HomeMy WebLinkAboutResolution No. PZ2015-09u
"Vllaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014
www.kenai.city
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15 -09
AMENDMENT TO KENAI MUNICIPAL CODE CHAPTER 12.25
ABANDONED VEHICLES
AND
AMENDMENT TO KENAI MUNICIPAL CODE CHAPTER 12.20.030
DEBRIS AND JUNK PROHIBITED
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA AMENDING KENAI MUNICIPAL CODE CHAPTER 12.25 — ABANDONED
VEHICLES, TO DEFINE ABANDONED VEHICLES, AMEND THE DEFINITION OF
JUNK VEHICLES AND MAKE OTHER CHANGES REGARDING VEHICLE STORAGE,
REPAIR AND ENFORCEMENT AND AMENDING KENAI MUNICIPAL CODE
12.20.030 — DEBRIS AND JUNK PROHIBITED, TO REFLECT THE TITLE CHANGE
TO CHAPTER 12.25.
WHEREAS, the Planning & Zoning Commission requests the City Manager sponsor the
proposed Ordinance; and,
WHEREAS, the City currently prohibits abandoning vehicles on public property and
keeping "Junk Vehicles" for longer than 72 hours except under certain circumstances;
and,
WHEREAS, the Kenai Municipal Code does not define "Abandoned Vehicle" which
should be defined for due process and consistency in enforcement; and,
WHEREAS, the Kenai Municipal Code definition for "Junk Vehicle" should be amended
to more clearly define Junk Vehicle; and
WHEREAS, the Kenai Municipal Code should be amended to provide for a more
reasonable 30 -day time period rather than a 72 -hour time period for the removal of a
Junk from any property within the City that is not in an enclosed building or completely
screened from public view or on the premises of a business enterprise being operated
in a lawful place and manner or in an appropriate storage place or depository
maintained lawfully by the City; and
WHEREAS, the City may improve the health and safety of the community by limiting
the number of junk vehicles stored on each parcel and requiring that all Junk Vehicles
be stored in a manner that is not visible from the public view; and
WHEREAS, reasonably restricting the repair of Junk Vehicles to locations outside of
public right -of -ways and front yards as well as limiting the number of vehicles that may
be worked on at one time will help eliminate attractive nuisances and the impact on
neighborhoods of home repairs; and
WHEREAS, eliminating the code provision that prohibits the removal of junk vehicles
from private property will expand the City's available enforcement remedies; and,
WHEREAS, other minor amendments to Kenai Municipal Code Chapters 12.20 and
12.25 are needed for housekeeping, administrative and enforcement purposes.
NOW, THEREFORE BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF
KENAI, ALASKA, THAT THE CITY OF KENAI MUNICIPAL CODE OF ORDINANCES,
CHAPTER 12.25 — ABANDONED VEHICLES BE AMENDED TO DEFINE
ABANDONED VEHICLES, AMEND THE DEFINITION OF JUNK VEHICLES AND
MAKE OTHER CHANGES REGARDING VEHICLE STORAGE, REPAIR AND
ENFORCEMENT AND AMENDING KENAI MUNICIPAL CODE 12.20.030 — DEBRIS
AND JUNK PROHIBITED, TO REFLECT THE TITLE CHANGE TO CHAPTER 12.25
AS SHOWN IN AMENDED ATTACHMENT "A ".
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 13T" DAY OF MAY, 2015.
CHAIRPERSON:
w�"' ATTEST:
TKAit, Chairperson
U
AMENDED
Attachment A
CITY OF KENAI
ORDINANCE NO. * -2015
Sponsored by: City Manager
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE CHAPTER 12.25 - ABANDONED VEHICLES, TO DEFINE
ABANDONED VEHICLES, AMEND THE DEFINITION OF JUNK VEHICLES AND MAKE
OTHER CHANGES REGARDING VEHICLE STORAGE, REPAIR AND ENFORCEMENT
AND AMENDING KENAI MUNICIPAL CODE 12.20.030 - DEBRIS AND JUNK
PROHIBITED, TO REFLECT THE TITLE CHANGE TO CHAPTER 12.25.
