2020-01-09 Work SessionPage
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Kodiak Island Borough
Assembly Work Session
Thursday, January 9, 2020, 6:30 p.m.
School District Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming
regular meeting agenda packet and seek or receive information from staff. Although additional items not
listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no
formal action is taken at work sessions and items that require formal Assembly action are placed 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.
1. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
2. AGENDA ITEMS
a. Humpback Whale Critical Habitat Designation
Humpback Whale Critical Habitat Designation Maps
Comment deadline
b. UMOT - Continued Discussion
Ordinance FY2020-09 Version 1
Ordinance FY2020-09 Version 1 With Notes
C. Assembly Meeting Schedule
d. Mayoral Appointment of the Cook Inlet Regional Citizens
Advisory Council
3. MANAGER COMMENTS
4. CLERK'S COMMENTS
5. PACKET REVIEW
Items may be added during the work session for inclusion on the Regular Meeting agenda. The
item title needs to be provided/developed at the work session in enough detail to give assembly
and public reasonable notice.
AWARDS AND PRESENTATIONS
Stalking Awareness Month Proclamation
PUBLIC HEARING
UNFINISHED BUSINESS
Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of
Visit our website at91 www.facebook.com/Kodiakislandborough Q@KodiakBorough
www.kodiakak.us Page 1 of 47
Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough
Assembly And Chapter 2.30 Rules Of The Assembly To Change
Declaring And Filling Vacancies And Absences.
NEW BUSINESS
CONTRACTS
RESOLUTIONS
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2020-09 - An ordinance of the Assembly of the Kodiak
Island Borough amending Titles 1, 6, 8, 9, 10, 13, 16, 17 and 18 of the
Borough code to clarify and make consistent language relating to code
enforcement.
Ordinance No. FY2020-01 B Amending Ordinance No. FY2020-01,
Fiscal Year 2020 Budget, By Amending Budgets To Account For
Various Revenues That Are Over Budget, Providing For Additional
Expenditures And Moving Funds Between Projects.
OTHER ITEMS
Releasing Prior Memos Regarding The Process For Loans Or Grants
From The Facilities Fund:
• 1994 Jamin, Ebell, Bolger, & Gentry
• 2012 Wohlforth, Brecht, Cartledge and Brooking
• 2014 Levesque Law Group, LLC
Confirmation of the Mayoral Appointment to the Cook Inlet Regional
Citizens Advisory Council
* Confirmation of Mayoral Appointment to the Solid Waste Advisory
Board (Mr. Hogen)
* Declaring A Seat Vacant On The Architectural / Engineering Review
Board (Mr. Steven Neff)
EXECUTIVE SESSION
6. ASSEMBLY MEMBERS COMMENTS
7. MAYOR'S COMMENTS
Visit our website at91 www.facebook.com/Kodiakislandborough @KodiakBorough
www.kodiakak.us Page 2 of 47
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Critical Habitat for the Mexico DPS of Humpback Whales
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Humpback Whale Critical Habitat Designation
AGENDA ITEM #2. a.
Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules 54391
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Critical Habitat for the Western North Pacific DPS of
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[FR Doc. 2019-21186 Filed 10-8-19; 8:45 am]
BILLING CODE 3510-22-C
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Humpback Whale Critical Habitat Designation
AGENDA ITEM #2.a.
65346 Federal Register/Vol. 84, No. 229/Wednesday, November 27, 2019/Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 223, 224, and 226
[Docket No. 191121-0087]
RIN 0648-8106
Endangered and Threatened Wildlife
and Plants: Proposed Rule To
Designate Critical Habitat for the
Central America, Mexico, and Western
North Pacific Distinct Population
Segments of Humpback Whales
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Extension of public comment
period; notice of public hearing.
SUMMARY: NMFS announces the
extension of the public comment period
on the proposed rule to designate
critical habitat for the Central America,
Mexico, and Western North Pacific
distinct population segments (DPSs) of
humpback whales (Megaptera
novaeangliae). We also announce that
an additional public hearing will be
held on this proposed rule.
DATES: The deadline for receipt of
comments is extended to January 31,
2020. A public hearing will be held on
January 6, 2020, from 4 p.m. to 7 p.m.
(local time) in Petersburg, Alaska.
ADDRESSES: You may submit data,
information, or written comments on
the proposed rule, identified by NOAA-
NMFS-2019-0066, and on the
supplemental documents by the
following methods:
Electronic Submission: Submit all
electronic comments via the Federal
eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail, D=NOAA-NMFS-2019-
0066, click the "Comment Now!" icon,
complete the required fields, and enter
or attach your comments.
Mail: Submit written comments to
Endangered Species Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East West
Highway (SSMC3), Silver Spring, MD
20910, Attn: Humpback Whale Critical
Habitat Proposed Rule.
Instructions: Comments sent by any
other method than the above (except if
provided during a public hearing), to
any other address or individual, or
received after the end of the comment
period, might not be considered by
NMFS. All comments received are a part
of the public record and will generally
be posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. We will accept
anonymous comments (enter "N/A" in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, or Adobe PDF file formats
only.
Public Hearing: A public hearing will
be held on January 6, 2020, in the
Petersburg Borough Assembly
Chambers, 12 South Nordic Drive,
Petersburg, Alaska 99833.
Supporting Documents: Documents
supporting this proposed rule, which
include a Draft Biological Report (NMFS
2019a), a Draft Economic Analysis (IEc
2019a), and a Draft Section 4(b)(2)
Report (NMFS 2019b), are available on
the Federal e -Rulemaking Portal,
www. regulations.gov/#!docketDetail, D=
NOAA-NMFS-2019-0066.
