^^F* bin ^F F^"
e€-, must not de aRy of the folio discard dead animals in the cart. The discarding of any
solid waste outside the cart is also prohibited, including the following items:
M.ieasrrcirrr
i. Litter;
ii. Bulky items, ^ ^h as ppliaR^^^ bed SpFiRgS, mattresses f^F^'t re as defined by KIBC
8.25.020;
iii. C&D Debris as defined by KIBC 8.25.020 Nenb u' tems'i^'^d ^ the E'^fi^i'i^^ of "bulk
items" (SUGh as GOREMFUGtinn1ripmnintien waste, unless as allowed dUFiRg te
tnar 8.25.060(B), tree limbs i^,.,^ G"PpiRgs, aRimal waste); and
iv. Hazardous or toxic waste as defined by KIBC 8.25.020.
b. Anyone who utilizes solid waste bin or roll -off collection services must securely close
and latch the bin or roll -off door or cover. The discarding of any solid waste outside the
bin or roll -off is prohibited, including, but not limited to, the following items:
L Litter:
ii. Bulky items as defined by KIBC 8.25.020;
iii. C&D Debris as defined by KIBC 8.25.020; and
iv. Hazardous or toxic waste as defined by KIBC 8.25.020.
No one may discard any material in a roll -off except for the roll -off provided by the contract
hauler for that person's solid waste collection service.
C. Clearance and Access. A cart customer must maintain a minimum of three feet of clearance
between each cart and any mailbox, vehicle, snow berm, or other object that would obstruct
collection, including the arm on an automated collection truck. A cart customer must maintain
clear access to the cart set -out site so that the collection vehicles can lift and empty carts,
including clearing away snow and other obstructions, such as parked vehicles.
D. Bin Sharing. Two or more bin customers must share bins, and the allocable service charges
for solid waste collection, if directed by the contract hauler when there is limited space for set -out
or collection of bins.
E. Safety. Each customer must maintain its set -out site so that it is safely accessible to contract
hauler's vehicles and employees. If the contract hauler determines that the set -out site is not safe,
it is not obligated to provide collection service there. Contractor will coordinate safe set -out
location with customer for each occurrence.
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Section 7: Kodiak Island Borough Code section 8.25.220, Administration, implementation and
enforcement, is amended to read as follows:
8.25.220 Administration, implementation, and enforcement.
The manager is authorized to administer, implement, and enforce this chapter and promulgate
related solid waste policy, unless this chapter expressly names another person. The manager
may request assistance from other persons or request that other persons administer, implement
and enforce all or a portion of this chapter. Examples of other persons are:
A. The director of finance or the auditor -controller, for example, with respect to collection of user
fees;
B. City of Kodiak police department;
C. Borough attorney;
D. Other borough departments;
E. District attorney;
F. Alaska State Department of Environmental Conservation;
G. Alaska Department of Fish and Game;
H. Alaska State Troopers; and
I. An A Code enforcement officer designated under KIBC 1.20.030.
Section 8: Kodiak Island Borough Code section 8.25.230, Enforcement officer, is repealed.
Section 9: Kodiak Island Borough Code section 9.10.060, Penalty, is amended to read as
follows:
9.10.060 Penalty.
Penalties for violations of this chapter are as provided in Chapter 1.20 KIBC. In accordance with
AS 29.25.070(a), citations for the certain offenses violations of Chanter 9.10 KIBC may be
disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon
payment of the fine amounts established in a schedule of fines adopted by the borough assembly
by ordinance reselutien pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS
12.55.039 and 29.25.074. The Rules Of M . . OffeRse o.,,,.,,, in the massa Rules of Ge r
apply to @1 e#enses listed in the established gr.h.pHyle ef fines. Cit@tiORS GhaFgiRg these effeRse
must Fneet the FeqYiFeFneRt6 Of nae.. -Se RiAe Z niteMatiyely, the ..
