HomeMy WebLinkAbout2016-01-27 Planning & Zoning Packet - Work sessionAGENDA
PLANNING & ZONING COMMISSION
WORK SESSION
JANUARY 27, 2015 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai.ak.us
A. Call to Order
B. Introduction (City Planner, Matt Kelley)
C. Discuss Ordinance pertaining to Kenai Municipal Code 12.50 – Abandoned Mobile
Home, to Promote Public Peace, Health, Safety and Welfare Through the
Regulation of Abandoned Mobile Homes including Provisions for Abatement and
Penalties ............................................................................................................ 1
D. Public Comment (Public comment limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
E. Planning and Zoning Commission Discussion
F. Adjournment
** The Work Session may continue after the regularly scheduled meeting at the
discretion of the Planning and Zoning Commission.
All meetings are open to the public and participation is encouraged. Agendas and supporting documents
are posted on the City’s website at www.ci.kenai.ak.us. For additional information, please contact the
Planning and Zoning Division at 907-283-8235.
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Sponsored by: *
CITY OF KENAI
ORDINANCE NO. *-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC
CHAPTER 12.50-ABANDONED MOBILE HOMES, TO PROMOTE PUBLIC PEACE,
HEALTH, SAFETY AND WELFARE THROUGH THE REGULATION OF ABANDONED
MOBILE HOMES INCLUDING PROVISIONS FOR ABATEMENT AND PENALTIES.
WHEREAS, the City of Kenai, as a home rule municipality, has the authority to exercise
it police powers to regulate public nuisances to promote public peace, health, safety and
welfare; and,
WHEREAS, abandoned mobile homes that are wrecked, scrapped, disassembled,
unusable, burnt or are in an inoperable or unrepairable state and are a breeding ground
for mosquitos, other insects, vermin or pest, or a point of heavy growth of weeds,
collection point of water, sewage or animal waste, contain concentrated levels of
flammable, hazardous or explosive materials, present a source of danger to children or
present a danger of falling or turning over, are a public nuisance; and,
WHEREAS, providing an enforcement procedure for citing and fining owners of
abandoned mobile homes that are a public nuisance, as well as a removal procedure
with court approval is in the best interest of the City, and is intended to discourage the
abandonment of mobile homes and provide a process for removal.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Enactment of Chapter 12.50 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 12.50-Abandoned Mobile Homes, is hereby enacted as follows:
Chapter 12.50 Abandoned Mobile Homes.
12.50.010 Purpose and Intent.
The purpose and intent of this Chapter is to promote the peace, health, safety
and welfare of the public through the regulation of abandoned mobile homes.
12.50.020 Administration.
(a) The administration and enforcement of this Chapter is the responsibility of the
City Planner, in cooperation with the Kenai Police Department under the supervision of
Ordinance No. *-2016
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the City Manager, unless the abandoned mobile home constitutes a grave and
immediate danger to the public peace, health, safety or welfare in which case the
administration and enforcement shall be conducted pursuant to KMC 12.10.020-
Abatement of Public Nuisances.
(b) Nothing in this Chapter may be construed to limit the legal authority or powers
of the City to enforce other laws or otherwise carry out duties regarding mobile homes.
(c) The City Planner or designee and Police Department are hereby empowered to
issue citations for violations of this Chapter.
12.50.030 Abandoned Mobile Homes Prohibited.
The property owner or persons entitled to possession of a mobile home or property
owner, lessee or occupant of the real property upon which a mobile home is located,
violate this chapter by causing or allowing a mobile home to be an abandoned mobile
home.
12.50.040 Removal of Abandoned Mobile Homes.
After appropriate notice, and if applicable, a hearing and/or appeal, the City may
seek an Order, in Superior Court, to remove any abandoned mobile home from private
property and recovery associated costs, fees, penalties and interest.
12.50.050 Notice, Hearing, Appeal, Lien on Property.
(a) Upon determination that a violation of this Chapter exists, the Planning
Department may issue a Notice of Violation or Enforcement Order to the property owner
or persons entitled to possession of a mobile home, lessee or occupant of the real
property upon which a mobile home is located.
(b) The Notice or Order must be provided by personal service, service of process, or
certified mail, return receipt requested. If after due diligence, the appropriate persons
or location of said persons cannot be discovered, the Notice or Order must be
conspicuously posted on the subject property.
(c) The Notice or Order must:
(1) identify the property and describe the abandoned mobile home located
thereon to be removed, abated or remedied,
(2) direct that the abandoned mobile home(s) be removed, abated, or
remedied,
(3) provide a reasonable time period in which to comply, not to exceed 90
days,
(4) state that the continued violation of the provisions of this Chapter is
subject to a fine of up to $50.00 a day,
(5) state that the City may seek a court order to remove, abate or remedy the
abandoned mobile home if appropriate action is not taken during the allowable
time period,
Ordinance No. *-2016
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(6) state that costs incurred by the City to remove, abate or remedy the legal
abandoned mobile home, if not paid by the violator(s) may become a lien on the
real or personal property upon which the abandoned mobile home is located,
notify the violator(s) of a right to appeal the notice or order to the Board of
Adjustment as provided in KMC 14.20.290 Appeals-Board of Adjustment, and
(7) inform the owner of the real property on which the abandoned mobile
home is located, that the City may remove the abandoned mobile home at its
costs or partial costs if the owner can show that the cost of removal or repair
would result in undue financial hardship. The City however, is not obligated to
remove any abandoned mobile home or structure.
12.50.60 Penalties.
The City may assess a civil penalty of $50.00 for a violation of this Chapter. Each
day in which the violation occurs or continues constitutes a separate offense. The City
also may apply additional penalties and interest to any unpaid penalty amounts
consistent with KMC 1.75.010-Computation.
12.50.70. Definitions.
(a) “Abandoned Mobile Home” means a mobile home that has not been connected to
water or electrical utilities or an alternative adequate sources of the same for a
period in excess of 180 days or is otherwise documented by City personnel to be
unoccupied for a period in excess of 180 days, and is determined to be a nuisance
because it is in a wrecked, scrapped, disassembled, unusable, burnt, inoperable
or unrepairable state, or creates or fosters one or more of the following conditions:
(1) a breeding ground or harbor for mosquitoes, other insects, vermin or other
pests;
(2) a point of heavy growth of weeds or other noxious vegetation over eight
inches in height;
(3) the collection of pool or ponds of water;
(4) concentrated quantities of gasoline, oil, or other flammable or explosive
materials;
(5) a source of danger for children because of the possibility of entrapment or
injury from exposed sharp surfaces of metal, glass, or other rigid materials;
(6) a source of danger from the structure, or parts thereof, falling or turning
over;
(7) an accumulation of sewage or animal waste; or
(8) concentrated quantities of hazardous materials.
(b) “Dwelling” means a building or any portion thereof designed or used exclusively
for residential occupancy including one-family, two-family or multiple-family
dwellings, but not including any other building wherein human beings may be
housed.
(c) “Mobile Home” means a structure, which is built on a permanent chassis in
accordance with Department of Housing and Urban Development Standards and
Ordinance No. *-2016
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designed to be used as a dwelling unit, with or without a permanent foundation
when connected to the required utilities. A mobile home is subject to all
regulations applying thereto, whether or not wheels, axles, hitch or other
appurtenances of mobility are removed and regardless of the nature of the
foundation provided.
(d) “Property Owner” means the owner shown on the latest tax assessment roll.
(e) “Structure” means that which is built or constructed, an edifice, or a building of
any kind, composed of parts joined together in some definite manner.
(f) “Undue Financial Hardship” is determined based on the following:
Annual income as a
Percent of current Health
& Human Services (HHS)
Poverty Guidelines for
Alaska
Percent of Cost Reduced
1 – 100% 100% Waiver
101 – 149% 75% Waiver
150 – 174% 50% Waiver
175 – 199% 25% Waiver
200% plus No Waiver
Section 3. 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 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of
October, 2015.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: , 2016
Enacted: , 2016
Effective: , 2016
CORRESPONDENCE RECEIVED FROM THE PUBLIC
Highland Pride Park Page 1
Sandra & Michael Lashbrook, dba
Highland Pride Park (HPP)
Mailing Address: 3750 E Steven Drive, Wasilla, AK 99654
Physical Address: 5125 Silver Salmon Drive, SPC 14, Kenai, AK 99611
Phone: (907) 232-7990
TO: CITY OF KENAI PLANNING & ZONING COMMISSION
Ken Peterson: kap1946@hotmail.com
Diane Fikes: dmfikes@yahoo.com
Bob Springer: rcspringer@gci.net
Glenese Pettey: Glenese.pettey@edwardjones.com
Jim Glendening: jimsfrogs@yahoo.com
Jeff Twait: cornerstonecustomhomedesigns@gmail.com
Jack Focose: yukonjaxx@gmail.com
Council Member Knackstedt: hknackstedt@kenai.city
RE: January 27, 2016 – 6:00 P.M. WORK SESSION
Continuing Comments on Proposed Ordinance Enacting KMC 12.50, Abandoned Mobile Homes,
and comparison with past duplicative Ordinances
January 20, 2016
Dear Esteemed City of Kenai Planning & Zoning Commissioners:
Per the P&Z Board request, and specifically that of Mr. Glendening to “take another bite of the apple,” I
have outlined herein my concerns about the proposed KMC 12.50 Abandoned Mobile Homes Ordinance
(referred to herein as AMHO), tried to address the issues and questions which were brought up at the last
work session on December 9th, and have prepared a “side-by-side” comparison of the AMHO and newly
proposed KMC 12.50 with the existing KMC 12.10 Nuisances in General, including 12.10.010 Definitions
and 12.10.020 Abatement of Public Nuisances.
I would like to incorporate my original letter to the Board, dated December 9, 2015, since if this AMHO is
determined to be necessary after all, those concerns are still valid and I will try not to repeat them here.
The Idea of Cleaning Up the City is Admirable.
I want to make it clear that I don’t disagree, in principle, with the idea of removing wrecked, unsanitary
structures of any kind, including mobile homes, when they cannot be repaired because they are too far
gone, or when the owner is not interested in repairing them or simply doesn’t have the money. Nobody
wants to see rotten, dismantled, decaying buildings of any kind, nor see anyone get hurt by them, children
or otherwise. To that end, I appreciate the goals stated in the new ordinance. I’m not convinced, however,
that the City can’t reach those goals with existing code.
Highland Pride Park Page 2
In addition, specifically targeting abandoned (i.e., vacant) mobile homes separately from all other
abandoned/vacant structures, even if or when they are not structurally unsound/dilapidated, as well as
fining and punishing the landowner even when the mobile home isn’t theirs, purportedly so as to
“discourage the abandonment of mobile homes” (per the AMHO) when the hapless landowner had nothing
to do with it and couldn’t have prevented a tenant from abandoning it anyway, and then requiring the
landowner to remove or pay for the expensive removal of the mobile home in a very unreasonably short
period of time (or worse, require them to remove multiple abandoned mobile homes simultaneously in one
short time period), or liening their property to the tune of thousands of dollars for the City to do so, does
raise my ire.