FOR FURTHER INFORMATION CONTACT: Lisa
Manning, NMFS, Office of Protected
Resources, 301-427-8466.
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2019, we published a
proposed rule to designate critical
habitat for the endangered Western
North Pacific DPS, the endangered
Central America DPS, and the
threatened Mexico DPS of humpback
whales under the ESA (84 FR 54354).
Areas proposed as critical habitat
include specific marine areas located off
the coasts of California, Oregon,
Washington, and Alaska. Based on
consideration of national security and
economic impacts, we also have
proposed to exclude multiple areas from
the designation for each DPS. The
deadline for submission of public
comments on this proposed rule and the
supporting documents was originally
scheduled for December 9, 2019.
Following receipt of severalrequests,
we are extending the deadline for
submission of public comments to
January 31, 2020. This extensionwill
help ensure that the proposed rule and
supporting documents undergo
thorough and robust review.
Public Hearings
A series of five public hearings was
announced in the Federal Register on
October 17, 2019 (84 FR 55530). In
response to several requests, we are
scheduling a sixth public hearing in
Petersburg, Alaska, on January 6, 2020.
See DATES and ADDRESSES sections for
further details. We will be offering
remote access to this hearing via a
webinar. For instructions on how to
access this hearing remotely, please
contact Lisa Manning (see FOR FURTHER
INFORMATION CONTACT).
The public hearing will begin with a
brief presentation by NMFS to provide
an overview of critical habitat under the
ESA and a summary of the proposed
critical habitat designations for
humpback whales. Following the
presentation, members of the public will
have the opportunity to provide oral
comments on the record regarding the
proposed designations. Members of the
public will also have the opportunity to
submit written comments at the hearing.
Written comments may also be
submitted at any time during the public
comment period; see ADDRESSES section
for more details. Note that all comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the commenter
will be publicly accessible.
Reasonable Accommodations
People needing accommodations so
that they may attend and participate at
the public hearing should submit a
request for reasonable accommodations
as soon as possible, and no later than 7
business days prior to the hearing date,
by contacting Lisa Manning (see FOR
FURTHER INFORMATION CONTACT).
Authority: 16 U.S.C. 1531 et seq.
Dated: November 21, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-25759 Filed 11-26-19; 8:45 am]
BILLING CODE 3510-22—P
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Humpback Whale Critical Habitat Designation
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AGENDA ITEM #2.b.
Introduced by: Borough Manager
Drafted by: Borough Manager
Introduced on: 01/16/2020
Public Hearing Date:
Adopted on:
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.
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AGENDA ITEM #2.b.
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 roee, 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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AGENDA ITEM #2.b.
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
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
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
JL3
subsequent offenses)
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AGENDA ITEM #2.b.
Code Section
Offense
Penalty/Fine
KIBC 6.04.090
Tethering of Animals Prohibited (1st offense)
28
KIBC 6.04.090
Tethering of Animals Prohibited (2nd offense)
55
KIBC 6.04.090
Tethering of Animals Prohibited (3rd and
83
subsequent offenses)
KIBC 6.04.100(A)
Control of Animals
mandatory
court
appearance
KIBC 6.04.100(B)&(D)
Control of Animals (1st offense)
JL5
KIBC 6.04.100(B)&(D)
Control of Animals (2nd offense)
JL3
KIBC 6.04.100(B)&(D)
Control of Animals (3rd and subsequent
110
offenses
KIBC 6.04.110
Animal Littering Prohibited (1st offense)
JL8
KIBC 6.04.110
Animal Littering Prohibited (2nd offense)
55
KIBC 6.04.110
Animal Littering Prohibited (3rd and subsequent
JL3
offenses
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
83
offenses
KIBC 6.04.130
Animal Tag and Collar (1st offense)
28
KIBC 6.04.130
Animal Tag and Collar (2nd offense)
JL5
KIBC 6.04.130
Animal Tag and Collar (3rd and subsequent
JL3
offenses
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 Wd 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 (4t" and
1000
subsequent offenses)
KIBC 10.10.010
Junk Vehicles (11t 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 (2"d offense)
100
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AGENDA ITEM #2.b.
Code Section
Offense
Penalty/Fine
KIBC 10.20.010
Obstruction of Rights -of -Way (3rd and
200
subsequent offenses)
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
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 effvrrceRses 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 rosin pursuant to Chapter 1.20 KIBC, plus the state
surcharge required by AS 12.55.039 and 29.25.074. The Rules of MiReF nffeRse or,,Gedure OR
the Alaska Rules ef GeuFt apply te all G#eRses listed in the established SGhedule of fines. Citations
these offenses appears in. GOUrt and is feund guilty, the penalty impesed for the offense may Re
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the defendant must appear in GOUFt te answer te the Gharges. These fines may RGt be jUdiGially
rerdi ed
this Ghapter and fails te pay a fine or appear OR GeWt, the GitatieR shall be GeRsidered a summens
fo^�demear er.
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.
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AGENDA ITEM #2.b.
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 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 rec,n pursuant to Chapter 1.20 KIBC, plus the state
surcharge required by AS 12.55.039 and 29.25.074. The Rules Of Miner Offense or,,Ged ure in
the Alaska Rules ef Geurt apply to all offenses listed in the established SGhedule of fines. Citations
Ghargirig these efferlses must meet the requiremeRtS Gf M'RGF QffeRse Rule 3. AlteMatively, the
,
the defeRdaRt must appear OR GeUFt te aRSWeF tG the Gharges. These fines may net be judiGially
SGhedule ef fines and fails to pay a fiR8 or appear on GE)Wt, the Gitatien shall be GeRsidered a
s ummens fee a misdemeanor. 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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UMOT - Cor
AGENDA ITEM #2.b.