• .e. .a.rs:.-:rnmira�.. ._.-� ..,_ _.■r_rss...:e:-• _ •- r_■.:xsNi
._ .••-
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Section 10: Kodiak Island Borough Code Chapter 9.20, Peace Officers, is amended to read as
follows:
Chapter 9.20
PEACE CODE ENFORCEMENT OFFICERS
Sections:
9.20.010 Authority.
9.20.020 Interference with a pease borough code enforcement officer.
9.20.030 Penalty.
9.20.010 Authority.
The manager may in writing designate one or more employees of the borough as pease code
enforcement officers per KIBC 1.20.030. • th the ^ theFity to issue Aitati^n^ ^^d ^'
9.20.020 Interference with a pease borough code enforcement officer.
No person may interfere with a peace borough code enforcement officer while he -is in the
performance of his the officer's duties. A person who does any of the following is guilty of
interfering with a peace borough code enforcement officer:
A. By use or threat of force or violence, the person he prevents or attempts to prevent a pease
borough code enforcement officer from carrying out the officer's his duties;
B. By use or threat of force or violence, the person he attempts to aid or aids a person in
preventing a borough code enforcement peace officer from carrying out the officer's his duties;
or
C. With intent to delay or prevent a borough code enforcement peace officer from discharging
the officer's lawful duties, the person he in any manner physically impedes or hinders the
borough code enforcement pease officer.
9.20.030 Penalty.
A person who interferes with, unlawfully assaults OF threatens, OF a
pease -borough code enforcement officer in violation of KIBC 9.20.020 while -he is mng
his -duties -is guilty of a violation misdamea+ger, punishable by a fine of not more than $500.00 er
b0mp4Senment4njaii4er-ne , in addition to the surcharge required
to be imposed under AS 12.55.039.
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Section 11: Kodiak Island Borough Code Title 10 Vehicles and Traffic, is amended to read as
follows:
TITLE 10
VEHICLES AND TRAFFIC
Chapters:
10.10 Junk or Abandoned Vehicles.
10.20 Stopping, Standing, and Parking.
10.10.005 Definitions.
For the purpose of this chapter the following definitions shall apply:
"Abandoned vehicle" means_ aRy ^t^.,,ed eF towed ve":^ e wheeled OFtFa ked ,. hiGh ti^g bpen
1. A registered vehicle that reasonably appears to have been left unattended, standinm
parked upon or within 10 feet of the traveled portion of a highwav or vehicular way or area
in excess of 48 hours, that reasonably appears to have been left standing or parked on
Private property in excess of 24 hours or upon other public property for more than 30 days,
without the consent of the owner or person in charge of the property: or
2. A wrecked or funk vehicle that reasonably appears to have been left unattended,
standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular
way or area in excess of 24 hours, or a wrecked or funk vehicle that reasonably appears to
have been left standing or parked on private property or other public property in excess of
24 hours and without the consent of the owner or person in charge of the property.
"Junk" means any worn out, cast-off, or discarded article or material which is ready for destruction
or has been collected or stored for conversion or salvage to some other use.
"Junk vehicle" means a vehicle that:
1. Is not currently registered per A.S. 28.10.11 (except for a vehicle used exclusively for
competitive racing);
2. Is stripped, wrecked, or otherwise inoperable due to structural inefficiencies or
mechanical failure;
3. Has not been repaired because of mechanical difficulties or because the cost of repairs
required to make it operable exceeds the fair market value of the vehicle: or
4. Is in a condition that exhibits more than one of the following elements:
a. Broken glass;
b. Missing wheels or tires;
c. Missing body panels or parts; or
d. Missing drive train parts.
"Wrecked vehicle" means a vehicle that is disabled and cannot be used as a vehicle
without substantial repair or reconstruction.
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10.10.010 Junk or abandoned vehicles.
A. It is unlawful for a person to store or abandon junk or a vehicle on a street or highway within
the borough.
B. It is unlawful for a person to store or abandon junk or a vehicle on public property not set aside
by law as a refuse disposal site open for the disposal of junk or vehicles.
C. It is unlawful for a person, without the consent of the property owner or person in possession
or control of property, to store or abandon junk or a vehicle on said property unless such property
is licensed as a junkyard and is open for disposal, or unless all necessary fees for removal and
storage have been paid and all other requirements of disposal have been met.
10.10.080 Penalties and remedies.
A. In accordance with AS 29.25.070(a), citations for the certain-effeases violations of Chapter
10_10 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court
appearance, upon payment of the fine amounts established in a schedule of fines adopted by the
borough assembly by ordinance resetutisn pursuant to Chapter 1.20 KIBC, plus the state
surcharge required by AS 12.55.039 and 29.25.074. The Rules of Mon 9##ease Rfesedure in
the Alas!(@ Rules of GauFt apply to all GffeRSeS listed iR the established SGhedule of fines. GitatiGas
nhrn'nn these nffenoeo .., o ..
o+ meet r enM f ne'n r Offense ��l
Oe 7 AIJ.L.rn n1',.n L, +hr.