Speaking from experience, adversarial actions like those described lead to a “fight” with the City which
doesn’t do anyone any good. I’ve personally heard City officials make derogatory, prejudicial, verbatim
remarks such as, “We just want to get rid of these older mobile homes from the City;” “red-neck condo;”
“…get the blight out of our community…” Wow. Do we want to get “rid” of the older citizens living in
them, too, because they don’t deserve to live in the wonderful City of Kenai unless they can afford a
$100+k stick-built home? Not to attempt to coin a phrase, but “Mobile Home/Park Owners Matter.”
Every citizen of Kenai matters, rich or poor, working or disabled, college-educated or not; we are all just
trying to make a living. I think it’s important to realize the impression the City gives sometimes when
conversations and Ordinances like these arise. Yet, I realize that the City is trying to make its streets and
neighborhoods clean, tidy, safe, and pleasant.
Therefore, I’m taking the time to write, and I apologize in advance for this letter’s length. The Sections
and purpose of this letter include:
I. What Can and Has Happened. Reveal what can happen when the City forcefully enforces, to the
letter, punitive ordinances like this one; (i.e., do we really need to “streamline” the City’s powers
any further?);
II. Is the AMHO Necessary or Are There Existing KMCs Already In Place? Make comparisons
between the AMHO and past duplicative ordinances, (including the “WHEREAS clauses”
depicting their intent) and point out that there are already Kenai codes in place authorizing the City
to address every one of the situations in Mayor Porter’s photos of dilapidated mobile homes;
III. Are There Easier, Non-Punitive, Non-Adversarial Solutions? Suggest other ways the City
could address the problem of abandoned and dilapidated mobile homes (if they are truly beyond
repair) in a non-adversarial and non-punitive manner;
IV. If the Commission still feels the AMHO is necessary. Highlight the wording problems,
numerous typos, and go over it with a “fine-toothed comb” to point out trouble spots:
a. for instance, there are two very different definitions of “abandoned mobile home” in the
AMHO, one of which problematically allows abatement merely because it’s been deemed
vacant and without utilities for six months, without the requirement that it be deemed
“dilapidated and unfit for human habitation;”
b. discuss the problems with including abandoned mobile homes on land in mobile home
parks in the AMHO, and complications/conflicts with the Landlord Tenant Law (i.e.,
recommendation to exclude all landlord-tenant situations where the landowner is different
from the mobile home owner).
Highland Pride Park Page 3
I. What Can and Has Happened Regarding Mobile Home Abatements.
A. Historically, the City Had No Problem Condemning Abandoned Mobile Homes &
Abating Them, Blurring the Distinction between merely “vacant, unoccupied
homes” and those that “should be condemned.”
City Attorney, Scott Bloom, stated at the December 9, 2015 P&Z Work Session something to the effect that
it is “difficult to condemn structures” without stepping onto private property. Respectfully, however, I beg
to differ, because that wasn’t an issue in 2007, and I don’t believe it would be now, either, especially with
the mobile homes in the photos Mayor Porter included with the AMHO. The City did not need this new
ordinance to condemn abandoned mobile homes back then, which is why I submit that it remains
unnecessary now. I state this because it has already been done by the City, on two different abandoned
mobile homes, simultaneously, in my park in 2007 successfully1, and was attempted again on two different
abandoned mobile homes, simultaneously, in my park in 2008 (which were resolved via other means). I
only bring this up because either the City already has the power in the Code to abate abandoned, “derelict”
structures (including mobile homes, obviously) without the addition of a new KMC 12.50, or what the City
did in 2007 was without proper authority. Since the City would argue it had the authority, it is presumable
that the power already exists in the Code, especially after several post-abatement enhancements that were
added to existing garbage and nuisance codes. Therefore, I submit that especially after the post-
abatement enhancements to the KMC which I will explain later herein, the City already has the
streamlined power to abate abandoned mobile homes they deem as “derelict and unfit for human
habitation,” making the AMHO unnecessary.
B. This letter is not to rehash my 2007 Abatement case with the City of Kenai.
References to my 2007 case are merely an example where the City did exactly what the new AMHO states
are its goals, without needing the AMHO in place. I want the Commission to know that the focus of this
letter is not about what happened to me in 2007, whether it was fair and just, or unfair and unjust, etc., and
in no way do I wish to rehash the matter at this forum!! I merely (reluctantly) include these documents and
comments in this segment as evidence that the new KMC 12.50 is unnecessary, because back in 2007, even
before several Code enhancements were made with various new Ordinances, the City found an easy and
quick way to abate what the City Manager decided were “derelict/unfit structures” when in fact, they had
actually been “abandoned mobile homes” recently left by owner-tenants who had been inhabiting them for
years.2 So there is little to no meaningful difference in the terms in actual practice. If the City wants
1 Background in 2007 abatement case: The City served my husband and I, co-owners of Highland Pride Park, with two (2) simultaneous
Notices and Orders for Condemnation of Unsafe or Unlawful Structures on May 29, 2007, after which my husband and my onsite manager
began the monumental task of removing two (2) mobile homes recently abandoned by tenants, each with several additions and sheds, in the
same forty-five (45) day period given us by the Notices, using a Bobcat and their bare hands. I was actually out of the country on business
from May 2 – July 17th, 2007, so appealing the Orders was inconceivable. My husband and manager were unable to complete the removal by
the deadline when the Bobcat broke down, but had completed about 90-95%, leaving two piles of rubble and a chassis/frame of one of the
trailers. My husband asked for an extension in mid-July, but it was denied. The violations, the KMC on which they were based, and the entire
process (from the City’s viewpoint) is described in Robert Springer’s Affidavit in Attachment 1-16. The other relevant documentation,
including the City’s ex parte request of the Kenai District Court Judge for a Search Warrant and ultimate abatement by City contractor with
resulting lien of $6,450 against our mobile home park for “nuisance abatement of real property” is also included in Attachments beginning 1-
5 through 1-28.
2 Mobile Home in Space #19 was abandoned the previous fall of 2006 by the Dillion family, and #31 was vacated and abandoned on 5/9/2007
by Sid Redden (who sustained injuries in an automobile accident), after a ten+ year residency at Highland living in his mobile home. He
vacated his home on 5/9/2007 due to my filing an eviction for non-payment of space rent. This “abandonment” occurred a mere 20 days before
the 9/20/2007 Notice for Condemnation of #31 was served on me, the landowner. See Attachments 1-9 through 1-12.
Highland Pride Park Page 4
to condemn a vacant mobile home, the City Manager can already order it… in fact, has ordered it done
with the existing code. I also submit this background information to explain why this matter is so
important to me, and to reveal the extent of what can happen and thus, obviously, why it’s so important to
review the language of new code ordinances so carefully to protect property owners and not grant the City
Officials unlimited, unchecked power.
C. Inspecting structures (including mobile homes) by stepping onto or into the
property is not required to deem them uninhabitable, condemn them, deem
them a public nuisance, and order them demolished.
In both May, 2007 cases, contrary to Attorney Bloom’s supposition, Building Official Robert Springer did
not, nor did he apparently need to, step foot onto either mobile home lot space, nor inside either home (per
his personal handwritten notes obtained in my FOIA request, available upon request but left out of the
attached documents). The fact that they were older mobile homes “with several wood frame additions”3
and were currently uninhabited on May 29, 2007, was enough to condemn them, at the urgent, written
directive of City Manager,4 after simply viewing them from the road, at a distance of about 30-40 feet
away. The KMC on which Building Official Springer relied upon to issue the two simultaneous Notices
and Orders for Condemnation of the two mobile homes was: KMC 4.105 (adopting the International
Property Maintenance Code)6, and within that Code, specifically, IPMC §108.1.17 and 108.1.3.8 A careful
review of that code in the footnotes already checks off every box of the proposed AMHO.
Later, when we couldn’t finish the demolition and removal of all of the rubble from both trailers and the
several wood-frame structures attached to them in time, the City, in a subsequent Notice dated August 15,
2007,9 also relied on two other existing codes to complete the abatement of the remnants:
1. The 2007 version of KMC 9.10.01010 (the garbage code). The City successfully
used the definition of “garbage” in this code to justify receiving a Search Warrant and
3 See Affidavit of Robert Springer, Attachment 1-16.
4 See Memo to Jack LaShot from Rick Koch, May 25, 2007, SUBJECT: Highland Pride Mobile Home Park, Attachments 1-7 through 1-8.
5 KMC 4.10.010: Adoption of International Property Maintenance Code. There is hereby adopted for the purpose of establishing rules
and regulations for the abatement of dilapidated, defective buildings which endanger life, health, property, and public safety, that certain
code known as the International Property Maintenance Code, 200X Edition, of the International Code Council except for such portions as are
hereinafter deleted, modified, or amended, and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ords. 45,
269, 395, 542, 839, 1118, 1346, 1479, 1645-95, 1813-99, 2001-2003, 2089-2005, 2277-2008)
6 Relevant parts of the IPMC are attached. See Attachments 1-1 through 1-4.
7 IPMC, Sec. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of
the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or
because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty
construction or unstable foundation, that partial or complete collapse is possible.
8 IPMC, Sec.108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that
such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential
equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
9 See Attachment 1-13: This was the 10-day Warning Letter dated August 15, 2007, by Building Official Robert Springer, to clean up remains
of demolition of the two trailers or the City would hire a contractor and file a lien on the property to recover the costs. As an aside, when I got
this letter, since our Bobcat was being repaired, I figured, “Go ahead, we already did the majority of it” thinking it would be several hundred
dollars, (which is what it should have cost at that point). Had I been given the original quote of $8,250, (reduced to $6,450 by giving us an
$1,800 “credit” for removing the vast majority of the two trailers), it would have gotten my attention. But the “bid” was not shared, and I was
shocked when I saw the amount in the lien. The City had no motive to negotiate the price substantially lower based on the amount of work
already done, and this is the problem with this type of enforcement.
10 KMC 9.10.010 (in 2007) (a): 9.10.010 Garbage to be deposited in containers - All garbage created, accumulated, or produced shall be
deposited in water-tight containers equipped with tight-fitting lids. Such container shall be one manufactured for the purpose of storing or
depositing garbage collection. All premises shall be maintained by the owner or agent free of garbage, rubbish, refuse, debris and filth
Highland Pride Park Page 5
abating the remnants left of the two trailers. Then, after the August 2007 abatement, the
P&Z Commission recommended the October 17, 2007 Ordinance 2260-2007 which
redefined “garbage” and “junk” in KMC 12.20.030(a) to include exactly what was left on
our lot spaces after the majority of the two trailers were demolished:
…”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…”11
2. IPMC §106.312 which was the basis for ultimately claiming the $6,450 lien on my
mobile home park real property.13
Although the IPMC and KMC fail to mention the exact legal process required to “abate a nuisance” when a
property owner fails to complete its removal on time, the City cannot just go onto a property and start
taking things. In order not to violate the Lashbrooks’ 4th Amendment rights to be protected from
unreasonable searches and seizures, which could subject the City to an action under 42 U.S.C. §1983,14 the
City of Kenai sought a Judge’s ex parte Search Warrant Order15 to allow their contractor onto Highland
property to remove the remnants of the two trailers, via filing the Affidavit of Robert Springer.16
Thereafter, the City filed the $6,450 Claim of Lien17 with the Recorder’s Office.