"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;
8. 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;
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5. Railroad ties or similar type of retaining wall timbers;
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.
"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.
"Premises" means property having any habitable building, whether residential,
multifamily, or commercial.
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AGENDA ITEM #2.b.
"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 b er
cart so that it will not easily be tipped, such as by an animal or the wind. Lids on the bins or carts
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.
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AGENDA ITEM #2.b.
B. Set -Out.
1. Site. Anyone who renei.,es solid Waste nellentieR serine OR ^Carts or bins cue -must be
placed their ner,taiRer in the following locations by the contract hauler or solid waste collection
service recipient, er as instr„nted by the reentrant howler.
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
b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart,
bin, or roll -off.
The contract hauler is not required to clean up solid waste discarded, scattered, littered, or
otherwise strewn outside the cart, bin, or roll -off, except for solid waste that the contract hauler
spills during collection and transportation.
3. Prohibited Conduct.
a. Anyone who FeG8iVeS utilizes solid waste cart collection service, whether ir, a hart biR er r„II_
eft must not de aRY Of the fGHOWiRg: discard dead animals in the cart. This discarding of any
solid waste outside the cart is also prohibited, including the following items:
i. Litter;
ii. Bulky items, SUnh as applia.,ces,bed cr,rinnc, mattresses furniture as defined by KIBC
8.25.020;
iii. C&D Debris as defined by KIBC 8.25.020 NGRbulky items listed in the definiti„n of "bulky
KIBC 8.25.060(B), tree limbs laWR nlinniRgs animal waste); and
, ,
iv. Hazardous or toxic waste as defined by KIBC 8.25.020.
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AGENDA ITEM #2.b.
b. Anyone who utilizes solid waste bin or roll -off collection services must securely close
and lock the bin or roll -off door or cover and must not discard dead animals in the bin or
roll -off. The discarding of any solid waste outside the bin or roll -off is also prohibited,
including, but not limited to, the following items:
i. Litter:
fl. 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.
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;
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AGENDA ITEM #2.b.
H. Alaska State Troopers; and
I. Aa 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 ^ff�s violations of Chapter 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 YeCo, c�GlWtioGR pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS
12.55.039 and 29.25.074. The Rules of Monor Offence Droned ire in the Alaska Rules of Cour
apply te all e#eRses listed OR the established sGhedule ef fines. GitatiORS GhargiRg these effeRses
must meet the requirements of Miner Offense Rule 3. Alternatively, the person may Gheese te
for that offense listed. if an offense is not listed on this SGhedule ef fiReS, the defendant mus
appear - --urt te answer to the .These. Ifa perseR
0 S Gited feF aR offense feF whiGh a GGheduled fine has been established OR the SGhedule ef fines
nicdemeaRe-P.
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 peaee code
enforcement officers per KIBC 1.20.030. with +„ e auth�yto 0ssueGita+�aS ,.�Gt
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AGENDA ITEM #2.b.
9.20.020 Interference with a peace borough code enforcement officer.
No person may interfere with a peaee borough code enforcement officer while heisin the
performance of 4is. the officer's duties. A person who does any of the following is guilty of
interfering with a pease borough code enforcement officer:
A. By use or threat of force or violence, the person 4e prevents or attempts to prevent a pease
borough code enforcement officer from carrying out the officer's h s duties;
B. By use or threat of force or violence, the person 4e. attempts to aid or aids a person in
preventing a borough code enforcement pease officer from carrying out the officer's 146 duties;
or
C. With intent to delay or prevent a borough code enforcement pease 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 er threatonc or Unla,e,fuIFy stFikes or wo unrJc a
pease -borough code enforcement officer in violation of KIBC 9.20.020 whole he is Performing
hishi`"trn�-auties is guilty of a violation mffisdemeaRer, punishable by a fine of not more than $500.00 er
by in jail fnr not mere than 30 days, or by beth in addition to the surcharge required
to be imposed under AS 12.55.039.
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: any m9tGrTzedE)F towed vehiGle, wheeled ortraeked, why has een
1. A registered 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
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AGENDA ITEM #2.b.
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 junk 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 (except for a vehicle used exclusively for competitive racing);
2. Is stripped, wrecked, or otherwise inoperable due to 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 plass;
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.
10.10.010 Junk or abandoned vehicles.
A. It is unlawful for a person to abandon junk or a vehicle on a street or highway within
the borough.
B. It is unlawful for a person to 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.
1 10.10.080 Penalties and remedies.
A. In accordance with AS 29.25.070(a), citations for the Gert'"' effeRSeS violations of Chapter
10.10 KIBC maybe 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 RUIeS Of Min„r Offence PFOGe di pro in
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AGENDA ITEM #2.b.
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:
10.20.010 Obstruction of rights-of-way.
10.20.020 Obstruction of service.
10.20.030 Penalties and remedies.
10.20.010 Obstruction of rights-of-way.
A. No person shall park a vehicle on any borough -owned street or improved right-of-way,
for a period of time longer than 24 hours.
B. No person shall park, or allow or cause to be parked, on any borough -owned street or
right-of-way, any disabled or inoperable motor vehicle for a period to exceed 24 hours.
C. No commercial or construction vehicles and/or equipment, registered per AS
28.10.421(c) or 28.10.421(h) or the equivalent, shall be parked overnight upon any borough -
owned street or improved right-of-way unless otherwise legally parked in close proximity
to a construction site or other temporary commercial enterprise on which the equipment
is in current use and the daily removal to legal off-street parking would be unfeasible.