..
pia,. Gh Gesn to apap y 4`I {peFSORe(iGFthp�ff������
If a ..harged with o ' ..f
these effe Ryes a 'r+..nd is found �nche penal`7iFnp+
•� d the fine a� fQicsee he e�
the defendant must appeaF OR Ur+ to answer +e the ..hnr..e.. These fines may Ret be judiGially
eri led fine has been established in +he
shed ale finespay y
fine of and fails +n n npe w} the ..i+retie ..h nll he G'deFed a
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may
bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the
plaintiff suffered as a result of the violation.
C. Each act or condition violated in this chapter, and each day during which the act or condition
exists, continues or is repeated shall be a separate and distinct violation.
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other
penalty provided for in state law or any civil remedy available to the borough.
CHAPTER 10.20
STOPPING, STANDING, AND PARKING
Sections:
10.20.005 Definitions.
10.20.010 Obstruction of rights-of-way.
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10.20.020 Obstruction of service.
10.20.030 Penalties and remedies.
10.20.005 Definitions.
"Extreme weather event" means unexpected, unusual, unpredictable, severe, or
unseasonable weather which requires municipal intervention to prevent damage to
Property, loss of life, or interruption of necessary public services.
10.20.010 Obstruction of rights-of-way.
A. No person shall place, leave or deposit upon borough -owned streets or improved rights-
of-way any vehicles, debris, or other objects, except that:
1.person may park a vehicle for a period of time not to exceed 24 hours.
2. A person may park, or allow or cause to be parked, a disabled or inoperable motor
vehicle for a period not to exceed 24 hours.
B. No person shall place, leave or deposit upon any street, developed right-of-way or
drainage structure, any accumulation of snow or ice which has been removed from a
private driveway or approach road in a manner that impeded drainage, line of site or
pedestrian or motor vehicle traffic.
10.20.020 Obstruction of service.
A. Any person parking a vehicle on a borough -owned street or improved right-of-way shall
remove the subject vehicle within twelve hours of the issuance of a temporary parking
closure. Temporary parking closure notifications shall be provided by borough officials
or service district representatives via public radio and temporary signage placed in the
vicinity of the closure.
B. During declared natural disasters, extreme weather events or when a vehicle is
impeding necessary public services, where immediate action by the borough or service
district is required in order to maintain operability of the street or improved right of way, a
minimum of two borough officials, upon agreement, may have vehicles removed from the
right-of-way without notification to the vehicle's owner prior to removal.
10.20.030 Penalties and remedies.
A. In accordance with AS 29.25.070(a), citations for the violation of Chapter 10.20 KIBC
may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court
appearance, upon payment of the fine amounts established in a schedule of fines adopted
by the borough assembly by ordinance pursuant to Chapter 1.20 KIBC, plus the state
surcharge required by AS 12.55.039 and 29.25.074.
B. Penalties incurred and/or remedies sought for violations of this chapter are the
responsibility of the registered owner of the vehicle, any person who has acquired legal
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title to the vehicle from or through the registered owner, or any person who has violated
KIBC 10.20.010 or 10.20.020.
C. Notwithstanding the availability of any other remedy, the borough or any aggrieved
person may bring a civil action to enjoin any violation of this chapter, or to obtain damages
for any injury the plaintiff suffered as a result of the violation, including, but not limited to,
the recovery of costs associated with towing and impoundment.
D. Each act or condition violated in this chapter, and each day during which the act or
condition exists, continues or is repeated shall be a separate and distinct violation.
E. The penalties provided for violation of this chapter are in addition to and not in lieu of
any other penalty provided for in state law or any civil remedy available to the borough.
Section 12: Kodiak Island Borough Code section 13.20.020, Administration enforcement
action, is amended to read as follows:
13.20.020 Administration enforcement action.
A. In any situation in which the borough engineer, or his authorized representative, has reason to
believe that the public health, safety or welfare requires corrective action, he may:
1. Exercise the right to entry for investigative purposes at all reasonable times and upon
presentation of proper credentials. If such entry is refused, the borough engineer, or
authorized representative, shall have recourse to every remedy provided by law to secure
entry;
2. Order any work being done contrary to the provisions of this title to be stopped by serving
notice on any persons engaged in doing or causing the work to be done, and any such
persons shall forthwith stop such work until authorized in writing to proceed. If the order is
issued verbally, a written order shall be issued prior to the conclusion of the next regular
workday stating the nature of the work to be stopped; and
3. Order the abatement of any condition affecting the public health, safety, and welfare. If the
order is given verbally, a written order shall be issued prior to the conclusion of the next
regular workday setting forth the nature of the abatement action and the time allowed for
compliance.