Long before then, on August 1, 2007, the Council had passed Resolution 2007-54,18 to transfer $8,250 to
the “Buildings Department/Repair & Demolition” account to pay the contractor in case the remnants of
mobile homes #19 and #31 were not finished being removed from Highland. In the WHEREAS section, it
stated: “WHEREAS, the City of Kenai has an active program of abating unsafe or dilapidated
buildings under the IPMC and may have to demolish such buildings if the owners fail to do so…”
That seems to be the exact goal of the new AMHO, yet, even in 2007, everything seemed to be in place for
a successful abatement, without needing a new Code ordinance.
accumulation. If after ten (10) days notice from the City, the owner or agent of a premises fails to correct any of the above conditions, the City
may cause it to be done and have cost thereof assessed as a lien against the property. (KC 9-2; Ord. 1929-2001)
11 See Attachment, 1-25.
12 IPMC 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with
Section 107 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is
not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or
to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or
direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate
upon which the structure is located and shall be a lien upon such real estate.
13 See Attachments, 1-27 and 1-28, $6,450 Claim of Lien which is still on my property. It was also filed by the City as a claim in my 2009
bankruptcy. Stated as the basis for the claim was “nuisance abatement of real property.” (See 1-32.)
14 42 U.S.C. §1983 provides a cause of action for deprivation of federal constitutional and statutory rights.
15 See Attachment 1-20, Administrative Search Warrant.
16 See Attachment 1-16, Affidavit of Robert Springer.
17 See Attachment 1-27 and 1-28, Claim of Lien.
18 See Attachment 2-21, Resolution 2007-54, passed August 1, 2007.
Highland Pride Park Page 6
II. Is the AMHO Necessary or are there Existing KMCs or IPMCs Already In
Place To Do the Job?
A. The Proposed KMC 12.50 is Redundant and Unnecessary.
From personal experience and after close scrutiny, I believe that the KMC combined with the IPMC
already contain the laws which would allow the City to abate an abandoned mobile home determined
by the Building Official to be in a dilapidated and uninhabitable state. City officials at the last meeting
emphatically stated that the intent of this Ordinance was not to just up and issue a Notice to abate a mobile
home that was “unoccupied as a dwelling for at least 180 days,” unless it was also unfit for human
habitation, by the comments, “no one could live in it,” or “it had a roof caving in,” or it was otherwise
deemed “a public nuisance” based on a myriad of issues.
B. Abandoned/Vacant Structures vs. Uninhabitable/Derelict/Dilapidated
Structures: Does the City need another Code to deem a structure a dilapidated
nuisance and abate it?
City Attorney Scott Bloom commented at the 12/9/2015 P&Z Work Session something to the effect that it
was difficult to condemn structures [and require they be removed because they are consequently deemed a
public nuisance] without having the right or permission to step onto the private property of the
landowner, and that the existing public nuisance Codes were therefore “not workable for abandoned
mobile homes.” But if the abandoned mobile home in question is truly uninhabitable, dilapidated, and
unsafe, and not just “abandoned and vacant,” the City has the authority to condemn it and abate it in KMC
4.10.010,19 Adoption of International Property Maintenance Code:
KMC 4.10.010: Adoption of International Property Maintenance Code. There is hereby adopted
for the purpose of establishing rules and regulations for the abatement of dilapidated, defective
buildings which endanger life, health, property, and public safety, that certain code known as
the International Property Maintenance Code….[Emphasis added.]
Also, the City has additional authority for abating dilapidated structures in KMC 12.10.010(m) and (q),20
“Definitions of public nuisances,” and in KMC 12.10.020, “Abatement of Public Nuisances.21” Attorney
19 KMC 4.10.010: Adoption of International Property Maintenance Code, ibid., see earlier footnote.
20 KMC 12.10.010 Definitions: In addition to other public nuisances declared by other sections of this Code, the following are hereby
declared to be public nuisances:
….(m) Any building or structure which is dangerous to the public health or safety because of damage, decay, or other condition….
….(q) Any building or structure that is partially or wholly burned or otherwise partially destroyed by other means and that is hazardous
to the safety of any person, a continuing fire hazard, or is structurally unsound to the extent that there is a likelihood of injury to any person
entering the structure.
21 KMC 12.10.020 Abatement of public nuisances.
(a) Some public nuisances are of such nature as to constitute a grave and immediate danger to the public peace, health, safety, morals, or
welfare. It is recognized that circumstances may be such as to justify, and even to require, the City Administrator or other appropriate officer or
agency of the City government to take immediate and proper action to abate such nuisances, or to reduce or suspend said danger until
more deliberate action can be taken toward such abatement.
(b) The Chief of the Fire Department, the Chief of Police, and City Health Officer, the Building Official, Electrical Inspector, the Plumbing
Inspector, or any other officer subordinate to the City Administrator may submit, through or with the consent of the City Administrator to
the City Council, a statement as to the existence of a public nuisance as defined by KMC 12.10.010 or by other sections of the
ordinances of the City, and a request or recommendation that it be abated. The City Administrator himself, the Mayor, any Councilman, or
any resident or residents of the City may submit such a statement, request, or recommendation to the City Council. The Council shall
determine whether or not the alleged public nuisance is a public nuisance in fact. For the purpose of gathering evidence on the subject, the
Council shall have power to subpoena and examine witnesses, books, papers, and other effects. Before proceeding to abate the nuisance or
to have it abated, the Council shall give notice of a hearing on the proposed abatement to the owner of property concerned and to any
Highland Pride Park Page 7
Bloom stated something to the effect that, “the City can do it now (abate abandoned mobile homes) with
the existing Code, but this new AMHO would ‘streamline’ abating abandoned mobile homes.” Frankly, I
don’t doubt that it’s possible to make it even easier for the City to abate abandoned mobile homes,
regardless of their condition, and I admit that some City officials might believe “the City” benefits from
such “streamlining,” but at what ultimate cost to the City’s residents? I think the process is easy enough as
it is, and making it “easier” scares me because it gives the City Officials too much power to destroy
property with the brush of a pen. Like myself in 2007, most property owners are not going to be savvy
enough to figure out that they should appeal these types of Orders.
C. The AMHO would “streamline” the removal of mobile home owners’ property
rights (but not those of stick-built homeowners) without the protections
afforded by the nuisance abatement code in KMC 12.10.020.
I think the cost to the City’s mobile home residents is that this AMHO adds another unnecessary layer to an
already complicated KMC, and “streamlines” the removal of property rights of mobile home owners and
park owners that are granted in other nuisance determination proceedings (for owners of “buildings and
structures”) outlined in KMC 12.10.020 where the entire City Council gets involved in determining if the
structure is a nuisance (instead of just solely the Building Official and/or the Planning & Zoning Official
and/or the City Manager), and lastly, that breaking out and targeting abandoned mobile homes with this
“streamlining” vs. other stick-built structures is generally discriminatory against mobile home/park owners.
Why is it that mobile home owners whose homes are being deemed a “public nuisance” are to be deprived
of having the entire City Council make that determination, whereas owners of abandoned “buildings and
structures” apparently are not so deprived? If a structure, including a mobile home, is “dilapidated, unfit,
partially destroyed, caving in,” etc., then why can’t the City rely on KMC 4.10.010, the adoption of the
International Property Maintenance Code, as the standard of habitability and condemn it as a public
nuisance?22 Doesn’t the IPMC apply to mobile homes? Why is an entire separate ordinance suddenly
necessary?
D. Conflict with KMC 12.10.010(m) (q) and KMC 12.10.020 Abatement of Public
Nuisances.
The new KMC 12.50 may even circumvent, conflict with, or partially duplicate other parts of the KMC
already in effect. These include definitions found in KMC 12.10.010(m) and (q)23, (the latter of which
was substantially updated by Ordinance 2499-201024 on 9/18/2010). In addition, KMC 12.10.020
other person alleged or deemed responsible for or to be causing the public nuisance, and an adequate opportunity to be heard if such
notice and opportunity for hearing can be given. Such notice to the owner and other persons concerned shall be given in writing by registered
or certified mail or by service by a police officer if their names and addresses are known; but, if the names or addresses are not known, and the
public peace, health, safety, morals, or welfare would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be
published in a paper of general circulation within the City.
(c) If the Council finds that a public nuisance does in fact exist, it shall direct the owner and/or other persons responsible for or causing the
public nuisance to abate it within a specified time if the public interest would not be unduly jeopardized by the consequent delay. If the public
interest would be unduly jeopardized by the consequent delay, or if the owner or other persons responsible for or causing the public nuisance
do not abate it within the specified time, the Council shall direct the City Administrator to abate the public nuisance or to have it abated
if summary abatement is practical. The costs and expenses incurred by the City in such abatement shall be chargeable to the owner, and
levied and collected as property taxes are levied and collected.
(d) The procedures for abating or dealing with public nuisances as prescribed in this section shall be cumulative and in addition to any other
procedures authorized by law or ordinance.
22 See the IPMC relevant pages, Attachments 1-1 through 1-4.
23 KMC 12.10.010 Definitions: Ibid., see earlier footnote.
24 See Attachments 1-29 through 1-32: Ord. 2499-2010 Amends KMC 12.10 Definition of "Nuisance."
Highland Pride Park Page 8
Abatement of public nuisances25 mentioned above, outlines a very distinct (but different) procedure to
abate nuisances (which since October of 2010 now include structures “dangerous to the public because of
damage, decay, or other condition,” and those which are “partially or wholly burned or otherwise partially
destroyed, or unsound structures”). The procedure specified in the AMHO eliminates the involvement of
the City Council in determining whether or not a mobile home is a public nuisance, an important right.
Again, something doesn’t make sense here: why are mobile homes singled out for different treatment (and
are not considered “any building or structure which is dangerous…” or “any building or structure that is
partially or wholly burned or otherwise partially destroyed by other means…”?
E. Other differences and similarities can be seen in a “side-by-side” comparison of
the language in the AMHO vs. that existing in other code:
Abandoned Mobile Home Ordinance (AMHO):
Enacting KMC 12.50 Abandoned Mobile Homes, to
promote…health, safety & welfare… including provisions
for abatement & penalties…
ORDINANCE NO. 2499-201026:
Amending KMC 12.10, Nuisances In General, to include
unsightly premises & certain structures destroyed or
partially destroyed…
WHEREAS, abandoned mobile homes that are wrecked,
scrapped, disassembled, unusable, burnt or are in an
inoperable or unrepairable state and are a breeding ground for
mosquitos…. present a source of danger to children or
present a danger of falling or turning over, are a public
nuisance
WHEREAS, there are within the City many structures that
have been damaged or destroyed by fire or by other means
and that have not been repaired, replaced, or removed,
sometimes for an extended period….