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
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AGENDA ITEM #2.b.
or service district representatives via public radio and temporary signage placed in the
vicinity of the closure.
B. During declared natural disasters or extreme weather events where immediate action
by the borough or service district is required in order to maintain operability of the street
or improved right-of-way, borough officials and service district representatives 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
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 inlury 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;
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AGENDA ITEM #2.b.
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 mal 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
mal 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.
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 misdemeaR r 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 misderneaner 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
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AGENDA ITEM #2.b.
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.
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 m; emTea;G�F 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
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AGENDA ITEM #2.b.
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.
17.210.010 Administrative enforcement action.
A. The ZOnin.. Offinor 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 4�& their own initiative, the any borough code
enforcement officer authorized to enforce this title zeRinn effinor may, after investigation,
initiate GFiFninal 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 ZeRing effiGeF shall give at least 10 days' written notice of intent to prosecute,
and may initiate sFOMiea4 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 authorized to enforce
this title zening nffinor may make inspections necessary to enforce the provisions of this title.
When the borough code enforcement officer Z^ninry effiGer has reasonable cause to believe
that in any building or on any premises there exists any violation of this title, he the officer may
enter such building or premises at any reasonable time to inspect the same or perform any of his
the officer's duties under this title; provided, that where the Constitution of the United States or
the state of Alaska requires that the borough code enforcement officer zening „ffinor obtain a
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AGENDA ITEM #2.b.
search warrant before making an inspection, Ise the officer shall not make the inspection until
authorized to do so by a search warrant issued by a court of competent jurisdiction.
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 Fnisde-rmearnrvr 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
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 ,m;sdemea;or 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.
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AGENDA ITEM #2.b.
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 upon adoption. (Note: KIBC 2.30.070 states an
ordinance takes effect upon adoption or at a later date specified in the ordinance.)
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2020.
KODIAK ISLAND BOROUGH
Bill Roberts, Mayor
VOTES:
Ayes:
Noes:
Kodiak Island Borough, Alaska
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Tara Welinsky, Clerk
Ordinance No. FY2020-09
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Introduced by: Borough Manager
Drafted by: Borough Manager
Introduced on: 01/16/2020
Public Hearing Date:
Adopted on:
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 desianation.
1.20.040 Application of fine schedule.
1.20.050 Fine schedule.
1.20.010 Designated.
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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 resolution, 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.
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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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
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
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
83
subsequent offenses)
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MOT - Continued Discussion
Code Section
Offense
Penalty/Fine
KIBC 6.04.090
Tethering of Animals Prohibited (1st offense)
28
KIBC 6.04.090
Tethering of Animals Prohibited (2nd offense)
55
KIBC 6.04.090
Tethering of Animals Prohibited (3rd and
83
subsequent offenses)
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
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 subsequent
83
offenses
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
83
offenses
KIBC 6.04.130
Animal Tan 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 (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 (3'd offense)
500
KIBC 8.25.070(B)(3)(b)
Solid Waste Storage and Set -out (4th and
1000
subsequent offenses)
KIBC 10.10.010
Junk Vehicles (111 offense)
450
KIBC 10.10.010
Junk Vehicles (2nd and subsequent offenses)
600
(KIBC 10.20.010
Obstruction of Rights -of -Way (1st offense)
ILO
KIBC 10.20.010
Obstruction of Rights -of -Way (2nd offense)
100
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AGENDA ITEM #2.b.
Commented [SE1]: KIBC 10.10.010 fines increased per
12.12.19 Work Session discussion.
Commented IS 2]: KIBC 10.20.010 converted to
graduated fine structure per 12.12.19 Work Session
discussion.
Page 30 of 47
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Code Section
Offense
Penalty/Fine
KIBC 10.20.010
Obstruction of Rights -of -Way (3rd and
200
subsequent offenses)
KIBC 10.20.020
Obstruction of Service (1' offense)
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KIBC 10.20.020
Obstruction of Service (2"d offense)
$100
KIBC 10.20.020
Obstruction of Service (3rd 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 findinas to the borouah assembly for consideration durina 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. Theo es of Minor Offense Procedure in
the Alaska Rules of Court apply to all offenses listed On the established sGhedule of fines. Citations
GhargiRg these offeRses must Fneet the requirements Of MOROF Offense Rule 3. Alternatively, the
these offenses appears OR GOUrt and is f9URd guilty, the penalty imposed for the offense Fnay Rat
exGeed the fiRe amount fer that offeRse listed. if aR offense is not listed OR this sGhedule of foRes,
o npd
fn a mosderne
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.
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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 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 offie 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 F^, yt eR pursuant to Chapter 1.20 KIBC, plus the state
surcharge required by AS 12.55.039 and 29.25.074. The Rules of nn;ner Offense or,., edur„ ;
the Alaska Rules of Gewt apply to all affeRses listed in the established sGhedule OffiRes. GitatiORS
^s f^.. Misdermeaner. 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;
8. 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:
Kodiak Island Borough, Alaska
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5. Railroad ties or similar type of retaining wall timbers;
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.
"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.
"Premises" means property having any habitable building, whether residential,
multifamily, or commercial.
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"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 bla er
cart so that it will not easily be tipped, such as by an animal or the wind. Lids on the bins or carts
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.
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B. Set -Out.
1. Site. ARyeRe wh^ SGInd lhfaste ^^"^^+'^^ ^ ^Carts or bins �e must be
placed +heir oentainn+e n^r in the following locations by the contract hauler or solid waste collection
service recipient, or no+r''^+e`I by the nen+ro^f hei Jer:
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
b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart,
bin, or roll -off.