B. Upon complaint by a citizen, or upon his own initiative, the borough engineer may, after
investigation, initiate srimlaal proceedings against any person for the violation of this title. Except
for prosecution for failing to comply with an order issued under subsection A of this section, the
borough engineer shall give at least 10 days' written notice of intent to prosecute and may initiate
srl Ral proceedings only if the violation is not cured, and if the person who is the subject of the
notice fails to seek appropriate administration relief within the notice period.
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Section 13: Kodiak Island Borough Code section 13.20.050, Penalties and remedies, is
amended to read as follows:
13.20.050 Penalties and remedies.
A. A person who violates any provision of this title, or any order issued under KIBC 13.20.020(A),
is guilty of a violation misdemeanor and, upon conviction, is punishable by a fine of not more
than $500.00 for each day of violation, in addition to the surcharge required to be imposed under
AS 12.55.039.
B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this
title, or the violation of any order issued under KIBC 13.20.020(A), and to obtain damages for any
injury the plaintiff suffered as the result of the violation. An action for injunction under this section
may be brought notwithstanding the availability of any other remedy. Upon application for
injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin
the violation.
Section 14: Kodiak Island Borough Code section 15.50.030, Penalties and remedies, is
amended to read as follows:
15.50.030 Penalties and remedies.
A. A person who violates any provision of this title or any order issued under KIBC 15.50.010 is
guilty of a violation misdemeanor and upon conviction is punishable by a fine of not more than
$300.00, in addition to the surcharge required to be imposed under AS 12.55.039. Each day of
violation constitutes a separate offense.
B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this
title, or any order issued under KIBC 15.50.010, and to obtain damages for any injury the plaintiff
suffered as a result of the violation. An action for injunction under this section may be brought
notwithstanding the availability of any other remedy. Upon application for injunctive relief and the
finding of an existing or threatened violation, the superior court shall enjoin the violation.
C. Each act or condition violating this title or any order issued under KIBC 15.50.010, and each
day during which the act or condition exists, continues, or is repeated shall be a separate and
distinct violation.
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other
penalty provided for in state law or any civil remedy available to the borough.
Section 15: Kodiak Island Borough Code section 16.10.030, Scope and jurisdiction, is
amended to read as follows:
16.10.030 Scope and jurisdiction.
A. This title governs the subdivision of all land within the borough. No subdivision plat requiring
borough approval shall be recorded unless approved by the borough or a standard subdivision
agreement has been executed with the borough.
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B. These subdivision regulations do not apply to any lot or subdivision legally created and filed
for record prior to the effective date of these regulations, nor to subdivisions given preliminary or
final approval by the commission under the previously existing title, except in the instance of
further subdivision of existing lots or tracts.
C. The owner or agent of the owner of land located within a subdivision who transfers, sells, or
enters into a contract to sell land in a subdivision before a plat of the subdivision has been
approved and recorded is guilty of a violation rnisderneaner and upon conviction is punishable
by a fine of not more than $300.00 for each lot or parcel transferred, sold, or included in a contract
to be sold. The borough may enjoin such a transfer, sale, or contract to sell and may recover the
penalty by appropriate legal action.
D. No agency of the state or local government may acquire property through the process of
eminent domain which results in a boundary change unless the agency or local government first
obtains from the commission preliminary approval of the replat showing clearly the location of the
proposed public streets, easements, rights-of-way, and other taking of private property.
Final approval of the replat shall be obtained within six months of the acquisition. The commission
shall treat applications for replat made by state or local governmental agencies in the same
manner as replat petitions originated by private land owners.
E. No person may file a plat or seek to have a plat filed unless it bears the approval of the borough.
A person who knowingly violates this requirement is punishable upon conviction by a fine of not
more than $300.00.
F. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title,
any transfer or sale of an unlawfully subdivided parcel, the violation of any term or condition of
any plat or other entitlement approved under this title, and to obtain damages for any injury the
plaintiff suffered as a result of the violation. An action for injunction under this section may be
brought notwithstanding the availability of any other remedy. Upon application for injunctive relief
and a finding of an existing or threatened violation, the superior court shall enjoin the violation.