WHEREAS, the Planning & Zoning Commission requests the City Manager sponsor the
proposed Ordinance; and,
WHEREAS, the City currently prohibits abandoning vehicles on public property and
keeping "Junk Vehicles" for longer than 72 hours except under certain circumstances;
and,
WHEREAS, the Kenai Municipal Code does not define "Abandoned Vehicle" which
should be defined for due process and consistency in enforcement; and,
WHEREAS, the Kenai Municipal Code definition for "Junk Vehicle" should be amended
to more clearly define Junk Vehicle; and
WHEREAS, the Kenai Municipal Code should be amended to provide for a more
reasonable 30 -day time period rather than a 72 -hour time period for the removal of a
Junk from any property within the City that is not in an enclosed building or
completely screened from public view or on the premises of a business enterprise
being operated in a lawful place and manner or in an appropriate storage place or
depository maintained lawfully by the City; and
WHEREAS, the City may improve the health and safety of the community by limiting
the number of junk vehicles stored on each parcel and requiring that all Junk Vehicles
be stored in a manner that is not visible from the public view; and
WHEREAS, reasonably restricting the repair of Junk Vehicles to locations outside of
public right -of -ways and front yards as well as limiting the number of vehicles that
may be worked on at one time will help eliminate attractive nuisances and the impact
on neighborhoods of home repairs; and
WHEREAS, eliminating the code provision that prohibits the removal of junk vehicles
from private property will expand the City's available enforcement remedies; and,
WHEREAS, other minor amendments to Kenai Municipal Code Chapters 12.20 and
12.25 are needed for housekeeping, administrative and enforcement purposes.
New Text Underlined; tDELETED TEXT BRACKETED]
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Chapter 12.25 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 12.25 - Abandoned Vehicles, is hereby
amended as follows:
Chapter 12.25 ABANDONED AND JUNK VEHICLES
12.25.010 Definitions.
The following definitions shall apply in the interpretation and enforcement of this
chapter:
(a) "Abandoned Vehicle" means a vehicle left unattended on a public street
highway or other public property for a period in excess of seventy-two (72)
hours, unless otherwise specifically permitted by City ordinance or regulation
(b) "_Junk Vehicle" means a vehicle that exhibits at least two (2) of the following
elements:
(1) Is not currently registered,
]2 Is inoperable because it is missing a major component such as the
engine, transmission, axle, differential transfer case front driver seat or
steering wheel,
(3) The cost of repairs required to make the vehicle operable exceeds the fair
market value of the vehicle
(4) Missing windshield or windows
(5) Missing two (2) or more wheels or tires or has two (2) or more flat tires
(6) Missing a major body part such as a fender, quarter panel bumper
trunk lid, door or hood.
.(c)[A] "Person" [SHALL] means any person, firm, partnership, association, corporation,
company, or organization of any kind.
(d[[B] "Vehicle" [SHALL] means a machine propelled by power other than human
power designed to travel along the ground by use of wheels, treads, runners, or
slides, and transport persons or property or pull machinery and shall include,
without limitation, automobile, truck, trailer, motorcycle, tractor, buggy, and
wagon.
New Text Underlined; [DELETED TEXT BRACKETED]
(e)[C] "Street or highway" [SHALL] means the entire width between the boundary lines
of every way publicly maintained when any part thereof is open to the use of the
public for the purposes of vehicular travel.
(fl[D] "Property" f SHALL] means any real property within the City which is not a street
or highway.
12.25.020 Abandonment of [v ]Vehicles.
No person shall [ABANDON ANY] leave an abandoned vehicle within the City. [AND NO
PERSON SHALL LEAVE ANY VEHICLE AT ANY PLACE WITHIN THE CITY FOR SUCH
TIME AND UNDER SUCH CIRCUMSTANCES AS TO CAUSE SUCH VEHICLE
REASONABLY TO APPEAR TO HAVE BEEN ABANDONED.]
12.25.030 Leaving of []]Junk or [i]Illegally [p]Parked [v]Vehicles.
(a) No person shall leave any U]Junk [v]Vehicle on any street, highway, or public
property within the City.