…. WHEREAS, damaged and dilapidated structures and
properties appeal both to children looking for adventure…
WHEREAS, providing an enforcement procedure for citing
and fining owners of abandoned mobile homes that are a
public nuisance, as well as a removal procedure with court
approval is in the best interest of the City, and is intended to
discourage the abandonment of mobile homes and provide a
process for removal
WHEREAS, the definition of what status and/or conduct is a
public nuisance in the City's Code does not include unsightly
premises or buildings or structures that have
been destroyed or partially destroyed and where the owner
has failed to make repairs or remove the remaining
structure
12.50.70. Definitions.
(a) “Abandoned Mobile Home” means a mobile home that has
not been occupied as a dwelling for at least 180 days and;
1. Is determined to be a nuisance because it is in a wrecked,
scrapped, disassembled, unusable, burnt, inoperable or
unrepairable state, or….
WHEREAS, there are also many properties within the City
where owners or occupants have failed to maintain the
premises and the properties are so dilapidated that the
failure to address basic cleanliness and/or maintenance
standards on the premises have adversely affected the
property values of surrounding properties
enforcement of this Chapter is the responsibility of the City
Planner… unless the abandoned mobile home constitutes a
grave and immediate danger to the public peace, health,
safety or welfare in which case the …enforcement shall be
conducted pursuant to KMC 12.10.020-Abatement of Public
Nuisances.
{Note: Is it a public nuisance that needs to be
abated, or not? If it is, it seems like 12.10.020 should
apply, whether or not it is a “grave and immediate
danger…” so perhaps KMC 12.10.020 needs to be
amended to include “all public nuisances for
abatement,” and not just those that are “grave and
immediate dangers.”}
KMC 12.10.010 in relevant part states:
In addition to other public nuisances declared by other sections
of this Code, the following are hereby declared to be public
nuisances:
(m) Any building or structure which is dangerous to the
public health or safety because of damage, decay, or other
condition;
25 KMC 12.10.020 Abatement of public nuisances: Ibid, see earlier footnote.
26 See Attachments 1-29 through 1-32, the Oct. 2010 ORDINANCE NO. 2499-2010
Highland Pride Park Page 9
It seems like, from the above comparisons, there is a lot of duplication with other KMC Codes. I’m not
skilled enough to determine how to fix that, but it seems to me that all public nuisances should be treated
equally, whether they are mobile homes or stick-built homes.
F. Duplication with IPMC
City Planner Matt Kelley assured me that the IPMC pertains to mobile homes; I would assume this is the
case whether they’re “abandoned” or otherwise. Without painstakingly going through the parts of the
IPMC that the City Counsel deleted when they last accepted the IPMC, I assume the following sections are
relevant.
1. IPMC §108 UNSAFE STRUCTURES AND EQUIPMENT
Ҥ108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and
occupancy, and is not in danger of structural collapse, the code official is authorized to post a
placard of condemnation on the premises and order the structure closed up so as not to be an
attractive nuisance…. “
So this is another option with an abandoned mobile home that could prevent it from being an attractive
nuisance to children, and would keep out unwanted critters.
2. IPMC §109 EMERGENCY MEASURES
Ҥ109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of
failure or collapse of a building or structure which endangers life, or when any structure or part
of a structure has fallen and life is endangered by the occupation of the structure, or when there is
actual or potential danger to the building occupants or those in the proximity of any structure
because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials,
or operation of defective or dangerous equipment, the code official is hereby authorized and
empowered to order and require the occupants to vacate the premises forthwith. The code official
shall cause to be posted at each entrance to such structure a notice reading as follows: “This
Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be
unlawful for any person to enter such structure except for the purpose of securing the structure,
making the required repairs, removing the hazardous condition or of demolishing the same.”
Again, if a structure is in danger of collapse, or has already collapsed like the mobile home off the Spur
Hwy., this Code gives the Building Official authority to condemn it, and the following IPMC allows
him/her to order its demolition.
3. IPMC §110 DEMOLITION
Ҥ110.1 General. The code official shall order the owner of any premises upon which is located
any structure, which in the code official’s judgment is so old, dilapidated or has become so out
of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or
occupancy, and such that it is unreasonable to repair the structure, to demolish and remove
such structure; or if such structure is capable of being made safe by repairs, to repair and make
safe and sanitary or to demolish and remove at the owner’s option; or where there has been a
cessation of normal construction of any structure for a period of more than two years, to demolish
and remove such structure.”
Highland Pride Park Page 10
This section seems to lack nothing that the City requires to order the demolition and removal of dilapidated,
abandoned mobile homes or any structures. Regardless that KMC 12.10.020 pertains only to structures
posing a “grave and immediate danger,” this Section 110.1 doesn’t appear to have that restriction. So why
would the AMHO be necessary when this is already in the Code?
4. IPMC §110.2 NOTICES AND ORDERS
“All notices and orders shall comply with Section 107.”
So why would “12.50.040 Removal of Abandoned Mobile Homes” be necessary?
5. IPMC §110.3 FAILURE TO COMPLY
“If the owner of a premises fails to comply with a demolition order within the time prescribed, the
code official shall cause the structure to be demolished and removed, either through an available
public agency or by contract or arrangement with private persons, and the cost of such demolition
and removal shall be charged against the real estate upon which the structure is located and shall be
a lien upon such real estate.”
This section eliminates the need to re-state all these things in the AMHO, in 12.50.040 and 12.50.050
Notice, Hearing, Appeal, Lien on Property.
6. Other duplicative sections include:
§201.5 Parts. Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,”
“rooming unit” “housekeeping unit” or “story” are stated in this code, they shall be construed as though
they were followed by the words “or any part thereof.”
§301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in
compliance with these requirements, except as otherwise provided for in this code. A person shall not
occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary
and safe condition and which do not comply with the requirements of this chapter….
§301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be
maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting
problem or adversely affect the public health or safety.
III. Are There Easier, Non-Punitive, Non-Adversarial Solutions?
A. The City Should Work With the Landowner/Mobile Home Owner & Share or
Even Bare the Cost as It Does with Abandoned Vehicles.
If the P&Z Commission would recommend taking out all the punitive clauses, fines, and dictates, and
instead insert one short phrase “with the written agreement of the owner of the dilapidated structure/mobile
home and the land on which it sits, the City may pay all or agree to share a percentage of the cost of
removal of unwanted, abandoned, and dilapidated, uninhabitable mobile homes/structures, with the mobile
home owner, based on the estimated expense of removal if such expense exceeds $1,000, (or “on a sliding
scale,” or something to that effect), we could all go home. Even non-poverty-level owners of mobile
homes and landlords like myself owning several rental mobile homes will find the abatement of a mobile
home at a cost of over $1,000 a burden. If the City looks at the problem as more of an issue with which it
can partner with the home-owner to help solve, instead of “enforcing” and “fining” the homeowner or
landowner or both to “discourage the abandonment of mobile homes,” I believe it would accomplish its
goals more expediently and with less friction from the citizens of Kenai.
Highland Pride Park Page 11
B. When it’s Impossible To Condemn… Have Owner Secure It for Safety
Even assuming Attorney Bloom is correct about the infeasibility or impropriety of the Building Official
condemning a structure from the road, (not having gained permission to step onto the real estate), I would
submit that if it’s not apparent from the road that a vacant mobile home (or any vacant structure) is unfit for
human habitation, but merely that it’s sitting vacant, (and therefore cannot be justifiably condemned or
deemed a “public nuisance,”) perhaps it should just be left alone! Alternatively, if it’s not in danger of
structural collapse (from the road) but clearly vacant/abandoned, perhaps the Building Official could
request the owner secure it by boarding up windows, open doors, etc., per IPMC §108 Unsafe Structures
and Equipment: §108.2 Closing of vacant structures. (See quote above).
C. Condemnation “from the road” looks to be easy with many of the photos
submitted by Mayor Porter with the AMHO.
Importantly, having difficulty condemning is
not the case with any of the homes in the
pictures that Mayor Porter included with the
AMHO. Most, if not all, appear to be clearly
dilapidated and unfit for human habitation.
In fact, I’ve given several photos of this exact
property off the Kenai Spur Hwy near Beaver
Loop, to the City over the past several years
(beginning in 2008, by emailing it to Nancy
Carver), asking why its owner had not been
given a Notice of Condemnation and the
structure abated. I’m still unsure of the
answer, as there is clear evidence especially
after the heavy snow of 2011, even from the
road, that the front has caved outwards under the snow’s pressure on the roof. The City has the
power…they did it with me… yet there it sits. This makes no sense, and nobody’s ever offered an
explanation – it certainly isn’t because Mayor Porter didn’t propose the AMHO until now. If the City
cannot condemn these clearly dilapidated homes which are literally falling apart, under the current KMC, it
makes me wonder how in the world was the City able to condemn the ones in my park which had little
evidence of “dilapidation” other than needing cosmetic repairs, and which were not structurally unsound27,
and in fact had been recently occupied by their owners of record? But that’s a question for another day.
However, my point remains that, if the intent of the ordinance, as was mentioned by Mayor Porter and
others at the last meeting, is to abate damaged, unsound, abandoned mobile homes, for the “peace, health,
safety and welfare of the public,” (and not just vacant mobile homes), the Code already allows this. An
undamaged but vacant/abandoned mobile home should cause no more distress to surrounding properties
than an undamaged but vacant cabin/bungalow/other stick-built home. Indeed, there are plenty of
inhabited structures in the City which are “unsightly” and probably cause declines in the values of nearby
properties much worse than does a vacant/abandoned mobile home in reasonable condition.
27 Although I can’t find it at the moment, Building Inspector Springer issued me a letter in Jan-Feb, 2007, requesting we board up a window
that had been broken in abandoned mobile home #19, to which we complied, and after which he wrote, in February or March of 2007, that
although uninhabited, the structure “was not in danger of collapse” so boarding up the window and “securing it” was fine. Two or three
months later with no discernable difference in the structure, the City Manager apparently decided the structures in #19 and #31 were “unfit”
and demanded “immediate action” by Robert Springer in an internal Memo dated May 25, 2007, hence the Notices of Condemnation were
issued in May of 2007.
Highland Pride Park Page 12
IV. If the Commission still feels the AMHO is necessary, please consider the
issues raised in my first letter of December 9, 2015, along with these issues.
A. Park Owners like Me Will Almost Always Object to a Forceful Removal of an
Abandoned Mobile Home in Their Park
People abandon mobile homes for all kinds of reasons, usually financial, medical, or some type of change
in situation within their families. There is no fine high enough that would “discourage the abandonment of
mobile homes,” (per the intent of the AMHO), because only desperate people walk away from their
property anyway, and when someone is desperate, the last thing on their mind is the extent of the fine! As I
mentioned earlier, there is likewise no fine that will motivate the landlord to prevent an abandonment by a
tenant…it can’t be done, and punishing the landlord with a fine for a tenant’s abandonment is outlandish.
When a tenant abandons a mobile home in a park, the park owner has usually filed an eviction proceeding
for nonpayment of space rent leading up to the abandonment. If the tenant leaves, or is forced to leave
by the State Troopers per Court Order at the possession hearing, the park owner/landlord has
obligations to secure the person’s property, including their mobile home, per the Alaska Landlord
Tenant Law, in AS 34.03.28 It is a complicated law and when it includes the tenant’s mobile home, many
28 In Alaska, it is illegal for a Landlord to take and keep a Tenant's personal property, even if the Tenant owes rent. The law covering this
situation is Alaska Statute 34.03.250. The Landlord may dispose of a Tenant's property if the property is abandoned. However, even if the
Tenant has abandoned his/her property, the Landlord must follow the procedures in Alaska Statute 34.03.260, "Disposition of Abandoned
Property."