Section 16: Kodiak Island Borough Code Chapter 17.210, Enforcement, Penalties and
Remedies, is amended to read as follows:
Chapter 17.210
ENFORCEMENT, PENALTIES AND REMEDIES
Sections:
17.210.010 Administrative enforcement action.
17.210.020 Administrative inspections.
17.210.030 Penalties and remedies.
17.210.040 Responsibility for violations.
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17.210.010 Administrative enforcement action.
A. The zoning-Gffiver manager or designee may order:
1. The discontinuation of unlawful uses of land or structures;
2. The removal or abatement of unlawful structures, or any unlawful additions or alterations
thereto;
3. The discontinuation of construction or other preparatory activity leading to an unlawful
structure or an unlawful use of a land or structure;
4. When necessary to ensure compliance with this title, the suspension or revocation of
building permits, variances, or other borough land use entitlements.
B. Upon complaint by a citizen, or upon his their own initiative, the any borough code
enforcement officer authorized to enforce this title zenin-" fieer may, after investigation,
initiate srirainai proceedings against any person for the violation of this title. Except for
prosecutions for failing to comply with an order issued under subsection A of this section or where
the protection of public health and safety require immediate action, the borough code
enforcement officer Bening-effieer shall give at least 10 days' written notice of intent to prosecute,
and may initiate srimiaal proceedings only if the violation is not cured within the notice period.
17.210.020 Administrative inspections.
In accordance with this section, the a borough code enforcement officer zeaing-ef#iser may
make inspections of buildings or premises to check for zoning violations. When the officer
neGessaFy to eniese the PFGViGiGASof this title. Whe^ the ZeRiRg Gff'Ge has reasonable cause to
believe there exists any violation of this title, he the officer
may enter such building or premises only if: at any Rable time to inspeet the same a
peFf9FFR any Of his dutie c; under this title; pFevided, that whpire the GAnc4it, -tonn mf the I Initind St
1. The owner or lessee has given consent; or
2. A judicially granted search warrant has been obtained.
17.210.030 Penalties and remedies.
A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or
any term or condition of a conditional use, variance or other entitlement issued under this title, is
guilty of a violation rnisdemeaaer and upon conviction is punishable by a fine of not more than
$300.00, in addition to the surcharge required to be imposed under AS 12.55.039.
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may
bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A),
or any term or condition of a conditional use, variance or other entitlement issued under this
chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An
action for injunction under this section may be brought notwithstanding the availability of any other
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remedy. Upon application for injunctive relief and the finding of an existing or threatened violation,
the superior court shall enjoin the violation.
C. Each act or condition violating this title, any order issued under KIBC 17.210.010(A), or any
term or condition of a conditional use, variance, or other entitlement issued under this title, and
each day during which the act or condition exists, continues or is repeated shall be a separate
and distinct violation.
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other
penalty provided for in state law or any civil remedy available to the borough.
17.210.040 Responsibility for violations.
The record owner, and any person in possession or control of property maintained in
violation of this title is responsible for the violation and is subject to prosecution in
accordance with Chapter 1.20 KIBC and this Chapter 17.210.
Section 17: Kodiak Island Borough Code section 18.35.050, Penalties and remedies, is
amended to read as follows:
18.35.050 Penalties and remedies.
A. A person who violates the provisions of this chapter is guilty of a violation misdemeanor and
upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge
required to be imposed under AS 12.55.039.
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may
bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the
plaintiff suffered as a result of the violation.
C. Each act or condition violating this chapter, and each day during which the act or condition
exists, continues or is repeated, shall be a separate and distinct violation.
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other
penalty provided for in state law or any civil remedy available to the borough.
Effective Date: This ordinance takes effect July 1, 2020. (Note: KIBC 2.30.070 states an
ordinance takes effect upon adoption or at a later date specified in the ordinance.)
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTIETH DAY OF FEBRUARY, 2020.
KODIAK ISLAND BOROUGH ATTEST:
Bi Roberts, Mayor Tara Welinsky, Clerk
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2020-09
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872
873
874
875
VOTES: Schroeder, Symmons, Turner, Dvorak
Ayes: Schroeder, Symmons, Turner, Dvorak
Noes: Kavanaugh, Skinner
Absent: Arndt
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2020-09
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