(b) No person shall leave any vehicle remaining on public property designated for
parking in violation of regulations, ordinances, and /or posted times, periods, or
conditions. Any such vehicle shall be subject to emergency impounding
procedures pursuant to KMC 12.25.040(c).
(c) No person in charge or control of any property within the City, whether as
owner, tenant, occupant, lessee, or otherwise, shall allow any (j[Junk [v]Vehicle
to remain on such property longer than thirty (30) day [SEVENTY-TWO (72)
HOURS]; and no person shall leave any such vehicle on any property within the
City for a longer time than thirty (30) days [SEVENTY-TWO (72) HOURS]; except
that this ordinance shall not apply with regard to a vehicle in an enclosed
compliance with Kenai Municipal Code 12.25.040; a vehicle on the premises of
a business enterprise operated in a lawful place and manner, when necessary
to the operation of such business enterprise; or a vehicle in an appropriate
storage place or depository maintained in a lawful place and manner by the
City.
[(D) NOTWITHSTANDING KMC 12.25.030(C), NO VEHICLE MAY BE REMOVED
FROM PRIVATE PROPERTY WITHOUT THE CONSENT OF THE PROPERTY
OWNER OR OCCUPANT.]
ll[E] Notwithstanding the provisions of subsection (c) of this section, if the City
Manager or designee has reasonable grounds to believe that repairs can be
made to render a junk vehicle operable, that the registered owner or other
person entitled to possession of the vehicle is willing to undertake or have
performed such repairs, that the vehicle does not pose any health or safety
hazard, and that there is no reasonable means for removing the vehicle from
public view while repairs are being performed, the City Manager may authorize
a period of no more than thirty (30) additional days for the performance of such
repairs.
New Text Underlined; [DELETED TEXT BRACKETED]
In no case, however, may this section be construed as authorizing the operation
of a junkyard or other salvage or repair business where other requirements of
the law have not been met.
[(F) "JUNK VEHICLE" MEANS A MOTOR VEHICLE THAT IS:
(1) IN A CONDITION WHICH EXHIBITS TWO (2) OF THE FOLLOWING
ELEMENTS:
(I) A SUBSTANTIAL AMOUNT OF BROKEN OR MISSING GLASS,
(II) MISSING TWO (2) OR MORE WHEELS OR TIRES,
(III) MISSING A BODY PANEL OR BODY PART, SUCH AS QUARTER
PANELS, BUMPER, TRUNK LID OR HOOD,
(IV) MISSING AN ESSENTIAL COMPONENT SUCH AS THE ENGINE,
TRANSMISSION, CARBURETOR, DISTRIBUTOR, BRAKE OR
WHEEL CYLINDER, BRAKE SHOE, GENERATOR, OR
ALTERNATOR, STARTER, FRONT PASSENGER SEAT, OR DRIVE
SHAFT; OR
(2) STRIPPED, WRECKED OR OTHERWISE INOPERABLE DUE TO
MECHANICAL FAILURE; OR
(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.]
12.25.040 Storage of Junk Vehicles.
Junk Vehicles shall be stored in a back yard or side yard subiect to the following
restrictions:
(1) Two- thousand square feet of yard area is required Per vehicle up to a
maximum of four vehicles Per Parcel stored outside
(2) The storage area must be shielded from Public view by a sight obscuring fence
with a minimum height of six feet.
(3) Any stored Junk Vehicle must be covered with a car cover designed for
covering vehicles in earth tone colors including black or gray. Vehicle covers
shall not include tarps, tarpaulin, or similar tune cloths or canvas not designed
for covering vehicles.
(4) Junk Vehicles may only be stored on a Property that has an existing principal
permitted use.
12.25.050 Repair of Junk Vehicles.
New Text Underlined; [DELETED TEXT BRACKETED]
Junk vehicles shall may only be repaired subiect to the following restrictions
(1) Junk Vehicle repair shall take place within an enclosed structure or in a side
or back yard.
(2) Repair work may not be conducted on more than one junk vehicle at a time
unless within an enclosed structure.
,() Parts, equipment, and supplies must be stored in an area that is screened
from public view.
(4) Junk Vehicle repair is not allowed within the public right -of -way.