AS 34.03.260. Disposition of Abandoned Property.
(a) Except as otherwise agreed, if, upon termination of a tenancy including but not limited to a termination after expiration of a lease or by
surrender or abandonment of the premises, a tenant has left personal property upon the premises, and the landlord reasonably believes that the
tenant has abandoned this personal property, the landlord may
(1) give notice to the tenant demanding that the property be removed within the dates set out in the notice but not less than 15 days after
delivery or mailing of the notice, and that if the property is not removed within the time specified, the property may be sold; if the
property is not removed within the time specified in the notice, the landlord may sell the property at a public sale; the landlord may
dispose of perishable commodities in any manner the landlord considers fit;
(2) if the tenant has left personal property that is reasonably determined by the landlord to be valueless or of such little value that the cost of
storing and conducting a public sale would probably exceed the amount that would be realized from the sale, the landlord may notify the
tenant that the property be removed within the date specified in the notice but not less than 15 days after delivery or mailing of the notice,
and that if the property is not removed within the time specified, the landlord intends to destroy or otherwise dispose of the property; if the
property is not removed within the time specified in the notice, the landlord may destroy or otherwise dispose of the property; in the
notice, the landlord shall indicate an election to sell certain items of the tenant's personal property at public sale and to destroy or
otherwise dispose of the remainder.
(b) After notice as provided in (a) of this section, the landlord shall store all personal property of the tenant in a place of safekeeping
and shall exercise reasonable care of the property, but is not responsible to the tenant for loss not caused by the landlord's deliberate or
negligent act. The landlord may elect to store the property on the premises previously demised, in which event the storage cost may not exceed
the fair rental value of the premises. If the tenant's property is removed to a commercial storage company, the storage cost shall include the
actual charge for the storage and removal from the premises to the place of storage.
(c) After landlord's notice under (a) of this section, or otherwise, if the tenant makes timely response in writing of an intention to remove the
personal property from the premises and does not do so within the time specified in the landlord's notice or within 15 days of the delivery or
mailing of the tenant's written response whichever is later, it shall be conclusively presumed that the tenant has abandoned the property. If the
tenant removes the property after notice, the landlord is entitled to the cost of storage for the period the property has remained in the landlord's
safekeeping.
(d) The landlord is not liable in damages in an action by a tenant claiming loss by reason of the landlord's storage, destruction, or disposition of
property under this section. A landlord who deliberately or negligently violates the provisions of this section is liable for actual damages
and penal damages of an amount not to exceed actual damages.
(e) A public sale authorized under this section shall be conducted under AS 09.35.140 . The landlord may dispose of any property upon
which no bid is made at the public sale.
Highland Pride Park Page 13
times there is enough value in the home to warrant a public sale, which takes a lot of time and energy. If
the home is in disrepair but repairable, the landlord may “buy” the mobile home at the public sale for the
amount the tenant owes them, and renovate it themselves. Usually these types of mainly cosmetic
renovations take more time than money (speaking from experience). At that point, the tenant probably
owes the landlord a sizable sum of back space rent, storage, and Court costs, so allowing the landlord
the opportunity to revitalize an abandoned but structurally sound mobile home in order to recapture
some of that lost money by offering it as a remodeled future rental is not a bad thing. It’s also the
“greenest” choice and prevents the whole thing from becoming landfill: it makes no sense to haul a
perfectly usable living space to the dump. In addition, it provides one more unit of available housing for
the low- and medium-income residents of the City of Kenai, who seem to always outnumber the quantity of
available rental units. Everyone deserves a place to live, including Wal-Mart and other retail store clerks,
Kenai’s many service- and tourist-industry employees, and other blue-collar workers who earn limited
wages. Mobile homes and parks play an important role in and around the City of Kenai, and their
owners should not be disadvantaged by punitive ordinances. So, yes, I would typically object to the
City forcing me to demolish and remove recently “abandoned” mobile homes in my park.
B. Exclude Mobile Home Parks and cases where the landowner and mobile home
owner are different.
If the Ordinance is deemed one that needs to be passed, since Mayor Porter indicated her intention was not
to include mobile homes in Parks in her Ordinance, but rather those on privately-owned property, this
whole problem of having different owners of the land vs. the mobile home, as well as making sure the City
doesn’t step on the Landlord Tenant laws, could be eliminated by simply editing the AMHO to exclude (1)
cases where the landowner and the mobile home owner are different; and (2) mobile homes in mobile home
parks. The latter is operated as a business, so it behooves park owners to either renovate vacant homes or
sell them to make room for another mobile home to move in. Forcing park owners to demolish valuable
personal property on which their business is based, does not foster business growth nor positive
partnerships with business owners in the City of Kenai!
C. If Landlords of mobile home spaces are not excluded from the AMHO, extend
the time to “365 days or to the date when the Court eviction case, if any, has
been closed and the landlord has obtained legal rights to the mobile home,
whichever is longer.”
Advocates of AMHO may argue that the new code requires 180 days of “abandonment” before going into
effect and that “should be long enough” to resolve any landlord-tenant eviction court cases. Respectfully, I
beg to differ. Tenants are very good at disappearing, and on several occasions it has taken much longer
than six months just to find them to serve them with the initial Complaint for F.E.D. (Forcible Entry and
Detainer.)
1. If the landlord can’t find them and serve them, the law is sketchy on at what point
the landlord has actual rights to the abandoned property, or must continue to store it until a
15-day Notice can be served on the former tenant notifying them that the landlord intends to
dispose of the property/mobile home if they don’t retrieve it.
2. In the 2007 case, I had filed an eviction proceeding, 3KN-07-00300CI, on 4/12/2007
on Sid Redden in #31 and it was active at the time the City forced us, on 5/29/2007, to begin
demolition of his mobile home. Although both Mr. Redden and I were ignorant of the fact
Highland Pride Park Page 14
that the City was technically interfering with Alaska’s landlord-tenant law as well as an
ongoing, active Court case at the time and should have been legally barred, and neither of us
were savvy enough at the time to have appealed the Order to the Kenai Board of Adjustment
or filed an Injunctive Motion in the active eviction case to bar the City’s actions, there is no
assurance that future landlords will be so ignorant. Technically, I did not even have the
legal right to demolish Mr. Redden’s mobile home when the City ordered me to do so. This
situation should obviously be avoided in the future or the City may have a liability issue.
D. Remove the duplicative definitions in the AMHO
In 12.50.70. Definitions, (b), (c), (d) and (e), the proposed Code repeats the definitions that are found
elsewhere in the KMC.
There are two distinct definitions of “abandoned mobile home” in the AMHO: The first is on the 2nd page:
12.50.030 Abandoned Mobile Homes Prohibited.
a. The property owner or persons entitled to possession of a mobile home or
property owner, lessee or occupant of the real property upon which a mobile
home is located, violate this chapter by causing or allowing a mobile home to be
an abandoned mobile home.
b. A mobile home shall be considered abandoned if it has not been connected
to water or electrical utilities or an alternative adequate sources of the same for
a period in excess of 180 days or is otherwise documented by City personnel to
be unoccupied for a period in excess of 180 days.
The last phrase, being preceded by “or,” means that City personnel could “document” a home’s vacancy and that,
alone, would be sufficient to be deemed “abandoned,” which would start the ball rolling. Also, there’s a typo: “an
alternative adequate sources” should be “an alternative adequate source.” However, the entire (b) paragraph
should be eliminated here because the definition of “abandoned mobile home” is already defined on page 4,
12.50.70. Definitions, which includes the word, “and.”
I hope I have made some sense here and shed some light on these concerns. Sorry about the length, and any
repetition herein. I wrote this over several days and may have unintentionally reiterated a few points. I appreciate
your time and your consideration. I hope to show up for the Work Session on January 27th to answer any further
questions or participate in any way that I can.
Sincerely,
Sandy Lashbrook
TABLE OF CONTENTS
CHAPTER1ADMINISTRATION. . . . . . . . . . . . . . . .1
Section
101General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
102Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
103DepartmentofPropertyMaintenance
Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
104DutiesandPowersoftheCodeOfficial. . . . . . . . .2
105Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
106Violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
107NoticesandOrders. . . . . . . . . . . . . . . . . . . . . . . . . .3
108UnsafeStructuresandEquipment. . . . . . . . . . . . . .3
109EmergencyMeasures. . . . . . . . . . . . . . . . . . . . . . . .4
110Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
111MeansofAppeal. . . . . . . . . . . . . . . . . . . . . . . . . . .5
CHAPTER2DEFINITIONS. . . . . . . . . . . . . . . . . . . . .7
Section
201General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
202GeneralDefinitions. . . . . . . . . . . . . . . . . . . . . . . . .7
CHAPTER3GENERALREQUIREMENTS. . . . . . .9
Section
301General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
302ExteriorPropertyAreas. . . . . . . . . . . . . . . . . . . . . .9
303SwimmingPools,SpasandHotTubs. . . . . . . . . . .9
304ExteriorStructure. . . . . . . . . . . . . . . . . . . . . . . . . .10
305InteriorStructure. . . . . . . . . . . . . . . . . . . . . . . . . .11
306HandrailsandGuardrails. . . . . . . . . . . . . . . . . . . .11
307RubbishandGarbage. . . . . . . . . . . . . . . . . . . . . . .11
308Extermination. . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
CHAPTER4LIGHT,VENTILATIONAND
OCCUPANCYLIMITATIONS. . . . . .13
Section
401General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
402Light. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
403Ventilation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
404OccupancyLimitations. . . . . . . . . . . . . . . . . . . . .13
CHAPTER5PLUMBINGFACILITIESAND
FIXTUREREQUIREMENTS. . . . . . .15
Section
501General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
502RequiredFacilities. . . . . . . . . . . . . . . . . . . . . . . . .15
503ToiletRooms. . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
504PlumbingSystemsandFixtures. . . . . . . . . . . . . .15
505WaterSystem. . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
506SanitaryDrainageSystem. . . . . . . . . . . . . . . . . . .16
507StormDrainage. . . . . . . . . . . . . . . . . . . . . . . . . . .16
CHAPTER6MECHANICALANDELECTRICAL
REQUIREMENTS. . . . . . . . . . . . . . . . .17
Section
601General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
602HeatingFacilities. . . . . . . . . . . . . . . . . . . . . . . . . .17
603MechanicalEquipment. . . . . . . . . . . . . . . . . . . . .17
604ElectricalFacilities. . . . . . . . . . . . . . . . . . . . . . . .17
605ElectricalEquipment. . . . . . . . . . . . . . . . . . . . . . .18
606Elevators,EscalatorsandDumbwaiters. . . . . . . .18
607DuctSystems. . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
CHAPTER7FIRESAFETY
REQUIREMENTS. . . . . . . . . . . . . . . . .19
Section
701General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
702MeansofEgress. . . . . . . . . . . . . . . . . . . . . . . . . . .19
703Fire-ResistanceRatings. . . . . . . . . . . . . . . . . . . . .19
704FireProtectionSystems. . . . . . . . . . . . . . . . . . . . .19
CHAPTER8REFERENCEDSTANDARDS. . . . . .21
INDEX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
2003 INTERNATIONAL PROPERTY MAINTENANCE CODE®vii
Attachments 1-1
Lashbrook Note: 2003 International Property Maintenance Code (Relevant Pages)
SECTION 106
VIOLATIONS
106.1Unlawful acts.Itshallbeunlawfulforaperson,firmor
corporationtobeinconflictwithorinviolationofanyofthe
provisions of this code.