The contract hauler is not required to clean up solid waste discarded, scattered, littered, or
otherwise strewn outside the cart, bin, or roll -off, except for solid waste that the contract hauler
spills during collection and transportation.
3. Prohibited Conduct.
a. Anyone who receives utilizes solid waste cart collection service, whether in ^ ^nr+ hin OF Fell
eft must not de aRy of the following: discard dead animals in the cart. This discarding of anv
solid waste outside the cart is also prohibited, including the following items:
i. Litter;
ii. Bulky item, ^ U^h as nn"an^^^ bed SpFiRgG, mattresses, furniture as defined by KIBC
8.25.020;
iii. C&D Debris as defined by KIBC 8.25.020 NeRb �'r.or ky items lis -ted- in the defi^i+i^^ ^f "bulky
aterns" (SUGh as GGRMFU00 Ride FR 01 itiOR waste, uRIess as allowed dWiRg temporary sep�iGe as iR
umG 8.25.060(B), free limbs IaWR .upping, ei ^+e); and
iv. Hazardous or toxic waste as defined by KIBC 8.25.020
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AGENDA ITEM #2.b.
b. Anyone who utilizes solid waste bin or roll -off collection services must securely close
and lock the bin or roll -off door or cover and must not discard dead animals in the bin orCmmented ISE4]: Added per 12.12.19 Work Session
roll -off. The discarding of any solid waste outside the bin or roll -off is also prohibited, [d�0,,ssi..(p
atSzabo'scomment).
including, but not limited to, the following items:
1. 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.
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;
Kodiak Island Borough, Alaska
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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.
................................................................................................ _..... _..... _...... _...... _..... _...... _..... _..... _...........
_.....
.......
. _...... _..... _...... _..... _...........
_...........
_...........
_...... _..... _...... ....
—h.e eRfe.rnernen.+ „ff'Ge, has authepity to i6SHG GitatieRS, summons, and
nla r+s n+in .,f . .,laden +n aRYORe .,he vielates this shapte
a6 a lavgul complaint for purposes of prosecution under this chapter.
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 Chapter 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 FeSOlUtiea pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS
12.55.039 and 29.25.074. The Rules of nniner Off8Rse orn..edure in the Alaska Riles of Ge, +
apply to all offenses; ii-sted On thp established SGhedule Of fiRes. GitatiORS GhaFg'Rg these Offe%eG
appear OR GGLIFt and- r__A_.ntes_t thR GitatieR. if a PGFSGR GhaFged with one of these offeRses appeaFs
appear OR Ur++e ansi.ver+n +he nharnes These fines may n+ he udiGially red Ged If a PGFSeR
and fails to nay a fine n oaF iirt the citation shall he ransidered a surnmons for a
ert, anor
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. with the authority to iSSUGr.i+atienS en,t,,Gt
Kodiak Island Borough, Alaska
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9.20.020 Interference with a peaee borough code enforcement officer.
No person may interfere with a peace borough code enforcement officer while hp. -; in the
performance of his the officer's duties. A person who does any of the following is guilty of
interfering with a pease borough code enforcement officer:
A. By use or threat of force or violence, the person tae prevents or attempts to prevent a peau
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 pease officer from carrying out the officer's #+s 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 peace officer.
9.20.030 Penalty.
A person who interferes with, unlawfully assaults or threatens, or unlawfully strokes or wounds a
peauborough code enforcement officer in violation of KIBC 9.20.020 whole he is perfo i^^
his 'trmr d utiesuties is guilty of a violation misdemeaaef, punishable by a fine of not more than $500.00 of
by im not in jail f9F net mere than 30 days er by hath in addition to the surcharge required
to be imposed under AS 12.55.039.
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_ any motorized or towed vehicle, wheeled or tracked, which has been
left unattended for a length of tome whiGh has resulted On the vehiGle's deterioration or deStFuGtian.
1. A registered 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
Kodiak Island Borough, Alaska
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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 (except for a vehicle used exclusively for competitive racing);
2. Is stripped, wrecked, or otherwise inoperable due to 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.
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 ^P_'f"in effeRses violations of Chapter
10.10 KIBC maybe 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 resol-ton pursuant to Chapter 1.20 KIBC, plus the state
surcharge required by AS 12.55.039 and 29.25.074. rho o„jos of Miner nffAnse or,,nedure ;
Kodiak Island Borough, Alaska
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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:
10.20.010 Obstruction of rights-of-way.
10.20.020 Obstruction of service.
10.20.030 Penalties and remedies.
10.20.010 Obstruction of rights-of-way.
A. No person shall park a vehicle on any borough -owned street or improved right-of-way,
for a period of time longer than 24 hours.
B. No person shall park, or allow or cause to be parked, on any borough -owned street or
right-of-way, any disabled or inoperable motor vehicle for a period to exceed 24 hours.
C. No commercial or construction vehicles and/or equipment, registered per AS
28.10.421(c) or 28.10.421(h) or the equivalent, shall be parked overnight upon any borough
owned street or improved right-of-way unless otherwise legally parked in close proximity
to a construction site or other temporary commercial enterprise on which the equipment
is in current use and the daily removal to legal off-street parking would be unfeasible.
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
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Commented [SES]: Reduced from 48 hours per 12.12.19
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or service district representatives via public radio and temporary signage placed in the
vicinity of the closure.
B. During declared natural disasters or extreme weather events where immediate action
by the borough or service district is required in order to maintain operability of the street
or improved right-of-way, borough officials and service district representatives 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
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;
Kodiak Island Borough, Alaska
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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 srirn nat 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
Prominal 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.
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 miss e^n^no 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 Mgd^^^^ 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
Kodiak Island Borough, Alaska
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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.
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 misdeanno 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
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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.