12.25.0[4]60 Impounding of Vehicles and Junk and Abandoned Vehicles
(a) The [CHIEF OF POLICE] City Manager or [ANY MEMBER OF HIS OR HER
DEPARTMENT DESIGNATED BY HIM OR HER] designee is hereby authorized
to remove or have removed any vehicle left at any place within the City which
reasonably appears to be in violation of any regulation or ordinance or lost,
stolen, or unclaimed. Such vehicle shall be impounded until lawfully claimed
or disposed of in accordance with this chapter.
(b) Where an abandoned, junk, wrecked, non - operating, illegally parked or
discarded vehicle presents no obstruction or hazard and is properly registered
and licensed, so that the owner or other interested persons can be notified, the
[CHIEF OF POLICE] City Manager, or designee shall give notice by personal
service or certified mail with return receipt requested to the owner and /or
interested person stating:
(1) A description of the vehicle;
(2) The violation or reason for police action;
(3) The proposed action to be taken;
(4) The right of the person notified to a hearing with, and an opportunity to
be heard by the [CHIEF OF POLICE] City Manager or designee in order
that the proposed action or amount due may be contested;
(5) That said vehicle will be towed, impounded, and /or disposed of if
unclaimed for a period of thirty (30) days after notice is sent.
(c) Where an abandoned, junk, wrecked, non - operating, illegally parked, or
discarded vehicle presents an obstruction or hazard, or an emergency exists,
and said vehicle is impounded or towed, notice of the type, and to the extent,
set forth in KMC 12.25.0[4]60 shall be given as soon as practical after towing or
impound.
New Text Underlined; [DELETED TEXT BRACKETED]
(d) Where the owner or other interested person cannot be readily ascertained,
notice by publication shall be given subsequent to towing or impound and prior
to sale or other disposal.
(e) The [CHIEF OF POLICE] City Manager or designee shall keep a record of all
vehicles impounded, containing date of impounding, description of vehicle and
conte[S]nts therein, cause for which impounded, and other information deemed
pertinent.
12.25.0[5]70 Redemption of [i]impounded [v]Vehicles
(a) After a vehicle has been impounded as provided by regulation or ordinance and
the owner or authorized representative of the owner of the vehicle claims the
same, he or she shall be informed of the nature and circumstances causing the
impoundment of such vehicle. He or she shall [AND TO] obtain a release
thereof and shall pay all towing and storage fees unless pursuant to KMC
12.25.0[4]60 it is administratively determined that the action taken was
unwarranted, in which case the vehicle shall be released immediately to the
owner without collection of fees or other charges.
(b) If the operator or owner of the vehicle, upon hearing before a magistrate and or
judge in a court of law, is found not guilty of the violation of which he or she is
charged, the impounded vehicle shall be released immediately to the owner
without collection of fees or other charges. If the owner or operator of such
vehicle is found guilty by the magistrate and or judge in a court of law, any fine
imposed under the provisions of the appropriate section of this title shall be in
addition to the towing and storage charges herein prescribed.
(c) A vehicle is declared to be impounded when an authorized person, pursuant to
and under authority of this title, requests dispatch of a tow truck to effect the
impoundment. A person whose vehicle has been impounded may obtain the
release of the impounded vehicle, if towing has not commenced, by paying the
tow contractor the tariff or contract rate as provided for canceled trips, provided
that such impoundment is one where the owner is entitled to release of the
vehicle. This section has no effect on a citation, ticket, or complaint that may
be issued in connection with the impoundment.
12.25.0[6]80 Disposition— Destruction.
(a) If the [CHIEF OF POLICE] City Manager or designee determines that an
abandoned vehicle impounded pursuant to this chapter has been scrapped,
dismantled, or destroyed beyond repair as provided in AS 28.10.221(a)(2), a
� azR
AS 24 10.^5 1( applicable state law or if he or she determines that because
of the age and condition of the vehicle it is no longer of significant value, he or
she may dispose of it by crushing or other means of destruction upon the
expiration of the thirty (30) day period required by KMC 12.25.0[4]60.
New Text Underlined; [DELETED TEXT BRACKETED]
(b) The City may also dispose of Junk Vehicles at the written request of the
registered owner of the vehicle or person in lawful possession or control of the
vehicle. This written request shall be on a form prescribed by the City.