106.2Noticeofviolation.Thecodeofficialshallserveanotice
of violation or order in accordance with Section 107.
106.3Prosecutionofviolation.Anypersonfailingtocomply
withanoticeofviolationororderservedinaccordancewith
Section107shallbedeemedguiltyofamisdemeanor,andthe
violationshallbedeemedastrictliabilityoffense.Ifthenotice
ofviolationisnotcompliedwith,thecodeofficialshallinsti-
tutetheappropriateproceedingatlaworinequitytorestrain,
correctorabatesuchviolation,ortorequiretheremovalorter-
minationoftheunlawfuloccupancyofthestructureinviola-
tionoftheprovisionsofthiscodeoroftheorderordirection
madepursuantthereto.Anyactiontakenbytheauthorityhav-
ingjurisdictiononsuchpremisesshallbechargedagainstthe
realestateuponwhichthestructureislocatedandshallbealien
upon such real estate.
106.4Violationpenalties.Anypersonwhoshallviolateapro-
visionofthiscode,orfailtocomplytherewith,orwithanyof
therequirementsthereof,shallbeprosecutedwithinthelimits
providedbystateorlocallaws.Eachdaythataviolationcon-
tinuesafterduenoticehasbeenservedshallbedeemedasepa-
rate offense.
106.5Abatementofviolation.Theimpositionofthepenalties
hereinprescribedshallnotprecludethelegalofficeroftheju-
risdictionfrominstitutingappropriateactiontorestrain,cor-
rectorabateaviolation,ortopreventillegaloccupancyofa
building,structureorpremises,ortostopanillegalact,con-
duct,businessorutilizationofthebuilding,structureorpre-
mises.
SECTION 107
NOTICES AND ORDERS
107.1Noticetopersonresponsible.Wheneverthecodeoffi-
cialdeterminesthattherehasbeenaviolationofthiscodeor
hasgroundstobelievethataviolationhasoccurred,noticeshall
begiveninthemannerprescribedinSections107.2and107.3
tothepersonresponsiblefortheviolationasspecifiedinthis
code.Noticesforcondemnationproceduresshallalsocomply
with Section 108.3.
107.2Form.SuchnoticeprescribedinSection107.1shallbein
accordance with all of the following:
1.Be in writing.
2.Includeadescriptionoftherealestatesufficientforiden-
tification.
3.Includeastatementoftheviolationorviolationsandwhy
the notice is being issued.
4.Includeacorrectionorderallowingareasonabletimeto
maketherepairsandimprovementsrequiredtobringthe
dwellingunitorstructureintocompliancewiththepro-
visions of this code.
5.Inform the property owner of the right to appeal.
6.Includeastatementoftherighttofilealieninaccor-
dance with Section 106.3.
107.3Methodofservice.Suchnoticeshallbedeemedtobe
properly served if a copy thereof is:
1.Delivered personally;
2.Sentbycertifiedorfirst-classmailaddressedtothelast
known address; or
3.Ifthenoticeisreturnedshowingthattheletterwasnot
delivered,acopythereofshallbepostedinaconspicuous
place in or about the structure affected by such notice.
107.4Penalties.Penaltiesfornoncompliancewithordersand
notices shall be as set forth in Section 106.4.
107.5Transferofownership.Itshallbeunlawfulforthe
ownerofanydwellingunitorstructurewhohasreceiveda
complianceorderoruponwhomanoticeofviolationhasbeen
servedtosell,transfer,mortgage,leaseorotherwisedisposeof
suchdwellingunitorstructuretoanotheruntiltheprovisionsof
thecomplianceorderornoticeofviolationhavebeencomplied
with,oruntilsuchownershallfirstfurnishthegrantee,trans-
feree,mortgageeorlesseeatruecopyofanycomplianceorder
ornoticeofviolationissuedbythecodeofficialandshallfur-
nishtothecodeofficialasignedandnotarizedstatementfrom
thegrantee,transferee,mortgageeorlessee,acknowledging
thereceiptofsuchcomplianceorderornoticeofviolationand
fullyacceptingtheresponsibilitywithoutconditionformaking
thecorrectionsorrepairsrequiredbysuchcomplianceorderor
notice of violation.
SECTION 108
UNSAFE STRUCTURES AND EQUIPMENT
108.1General.Whenastructureorequipmentisfoundbythe
codeofficialtobeunsafe,orwhenastructureisfoundunfitfor
humanoccupancy,orisfoundunlawful,suchstructureshallbe
condemned pursuant to the provisions of this code.
108.1.1Unsafestructures.Anunsafestructureisonethat
isfoundtobedangeroustothelife,health,propertyorsafety
ofthepublicortheoccupantsofthestructurebynotprovid-
ingminimumsafeguardstoprotectorwarnoccupantsinthe
eventoffire,orbecausesuchstructurecontainsunsafe
equipmentorissodamaged,decayed,dilapidated,structur-
allyunsafeorofsuchfaultyconstructionorunstablefoun-
dation, that partial or complete collapse is possible.
ADMINISTRATION
2003 INTERNATIONAL PROPERTY MAINTENANCE CODE®3
Attachments 1-2
Lashbrook Note: 2003 International Property Maintenance Code (Relevant Pages)
108.1.2Unsafeequipment.Unsafeequipmentincludes
anyboiler,heatingequipment,elevator,movingstairway,
electricalwiringordevice,flammableliquidcontainersor
otherequipmentonthepremisesorwithinthestructure
whichisinsuchdisrepairorconditionthatsuchequipment
isahazardtolife,health,propertyorsafetyofthepublicor
occupants of the premises or structure.
108.1.3Structureunfitforhumanoccupancy.Astructure
isunfitforhumanoccupancywheneverthecodeofficial
findsthatsuchstructureisunsafe,unlawfulor,becauseof
thedegreetowhichthestructureisindisrepairorlacks
maintenance,isinsanitary,verminorratinfested,contains
filthandcontamination,orlacksventilation,illumination,
sanitaryorheatingfacilitiesorotheressentialequipmentre-
quiredbythiscode,orbecausethelocationofthestructure
constitutesahazardtotheoccupantsofthestructureorto
the public.
108.1.4Unlawfulstructure.Anunlawfulstructureisone
foundinwholeorinparttobeoccupiedbymorepersons
thanpermittedunderthiscode,orwaserected,alteredoroc-
cupied contrary to law.
108.2Closingofvacantstructures.Ifthestructureisvacant
andunfitforhumanhabitationandoccupancy,andisnotin
dangerofstructuralcollapse,thecodeofficialisauthorizedto
postaplacardofcondemnationonthepremisesandorderthe
structureclosedupsoasnottobeanattractivenuisance.Upon
failureoftheownertocloseupthepremiseswithinthetime
specifiedintheorder,thecodeofficialshallcausethepremises
tobeclosedandsecuredthroughanyavailablepublicagencyor
bycontractorarrangementbyprivatepersonsandthecost
thereofshallbechargedagainsttherealestateuponwhichthe
structureislocatedandshallbealienuponsuchrealestateand
may be collected by any other legal resource.
108.3Notice.Wheneverthecodeofficialhascondemneda
structureorequipmentundertheprovisionsofthissection,no-
ticeshallbepostedinaconspicuousplaceinoraboutthestruc-
tureaffectedbysuchnoticeandservedontheownerorthe
personorpersonsresponsibleforthestructureorequipmentin
accordancewithSection107.3.Ifthenoticepertainstoequip-
ment,itshallalsobeplacedonthecondemnedequipment.The
notice shall be in the form prescribed in Section 107.2.
108.4Placarding.Uponfailureoftheownerorpersonrespon-
sibletocomplywiththenoticeprovisionswithinthetime
given,thecodeofficialshallpostonthepremisesorondefec-
tiveequipmentaplacardbearingtheword“Condemned”anda
statementofthepenaltiesprovidedforoccupyingthepremises,
operating the equipment or removing the placard.
108.4.1Placardremoval.Thecodeofficialshallremove
thecondemnationplacardwheneverthedefectordefects
uponwhichthecondemnationandplacardingactionwere
basedhavebeeneliminated.Anypersonwhodefacesorre-
movesacondemnationplacardwithouttheapprovalofthe
codeofficialshallbesubjecttothepenaltiesprovidedby
this code.
108.5Prohibitedoccupancy.Anyoccupiedstructurecon-
demnedandplacardedbythecodeofficialshallbevacatedas
orderedbythecodeofficial.Anypersonwhoshalloccupya
placardedpremisesorshalloperateplacardedequipment,and
anyowneroranypersonresponsibleforthepremiseswhoshall
letanyoneoccupyaplacardedpremisesoroperateplacarded
equipmentshallbeliableforthepenaltiesprovidedbythis
code.
SECTION 109
EMERGENCY MEASURES
109.1Imminentdanger.When,intheopinionofthecodeoffi-
cial,thereisimminentdangeroffailureorcollapseofabuild-
ingorstructurewhichendangerslife,orwhenanystructureor
partofastructurehasfallenandlifeisendangeredbytheoccu-
pationofthestructure,orwhenthereisactualorpotentialdan-
gertothebuildingoccupantsorthoseintheproximityofany
structurebecauseofexplosives,explosivefumesorvaporsor
thepresenceoftoxicfumes,gasesormaterials,oroperationof
defectiveordangerousequipment,thecodeofficialishereby
authorizedandempoweredtoorderandrequiretheoccupants
tovacatethepremisesforthwith.Thecodeofficialshallcause
tobepostedateachentrancetosuchstructureanoticereading
asfollows:“ThisStructureIsUnsafeandItsOccupancyHas
BeenProhibitedbytheCodeOfficial.”Itshallbeunlawfulfor
anypersontoentersuchstructureexceptforthepurposeofse-
curingthestructure,makingtherequiredrepairs,removingthe
hazardous condition or of demolishing the same.
109.2Temporarysafeguards.Notwithstandingotherprovi-
sionsofthiscode,whenever,intheopinionofthecodeofficial,
thereisimminentdangerduetoanunsafecondition,thecode
officialshallorderthenecessaryworktobedone,includingthe
boardingupofopenings,torendersuchstructuretemporarily
safewhetherornotthelegalprocedurehereindescribedhas
beeninstituted;andshallcausesuchotheractiontobetakenas
the code official deems necessary to meet such emergency.
109.3Closingstreets.Whennecessaryforpublicsafety,the
codeofficialshalltemporarilyclosestructuresandclose,oror-
dertheauthorityhavingjurisdictiontoclose,sidewalks,streets,
publicwaysandplacesadjacenttounsafestructures,andpro-
hibit the same from being utilized.