17.210.010 Administrative enforcement action.
A. The ��^8 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 z^^ ng office may, after investigation,
initiate criminal 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 ZGRing ��^e shall give at least 10 days' written notice of intent to prosecute,
and may initiate criminal 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 authorized to enforce
this title zen ng office may make inspections necessary to enforce the provisions of this title.
When the borough code enforcement officer ZeR Rg GffiGe has reasonable cause to believe
that in any building or on any premises there exists any violation of this title, #e the officer may
enter such building or premises at any reasonable time to inspect the same or perform any of #is
the officer's duties under this title; provided, that where the Constitution of the United States or
the state of Alaska requires that the borough code enforcement officer Z9R Rg GffiG8 obtain a
Kodiak Island Borough, Alaska
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search warrant before making an inspection, he the officer shall not make the inspection until
authorized to do so by a search warrant issued by a court of competent jurisdiction.
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 ,msdP 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
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 Misderneaaer 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.
Kodiak Island Borough, Alaska
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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 upon adoption. (Note: KIBC 2.30.070 states an
ordinance takes effect upon adoption or at a later date specified in the ordinance.)
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2020.
KODIAK ISLAND BOROUGH
Bill Roberts, Mayor
VOTES:
Ayes:
Noes:
Kodiak Island Borough, Alaska
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ATTEST:
Tara Welinsky, Clerk
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KODIAK ISLAND BOROUGH
Meeting Type: l/ Date:
Please PRIN f your name legibly Please PRINT your name legibl
W
KODIAK ISLAND
BOROUGH
COMMUNITY DEVELOPMENT
DATE: December 23, 2019
TO: Michael Powers
FROM: Erin Welty, CDD Director
SUBJECT: Enforcement Complaints not covered under proposed UMOT
Per your request, the following is a summary of the enforcement complaints the
Community Development Department receives that are not addressed with the finalized
UMOT table. All these infractions are addressed in our code though and could be finable
offenses if added to the UMOT table. Please note, all examples are of actual complaints
we have received in the last two months. The number in (red) is the number of
complaints received in the last two months.
• Illegal structure — a structure that has been built or modified without zoning
and/or building permits. (Throughout Title 17).
o Unpermitted accessory dwelling unit (17.160.070) (4)
o Illegal triplex in R2 — two family residence zone (17.80) (I)
o Multiple illegal room rentals in an R1 — single family residence zone
(17.75) (2)
• Illegal use of a structure — using a structure in a way that is not permitted by
zoning code.
o The operation of an illegal auto repair garage in a single-family
residential district (17.75) (1)
• Building in a setback — when a principal or accessory building is built within
the front, side or rear setback without a variance or without meeting KIBC
17.150 — Projections into Required Yards.
o A shed that is built right against the fence and (presumably) the lot
line, within the 5 -foot side yard setback (17.75.050) (2)
• Illegal dumping on KIB property — no litter fine (8.20.010) (4)
• Illegal camping on KIB property — no trespass fine (18.35) (2)
• Individuals living in RV for >90 days (17.165.050) (2)
• Operating a home occupation beyond the scope allowed for home occupations
(17.25.020) (2)
• Outdoor storage on a vacant lot in an R2 zone (17.80.020) (1)
• Accumulation of junk and/or junk vehicles on private property (17.25.110) (5)
• Abandonment of junk vehicle on private property (10.10.010) (6+ this was
throughout the summer)
This are the primary violations we've had calls on recently. Another big one that is not
enforceable right now, and possibly needs its own code section, is public nuisance. That
type of code could address the numerous calls we get about individuals living in
hazardous structures, structures not designed for habitation, buildings that should be
condemned, building maintenance, noxious fumes, unreasonable noises, etc.
Regarding Title 17, there is little of that title that has not had an enforcement complaint at
one point or another. It is the code that regulates private property uses and therefore the
code section people turn to when their neighbors are doing something undesirable on
their property. Investigation of these complaints takes time.
WORK SESSION
DATE
SCOTT ARNDT ATTENDED ABSENT
DUANE DVORAK ATTENDED ABSENT
JULIE KAVANAUG H ATTENDED ABSENT
ANDY SCHROEDER ATTENDED ABSENT
�1
REBECCA SKINNER ATTENDED ABSENT
DENNIS SYMMONS ATTENDED ABSENT
JAMES TURNER ATTENDED ABSENT
MAYOR ROBERTS ATTENDED ABSENT
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Introduced by: Assembly Member Kavanaugh
Version 3 Drafted by: Assembly Member Kavanaugh
Introduced on: 12/19/2019
Public Hearing Date:
Adopted on:
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2020-12
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND
PERSONNEL, CHAPTER 2.25 BOROUGH ASSEMBLYAND CHAPTER 2.30 RULES OF
THE ASSEMBLYTO CHANGE DECLARING AND FILLING VACANCIES AND ABSENCES.
WHEREAS, having a full assembly in attendance allows for better debate and better
representation of various community perspectives; and
WHEREAS, the assembly recognizes the time commitment required to serve on the assembly
and the need to balance public office, work and family; and
WHEREAS, KIBC 2.30.020 allows a member of the assembly to absent himself from any regular
or special meeting of the assembly only for good cause; and
WHEREAS, KIBC does not address what constitutes "good cause" in 2.30.020; and
WHEREAS, KIBC 2.25.060 provides that "If a member of the governing body misses one-half of
the meetings held in any year of his or her term of office, each year between November 1 st and
October 31st, the seat shall be automatically vacated"; and
WHEREAS, KIBC does not clearly define "meeting" in 2.25.060; and
WHEREAS, vacating an assembly seat of a duly elected official is a significant action; and
WHEREAS, the assembly desires to clarify code provisions related to assembly member
absences, while recognizing the value of providing flexibility and encouraging a diverse
assembly.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That Chapter 2.25 Borough Assembly and Chapter 2.30 Rules of the Assembly of the
Kodiak Island Borough Code of Ordinances is amended to read as follows:
Kodiak Island Borough, Alaska Ordinance No. FY2020-12
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2.25.060 Declaring and filling vacancies.