12.25.0[7]90 Sale of [i]Impounded [v]Vehicles
When a vehicle has been impounded for violations of this title, the [CHIEF OF POLICE]
City Manager or designee or designated agent shall send a notice by certified mail to
both the legal and registered owner of the vehicle, if different persons, when the name
of the owner or owners can be ascertained by checking the records of the Alaska
Department of Public Safety.
The notice shall accurately describe the vehicle and any property therein, give the date
the vehicle was impounded and state that unless the vehicle is reclaimed within thirty
(30) days from the date of the notice, it will be disposed of pursuant to State law.
12.25.[08]100 Waiver of [c]Claims for [d]Damages.
An owner of an abandoned, discarded or illegally parked vehicle, waives any claims he
or she may have for damage to his or her vehicle which may result from actions taken
pursuant to this chapter. Such damage includes, but is not limited to, accidental
damage or destruction occasioned by removal, transport, storage, and acts of third
parties.
12.25.[09]110 Penalty.
A person who violates KMC 12.25.020 or 12.25.030 is P A& e
r bl� subject to a fine
as provided for violations in KMC 13.05.010.
Section 3. Amendment of Section 12.20.030 of the Kenai Municipal Code: That
Kenai Municipal Code, Chapter 12.20.030 - Debris and Junk Prohibited,
is hereby amended as follows:
12.20.030 Debris and junk prohibited
(a) The owner and the occupant of any private property in the City shall at all
times maintain the premises free from significant accumulations of junk,
garbage or litter that a reasonable person would find offensive. This section
shall not prohibit the storage of junk or litter in authorized private receptacles
for collection. A significant accumulation of junk or litter on any private
property in the City contrary to this section is deemed to be a public nuisance.
(b) No owner, lessee, agent tenant or occupant shall allow or permit slash to be or
remain upon any lot: (1) for longer than one hundred twenty (120) days within
the RU, RS1, RS2, TSH, CC or CG zones; or (2) for longer than one hundred
twenty (120) days on lots smaller than forty thousand (40,000) square feet
within the C, RR, RS, IL, IH, R or ED zones.
New Text Underlined; [DELETED TEXT BRACKETED]
(c) Nothing in this chapter shall be construed to limit the lawful operation of a
junkyard or storage yard. This section does not amend, alter or modify the
provisions of KMC 12.25 (Abandoned and Junk Vehicles).
As used in this chapter, the following words are defined in this section:
"Garbage" means all putrescible wastes, except sewage and body waste, including food
wastes resulting from the handling, preparation, cooking, or consumption of food or
the cans, containers, wrappers, or other tangible items wasted or used along with
such materials.
"Junk" means any worn -out, wrecked, scrapped, partially or fully dismantled or
discarded tangible material, combination of materials or items that cannot without
further alteration and reconditioning be used for their original purposes, including but
not limited to appliances, building material, chemicals, equipment, furniture,
machinery, metal, rags, rubber, paper, used tires, plastics and wood. Stacked firewood
or building materials stored for future use shall not constitute "junk."
"Litter" means all improperly discarded waste material, including, but not limited to,
convenience food, beverage and other product packages or containers constructed of
steel, aluminum, glass, paper, plastic and other natural and synthetic material,
thrown or deposited on the lands and waters within the boundaries of the City.
"Occupant" means the person in possession of the real property on which the junk or
litter is located. "Occupant' includes tenant and lessee.
"Owner" means the owner of the real property on which the junk or litter is located, or
the agent of the owner.
"Slash" is defined as branches and other residue left after the felling of timber. Tree
trunks trimmed free of roots and branches or cut firewood stacked and separated from
branches and other residue of tree cutting shall not constitute "slash."
Section 4. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part, provision, or application directly involved in all
controversy in which this judgment shall have been rendered, and shall
not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council
hereby declares that it would have enacted the remainder of this
ordinance even without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2015.
New Text Underlined; [DELETED TEXT BRACKETED]
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: *, 2015
Adopted: *, 2015
Effective: *, 2015
New Text Underlined; [DELETED TEXT BRACKETED]