109.4Emergencyrepairs.Forthepurposesofthissection,the
codeofficialshallemploythenecessarylaborandmaterialsto
perform the required work as expeditiously as possible.
109.5Costsofemergencyrepairs.Costsincurredintheper-
formanceofemergencyworkshallbepaidbythejurisdiction.
Thelegalcounselofthejurisdictionshallinstituteappropriate
actionagainsttheownerofthepremiseswheretheunsafe
structure is or was located for the recovery of such costs.
109.6Hearing.Anypersonorderedtotakeemergencymea-
suresshallcomplywithsuchorderforthwith.Anyaffectedper-
sonshallthereafter,uponpetitiondirectedtotheappealsboard,
be afforded a hearing as described in this code.
SECTION 110
DEMOLITION
110.1General.Thecodeofficialshallordertheownerofany
premisesuponwhichislocatedanystructure,whichinthecode
official’sjudgmentissoold,dilapidatedorhasbecomesoout
ADMINISTRATION
4 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Attachments 1-3
Lashbrook Note: 2003 International Property Maintenance Code (Relevant Pages)
ofrepairastobedangerous,unsafe,insanitaryorotherwiseun-
fitforhumanhabitationoroccupancy,andsuchthatitisunrea-
sonabletorepairthestructure,todemolishandremovesuch
structure;orifsuchstructureiscapableofbeingmadesafeby
repairs,torepairandmakesafeandsanitaryortodemolishand
removeattheowner’soption;orwheretherehasbeenacessa-
tionofnormalconstructionofanystructureforaperiodof
more than two years, to demolish and remove such structure.
110.2Noticesandorders.Allnoticesandordersshallcomply
with Section 107.
110.3Failuretocomply.Iftheownerofapremisesfailsto
complywithademolitionorderwithinthetimeprescribed,the
codeofficialshallcausethestructuretobedemolishedandre-
moved,eitherthroughanavailablepublicagencyorbycontract
orarrangementwithprivatepersons,andthecostofsuchde-
molitionandremovalshallbechargedagainsttherealestate
uponwhichthestructureislocatedandshallbealienuponsuch
real estate.
110.4Salvagematerials.Whenanystructurehasbeenordered
demolishedandremoved,thegoverningbodyorotherdesig-
natedofficerundersaidcontractorarrangementaforesaidshall
havetherighttosellthesalvageandvaluablematerialsatthe
highestpriceobtainable.Thenetproceedsofsuchsale,after
deductingtheexpensesofsuchdemolitionandremoval,shall
bepromptlyremittedwithareportofsuchsaleortransaction,
includingtheitemsofexpenseandtheamountsdeducted,for
thepersonwhoisentitledthereto,subjecttoanyorderofa
court.Ifsuchasurplusdoesnotremaintobeturnedover,there-
port shall so state.
ADMINISTRATION
2003 INTERNATIONAL PROPERTY MAINTENANCE CODE®5
Attachments 1-4
Lashbrook Note: 2003 International Property Maintenance Code (Relevant Pages)
Attachments 1-5
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Attachments 1-6
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 I FAX: 907-283-3014
MEMO:
TO: Jack LaShot
FROM: Rick Koch
DATE: May 25, 2007
SUBJECT: Highland Pride Mobile Home Park
The purpose of this correspondence is to discuss the lack of action regarding abatement
of unsafe structure(s) in the above referenced development.
I received an e-mail from Bob Springer in your department on this matter and I am
responding directly to you since I look to you as responsible for the performance of your
department.
This process started last August when I initially approached W.u. Springer to assist in
1!._bating unsafe conditions. There has been no appreciable positive change in the
circumstances since last year. If anything conditions have deteriorated.
Mr. Springer informs me he cannot issue citations, and I had suggested he do so. I agree
he cannot issue citations, the choice of words was not correct. The building official can
undertake abatement actions to encourage an owner to remove, or have removed unsafe
structures. This is what I directed almost a year ago and am still waiting for action within
your department. I am not interested in arguing semantics with one of your employees
and will not do so.
I do not want your department to continue on a path of discussions and letter writing with
a non-responsive property owner. The letter Mr: -~pringer to the owner of the mobile
home par~ is _l!_nacceptable. It is my direction, absent legal advice to the contrary, your
department draft and deliver correspondence that states abatement action will commence
on a date certain (I suggest June 11th) if the mobile homes and associated structures are -
-not removed frorrlthe properties. --
1992
Attachments 1-7
Lashbrook Note: The underlining is mine,
the notations and star at the top are not.
Received in FOIA request in 2012.
I want to see a dr:ft of that correspondence today, May 25th. ~~_y Graves ~ill. _ret_ur11 to
work on May~?~.' :"'hen he can review the notice prior to its delivery later that ,day .
Thank you for your prompt attention in this matter.
Cc: Cary Graves
Attachments 1-8
Attachments 1-9
Lashbrook Note: This was also Exhibit A to
Robert Springer's 8/27/07 Affidavit for the Search
Warrant, also attached as 1-16.
Lashbrook
Note: #31,
belonging
to Sid
Redden.
Attachments 1-10
Attachments 1-11
Lashbrook Note: This was also Exhibit D to
Robert Springer's 8/27/07 Affidavit for the
Search Warrant, also attached as 1-16.
Attachments 1-12
Attachments 1-13
Lashbrook Note: This was also Exhibit F to
Robert Springer's 8/27/07 Affidavit for the Search
Warrant, also attached as 1-16.
Attachments 1-14
Attachments 1-15
IN THE DISTRICT COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT KENAI
In Re: Sandra Joy Lashbrook
Michael Cropley Lashbrook
5125 Silver Salmon Drive
Kenai, Alaska 99611
AFFIDAVIT OF ROBERT C. SPRINGER
ST A TE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRICT )
Robert C. Springer, being first duly sworn upon oath, deposes and says:
1. I am presently the Building Official for the City of Kenai. I have been
employed in that capacity since 1993.
2 . The City of Kenai has adopted the International Property Maintenance Code
(IPMC). It is incorporated in Kenai Municipal Code 4 .10.
3. As part of my duties , I inspect buildings to determine if they are safe and order
abatement of buildings that are unsafe or unfit for occupancy.
A.
4. On May 29, 2007 , pursuant to my duties as Building Official, I issued a
"Notice and Order for Condemnation of an Unsafe or Unlawful Structure " for
a mobile home with several wood frame additions in a space located four
spaces west of the corner of Silver Salmon Drive and Chisik Street. The
mobile home was a "Belmont" model, white with blue trim. The mobile hom e
was located in Highland Pride Mobile Home Park (aka Highland Mobile Home
Park) whose address is 5125 Silver Salmon Drive in Kenai, Alaska. The legal
description of the property is : T SN RI OW Section 8 Seward Merdian KN
0001542 Highlands Subdivision Lots 10 Thru 18 Block 1 Lots 11 Thru 15
Block Highland Mobile Home Park.
5. The notice is attached to this affidavit as Exhibit A.
6. The owners of the property are Sandra Joy Lashbrook and Michael Cropley
Lashbrook.
7. The notice was se nt to the owners of the property to their address at 3 7 5 0
Steven Drive , Wasilla, Alaska 99654 via USPA Certified Mail No. 7000 1530
0001 5262 0363. That is the address of the owners as li sted o n the Kenai
Peninsula Borough land records. The certified Jetter was s ig ned for o n May
30,2007.
Affidav it of Robert C. Sp rin ger Page I of4
Attachments 1-16
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8. The notice gave them fifteen (15) days from the date of s ervice to file an
appeal of the order with the Kenai City Cl erk. The notice informed them that
failure to appeal will constitute a waiver of all rights to an administrative
hearing challenging the order. The owners did not file an appeal and the ord e r
is a final order.
9. The notice was also sent to the owner of the mobil<;; Q Q n.:l~~ I\1i1tii\b Redd ~IJ, at
5125 Silver Salmon Drive, #31, Kenai, Alaska 99611. That notice was al so
sent certified mail. The notice was sent via USPS Certified Mail No. 7000
1530 0001 5262 0479. It was signed for on May 30, 2007. The notice is
attached to this affidavit as Exhibit B.
10 . The notice also informed Micah Redden of his right to an administrative
appeal of the order. Mr. Redden did not file an appeal and the order is a fin al
order.
11. The notice cited the mobile home for being an unsafe structure in violation of
Section 108.1 .1 of the IPMC and unfit for human occupation in vio lation of
Section 108.1.3 of the IPMC. ·
12 . The notice gave them twenty (20) days from the date of the order to commence
work on demolition of the building and forty -fi ve (45) days to complete s uch
work. The deadline for completion of the demolition work was July 14 , 2007.
It is now forty-six days ( 46) past the deadline and demolition and removal has
not been completed. A photograph of the remaining debris taken by me on
August 2ih , 2007 is attached as Exhibits C-1 and C-2.
13 . The notice states that if demolition is not comp leted the City may hire a
contractor to finish the demolition and removal.
14. The City has retained a contractor to remove the remaining debris to the K enai
Peninsula Borough landfill.
B.
15. On May 29, 2007, I sent a separate "Notice and Order for Condemnation of an
Unsafe Structure" for a mobile home located at Highland Pride Mobile Home
Park for a mobile with a wood frame addition in Space 19 located next to the
children's playground. The mobile home was white with blue trim and the
addition is gray with blue trim . The notice is attached as Exhibit D .
16. The notice cited the mobile home for being an unsafe structure in violation of
Section 108.1 ofthe IPMC and a structure unfit for human occupanc y in
v iolation of Section 108.1.3 of the IPMC.
17. The owners of Highland Pride Mobile Home Park are Sandra Joy Lashbro ok
and Michael Cropley Lashbrook. They were a lso owners of the mobile home .
18. On May 29 , 2007 , the notice was sent to the owners with the order referenced
in Section A above to their address at 3750 Steven Drive, Wasilla, Alaska
99654 via USPS Certified Mail No. 7000 1530 0001 5262 0363. It .was s ign ed
for on May 30, 2007. . ·
19. The notice informed the owners of their r ight to appeal the administrati ve orde r
to by filing an appeal with the Kenai City Clerk within fifteen (15) day s of t he
date of service of the order. The notice informed them that failure to appeal
would constitute a waiver of all rights to administratively challenge the o rd er .
N o appeal has been fi led and the order is a final order.
Affid av i t ofRob e1i C. Springer Pa g e2 o f4
Attachments 1-17
Lashbrook Note:
No, it was owned
by the Dillions,
and KPB records
confirmed this.
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20. The order gave the owners twenty (20) days from the date of the order to begin
demolition and forty-five ( 45) days to complete demolition . A portion of the
debris from mobile home remains on the premises next to the Highland Pride
Mobile Park children's playground. A photograph of the debris taken by me
on August 27th, 2007 is attached as Exhibit E-1 and E-2 .
21 . The notice states that if demolition is not completed within the time allowed
under the order, the City may hire a contractor to complete demolition and
removal.
22 . The City has hired a contractor to remove the remaining debris from the
mobile home and take it to the Kenai Peninsula Borough landfill.
c.
,. ..