A. The assembly shall declare an assembly member's seat vacant when the assembly member:
94-ae not
avid.
B. If a member of the governing body misses four consecutively held regular -meetings
and is not excused then the assembly may declare the seat vacant.
13- C. if a member of the governing body misses one-half of the regular meetings and work
sessions held in any year of his or her term of office, each year between November 1st and
October 31st, the seat shall be automatically vacated.
C- D. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared
vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public
notice of the vacancy and, for 14 days after the first publication thereof, receive applications from
persons interested in being appointed to the vacant seat. The assembly shall review the
applications and may interview applicants. Not later than 30 days after the seat is declared vacant,
the assembly shall appoint from among the applicants a qualified person to fill the vacant seat.
1- E. In appointing a person from among the applicants, the assembly shall utilize the voting
procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer.
E—. F. Notwithstanding subsection C of this section, if the membership of the assembly is reduced
to fewer than four assembly members, then the remaining assembly members shall appoint as
many qualified persons to the assembly as is necessary to once again constitute a quorum. The
assembly shall utilize any procedure which is reasonable under the circumstances in making the
appointments required by this subsection and shall make said appointments not later than seven
days after the quorum was reduced to less than four assembly members.
F�G. Persons appointed to fill a vacancy shall serve until the next regular election, at which time
a successor shall be elected to fulfill the remainder of the unexpired term of office. [Ord. FY2008-
12 §2, 2008; Ord. FY2005-07 §4, 2004; Ord. 98-02 §4, 1998; Ord. 90-18 §2, 1990; Ord. 79-11-
0, 1979; Ord. 74-6-0 §5, 1974; prior code Ch. 2 subch. 2 §5. Formerly §2.16.0601.
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
ordinance takes effect upon adoption or at a later date specified in the ordinance.)
2.25.070 Absences.
A. Absences. No member of the assembly may absent himself from any regular or special
meeting of the assembly except for good cause. An assembly member who is unable to attend a
meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that
absence. During the course of the meeting from which the member is absent, the chair shall cause
the record to reflect the absence of the member, the reason for the absence, and whether the
Kodiak Island Borough, Alaska
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Ordinance No. FY2020-12
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92 absence is excused by the assembly. [Ord. 98-02 §4, 1998; Ord. 79-11-0, 1979; Ord. 74-6-0 §6,
93 1974; prior code Ch. 2 subch. 2 §6. Formerly §2.16.0701.
94
95 B. Good Cause. If a member of the assembly is absent for any of the following reasons
96 their absence shall be considered for good cause and they shall be excused:
97
98 1. Travel for Borough business;
99 2. A voluntary submission of the circumstances for a member absence maybe considered
100 by the Assembly in determining good cause. These submissions are not debatable.
101
102 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
103 ordinance takes effect upon adoption or at a later date specified in the ordinance.)
104
105
106 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
107 THIS DAY OF , 2020.
108
109 KODIAK ISLAND BOROUGH ATTEST:
110
112
113 William Roberts, Mayor Tara Welinsky, Clerk
114
115 VOTES:
116 Ayes:
117 Noes:
Kodiak Island Borough, Alaska Ordinance No. FY2020-12
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Introduced by: Assembly Member Kavanaugh
Version 3 Drafted by: Assembly Member Kavanaugh
Introduced on: 12/19/2019
Public Hearing Date:
Adopted on:
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2020-12
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND
PERSONNEL, CHAPTER 2.25 BOROUGH ASSEMBLYAND CHAPTER 2.30 RULES OF
THEASSEMBLYTO CHANGE DECLARING AND FILLING VACANCIES AND ABSENCES.
WHEREAS, having a full assembly in attendance allows for better debate and better
representation of various community perspectives; and
WHEREAS, the assembly recognizes the time commitment required to serve on the assembly
and the need to balance public office, work and family; and
WHEREAS, KIBC 2.30.020 allows a member of the assembly to absent himself from any regular
or special meeting of the assembly only for good cause; and
WHEREAS, KIBC does not address what constitutes "good cause" in 2.30.020; and
WHEREAS, KIBC 2.25.060 provides that "If a member of the governing body misses one-half of
the meetings held in any year of his or her term of office, each year between November 1 st and
October 31st, the seat shall be automatically vacated"; and
WHEREAS, KIBC does not clearly define "meeting" in 2.25.060; and
WHEREAS, vacating an assembly seat of a duly elected official is a significant action; and
WHEREAS, the assembly desires to clarify code provisions related to assembly member
absences, while recognizing the value of providing flexibility and encouraging a diverse
assembly.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That Chapter 2.25 Borough Assembly and Chapter 2.30 Rules of the Assembly of the
Kodiak Island Borough Code of Ordinances is amended to read as follows:
Kodiak Island Borough, Alaska Ordinance No. FY2020-12
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2.25.060 Declaring and filling vacancies.
A. The assembly shall declare an assembly member's seat vacant when the assembly member:
0- ff awe War meetieq,s-affd is not
exG bed
B. If a member of the governing body misses four consecutively held regular meetings
and is not excused then the assembly may declare the seat vacant.
& C. If a member of the governing body misses one-half of the regular meetings and work
sessions held in any year of his or her term of office, each year between November 1st and
October 31st, the seat shall be automatically vacated.
G713- If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared
vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public
notice of the vacancy and, for 14 days after the first publication thereof, receive applications from
persons interested in being appointed to the vacant seat. The assembly shall review the
applications and may interview applicants. Not later than 30 days after the seat is declared vacant,
the assembly shall appoint from among the applicants a qualified person to fill the vacant seat.
a3 F. In appointing a person from among the applicants, the assembly shall utilize the voting
procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer.
F F. Notwithstanding subsection C of this section, if the membership of the assembly is reduced
to fewer than four assembly members, then the remaining assembly members shall appoint as
many qualified persons to the assembly as is necessary to once again constitute a quorum. The
assembly shall utilize any procedure which is reasonable under the circumstances in making the
appointments required by this subsection and shall make said appointments not later than seven
days after the quorum was reduced to less than four assembly members.
F. -G. Persons appointed to fill a vacancy shall serve until the next regular election, at which time
a successor shall be elected to fulfill the remainder of the unexpired term of office. [Ord. FY2008-
12 §2, 2008; Ord. FY2005-07 §4, 2004; Ord. 98-02 §4, 1998; Ord. 90-18 §2, 1990; Ord. 79-11-
0, 1979; Ord. 74-6-0 §5, 1974; prior code Ch. 2 subch. 2 §5. Formerly §2.16.060].
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
ordinance takes effect upon adoption or at a later date specified in the ordinance.)
2.25.070 Absences.
A. Absences. No member of the assembly may absent himself from any regular or special
meeting of the assembly except for good cause. An assembly member who is unable to attend a
meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that
absence. During the course of the meeting from which the member is absent, the chair shall cause
the record to reflect the absence of the member, the reason for the absence, and whether the
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2020-12
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absence is excused by the assembly. [Ord. 98-02 §4, 1998; Ord. 79-11-0, 1979; Ord. 74-6-0 §6,
1974; prior code Ch. 2 subch. 2 §6. Formerly §2.16.070].
B. Good Cause. If a member of the assembly is absent for any of the following reasons
their absence shall be considered for good cause and they shall be excused:
1. Travel for Borough business,
2. A voluntary submission of the circumstances for a member absence maV be considered
by the Assembly in determining good cause. These submissions are not debatable.
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
ordinance takes effect upon adoption or at a later date specified in the ordinance.)
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2020.
KODIAK ISLAND BOROUGH
William Roberts, Mayor
i
VOTES:
Ayes:
Noes:
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
ATTEST:
Tara Welinsky, Clerk
Ordinance No. FY2020-12
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KODIAK ISLAND
BOROUGH
COMMUNITY DEVELOPMENT
DATE: December 23, 2019
TO: Michael Powers
FROM: Erin Welty, CDD Director
SUBJECT: Enforcement Complaints not covered under proposed UMOT
Per your request, the following is a summary of the enforcement complaints the
Community Development Department receives that are not addressed with the finalized
UMOT table. All these infractions are addressed in our code though and could be finable
offenses if added to the UMOT table. Please note, all examples are of actual complaints
we have received in the last two months. The number in (red) is the number of
complaints received in the last two months.
• Illegal structure — a structure that has been built or modified without zoning
and/or building permits. (Throughout Title 17).
o Unpermitted accessory dwelling unit (17.160.070) (4)
o Illegal triplex in R2 — two family residence zone (17.80) (1)
o Multiple illegal room rentals in an R1 — single family residence zone
(17.75) (2)
• Illegal use of a structure — using a structure in a way that is not permitted by
zoning code.
o The operation of an illegal auto repair garage in a single-family
residential district (17.75) (1)
• Building in a setback — when a principal or accessory building is built within
the front, side or rear setback without a variance or without meeting KIBC
17.150 — Projections into Required Yards.
o A shed that is built right against the fence and (presumably) the lot
line, within the 5 -foot side yard setback (17.75.050) (2)
• Illegal dumping on KIB property — no litter fine (8.20.010) (4)
• Illegal camping on KIB property — no trespass fine (18.35) (2)
• Individuals living in RV for >90 days (17.165.050) (2)
• Operating a home occupation beyond the scope allowed for home occupations
(17.25.020) (2)
• Outdoor storage on a vacant lot in an R2 zone (17.80.020) (1)
• Accumulation of junk and/or junk vehicles on private property (17.25.110) (5)
• Abandonment of junk vehicle on private property (10.10.010) (6+ this was
throughout the summer)
This are the primary violations we've had calls on recently. Another big one that is not
enforceable right now, and possibly needs its own code section, is public nuisance. That
type of code could address the numerous calls we get about individuals living in
hazardous structures, structures not designed for habitation, buildings that should be
condemned, building maintenance, noxious fumes, unreasonable noises, etc.
Regarding Title 17, there is little of that title that has not had an enforcement complaint at
one point or another. It is the code that regulates private property uses and therefore the
code section people turn to when their neighbors are doing something undesirable on
their property. Investigation of these complaints takes time.
WORK SESSION
SCOTT A R N DT ATTENDED ABSENT
DUANE DVORAK ATTENDED ABSENT
JULIE KAVANAUGH ATTENDED ABSENT
ANDY SCHROEDER ATTENDED ABSENT
REBECCA SKINNER ATTENDED ABSENT
DENNIS SYMMONS ATTENDED ABSENT
JAMES TURNER ATTENDED ABSENT
MAYOR ROBERTS ATTENDED ABSENT
KODIAK ISLAND BOROUGH
Meeting Type:—Date:
V
Please PRINT your name legibly Please PRINT your name legibly
u f l