23 . On August 15, 2007, I sent a notice to the owners of Highland Pride Trailer
Park (Sandra Joy Lashbrook and Michael Cropley Lashbrook) via USPS
Certified MailNo. 7001 2510 003 0143 9541 to their address at 3750 Ste ve n
Drive, Wasilla, Alaska 99654 informing them that the time period for
completing demolition and removal of the two above referenced mobile homes
was July 14, 2007 and the work had not been completed.
24. The letter was signed for on August 16, 2007 .
25. The notice also informed the owners that separate from and in addition to the 1 '
violations of the IPMC (KMC 4.10); under KMC 9 .10.010 they were notified
that the had ten 10) days to remove the ille al debris of the two mobile
homes from the above-re erenced sites. It is attached as Exhibit F.
26. The letterir'rl6rmed them that iliefail;e to remove the debris by the ten-day
deadline would mean the city would apply for a search warrant to enter upon
the property and to have a contractor remove the debris and place a lien on the
property for the costs of removal. Both the IPMC and KMC 9 .10.010 allow for
a lien on the property in the amount of the cost ofremoval.
27. The notice was also posted on the sites of the two mobile homes on August 15,
2007 and hand-delivered to the on-site park manager; Mr. Terry Meier.
28. Ten days from receipt of the notice was August 26, 2007 . Ten days from
posting was August 25th .
· · · 29 ~-A copy of the August 15, 2007 notice is attached as Exhibit E.
FURTHER YOUR AFFIANT SA YETH NAUGHT.
II
II
II
II
II
II
II
II
II
II
II
Affidavit of Robert C. Springer Page 3 of 4
Attachments 1-18
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
) SS.
)
THIS IS TO CERTIFY that on this 27th day of August, 2007, Robert C.
Springer, being personally known to me or having produced satisfactory evidence of
identification, appeared before me and acknowledged the voluntary and authori ze d
execution of the foregoing instrument.
Notary Public for Alaska
My Commission Expires : 9/1
A ffidavit of Robe rt C. Springer Page 4 of4
Attachments 1-19
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IN THE DISTRICT COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT KENAI
In Re: Sandra Joy Lashbrook
Michael Cropley Lashbrook
5125 Silver Salmon Drive
Kenai , AK 99611
ADMINISTRATIVE SEARCH WARRANT
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
Search Warrant No. '!JV... tJ-Ol -}_ \ 3 .S cJ
)
) SS.
)
An affidavit having been presented to me by Robert C . Springer, City of Kenai
Building Official, that the premises described as, 5125 Silver Salmon Drive, Kenai ,
Alaska 99611, whose legal description is T5N Rl OW, Section 8 , Seward Meridian, KN
0001542 Highlands Subdivision, Lots 10 through 18, Block I, Lots 11 through 15 ,
Block 3, Highland Mobile Home Park, Kenai Recording District, Kenai , Alaska is in
violation of Kenai Municipal Code 4.10 and 9.10.010 and that the debris from two
partially demolished di1a idated mobile homes located on the property is sub· ect to
remova and abatement.
u ~ The City of Kenai is hereby authorized to enter upon the premises described abo ve
c ~ between the hours of 8 :00 a.m. and 5 :00 p .m., August 28 to August 31, 2007 for the
~ ~ purpose of abating and removing the illegal debris on the property and thereafter
< i... prepare a written report of the abatement and removal as required by law. The Cit y of
,f'----*:-enai-is-~uthorized underthiswarrant-tuallow a company under contract with the City
~ for abatement and removal of the debris to enter upon the property and perform such
~ services. The City of Kenai Police Department will accompany the contractor to serve
;2 this warrant.
0
DA TED at Kenai, Alaska this '2007.
Attachments 1-20
Al• A .I p fJSSfl-6 /} f{JfJ
. I VlJl-'1 , 1 f'~ scJ.V-+i ~ Suggested by: City Manager S~'F} b ~~ tou,lJ pfN ~fa_~" ~of~
U ~I CITY OF KENAI
11fl bA~ fo\# . &;:>1\1. ilfA-C RESOLUTION NO. 2007-54
~ RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING
$8,250 IN THE GENERAL FUND TO PAY FOR ABATEMENT OF STRUCTURES
DECLARED UNSAFE OR DILAPIDATED UNDER THE INTERNATIONAL PROPERTY
MAINTENANCE CODE AS ADOPTED BY THE CITY OF KENAI IN KMC 4.10.010-020 .
WHEREAS, the City of Kenai has adopted the International Property Maintenance Code
(IPMC) in KMC 4.10.010-020; and,
WHEREAS, under IPMC structures declared unsafe or dilapidated may be ordered to
be demolished by the owner; and,
WHEREAS, if the owner fails to demolish the property the City may have it demolished
and place a lien on the property to recover its costs; and,
WHEREAS, the City of Kenai has an active program of abating unsafe or dilapidated
buildings under the IPMC and may have to demolish such buildings if the owners fail •
to do so; and,
WHEREAS, sufficient money should be transferred to the Buildings Department to pay ,
_a contractor to do the necessary demolition.
NOW , THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI ,
ALASKA , the followings transfers be made:
General Fund
From: Non-Departmental Contingency
To: Buildings Department/Repair & Demolition
$8,250
$8,250
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of August ,
2007.
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Approved by Finance : ~
Attachments 1-21
"Vt1/a3e with a Pas~ City with a Future "
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 I FAX : 907-283-3014
www.ci .kenai .ak .us
Memorandum
To : Cary Graves, City Attorney
From: Robert C. Springer, Building Official h2S
Date: August 30, 2007
Re: Inventory List
The following is a list of items removed during the execution of a search warrant in the
Highland Pride Mobile Home Park on August 29, 2007.
Location:
Mobile home space located four (4) spaces west of the intersection of Chisik
Street and Silver Salmon Drive in the Highland Pride Mobile Home Park at 5125
Silver Salmon Drive.
Items removed:
1. 12' X 60' steel mobile home chassis with dual axles wheels and tires.
2. Assorted debris consisting of wood, metal, sheetrock, insulation, electrical wiring
and plumbing piping.
Location:
Mobile home space #19 located next to the children's playground in the Highland
Pride Mobile Home Park at 5125 Silver Salmon Drive.
Items removed :
Approximately a 1 O' X 1 O' X 4' high pile of construction debris consisting of wood,
metal, sheetrock, insulation and soil.
Attachments 1-22
SEP-10-2007 11 : 1 DAM FROM-Chum I ey ' s Inc . +9072621514 T-434 P 002/002 F-5 15
Chumley•s, Inc.
Mile 84.5 Sterling Highway
P 0. Box 753
Contract Invoice
Sterling AK 99672
907 262-4668
Invoice#: 27090005
Date: 09/10/2007
Lic.ense : 12374/BL 014460
Billed To: City of Kenai ·
210 Didalgo Street
Kenai AK 99611
Project: Kenai-Highland Park Demolition
Highland Trailer Park
Kenai AK 99611
Due Date: 09/10/2007 Terms: Due Upon Reciept
Description
Highland Park Trailer Demolition
Per Bid Dated 7/24/07
'~ ITHO tNl_rno\J<lt! -.s lo OT ...
Owner Clean-Up Allowance ~Ji • "( . 1 a 61 _ f'
_ t...c.:>o e_~+t'~ /'t'ob;(e__ ~l'W'<S tu t ~
~c.\~LtloNS ~ s~ds IN. Pt ~() dAy
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~ pte.s o-f sc..r-·AP fn.Ld OML
+r-A-t(l.r fr-Ptn<-)
Order# 85692
Non-Taxable Amount:
Taxable Amount:
Thank you for your prompt payment! Sales Tax:
Amount Due
Amount
8,250 .00
-1,800,00
6,450.00
0 .00
0 .00
6,450.00
Attachments 1-23
Lashbrook Note: We removed 90-95% of two entire mobile homes
(neither of which belonged to us, and neither of which we personally
abandoned) with additions and sheds in about a 45 day period. All
that remained were two scrap piles and a chassis. Yet the City
allowed Chumley's to charge 78% of their original bid of $8,250,
crediting the City and ultimately us, only $1,800. This $6,450 charge
was then placed as a lien on our property, where it remains today.
Tenant eye witnesses stated that Chumley's workers threw the
cut-up trailer chassis and most of the scrap they cleaned up, into the
30-yard dumpster we paid to have on the space during the
demolition. We later paid over $2,000 to Alaska Waste for contents
of the dumpster for which they charge by the pound to dump.
IN THE DISTRICT COURT FOR THE ST ATE OF ALASKA
THIRD JUDICIAL DISTRICT AT KENAI
SEARCH WARRANT NO: 3KN-07-213SW
RECEIPT AND INVENTORY OF PROPERTY SEIZED
RETURN
I received the attached search warrant on the 29th day of August, 2007, and have
executed it as follows:
Removed from mo bile home space located four ( 4) spaces west of the intersection of
Chisik Street and Silver Salmon Drive in the Highland Pride Mobile Home Park at
5125 Silver Salmon Drive: 12 x 60 steel mobile home chassis with dual axles wheels
and tires; assorted debris consisting of wood, metal, sheetrock, insulation, electrical
wiring and plumbing piping.
Removed from mobile home space #19 located next to the children's playground in
the Highland Pride Mobile Home Park at 5125 Silver Salmon Drive: approximately a
10' X 10 ' X 4 ' high pile of construction debris consisting of wood, metal, sheetrock,
insulation and soil.
On August 29t 11
, 2007 at 8:45 a.m., I searched the premises described in the warrant,
and Officer Kim Wannamaker left a copy of the warrant with the manager of Highland
Pride Mobile Home Park, Terry Meier, and posted a copy of the warrant. I posted a
copy of the inventory on a tree at each site.
The above inventory of property taken pursuant to the warrant was made in the
presence of Kim Wannamaker and of Jason Fullenwider.
I swear that this inventory is a true and detailed account of all property taken by me on
the authority of this warrant.
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ~ day of &i -2007, Robert
C. Springer, Building Official, City of Kenai , Alaska, being personally known to me
or having produced satisfactory evidence of identification, appeared before me and
RECEIPT AND INVENTORY
OF PROPERTY SEIZED
RETURN Page I of2 Lashbrook Note: (Pg. 2 with
remainder Notary was not included.)
Attachments 1-24
Attachments 1-25
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Case 09-00484 Claim 26-1 Filed 11/06/09 Desc Main Document Page 1 of 5
BIG (Oftidal Form 141) (12108)
UNITED STATF.s BANKRUPTCY COURT Alaska PROOF OF CLAIM
Name of Debtor: Micbael Cropley Lashbrook Case Nurnbt:r: 09-00484
Sandra Joy Lashbrook
NOTE: This fonn should n01 be used to make a claim for an administrative expense arising after the COmll/J!!lICe",ent of the case. A request lor payment of an
administrative expense rna}' be flied pursuant to J J U.s.c. § 503.
Name of Creditor (lhe person or 0Iber ennly to whom the debl:or owes money or propen y): CCheck Ibis box 10 indicale thai Ibis claim
City of Kenai amends a previously filed claim.
Name and address where noIices should be sent: Court Claim Number: City of Kenai
210 Fidalgo Avenue (If knowlt)
Kenai, AK 99611-7794
Telephone number: 907 283-8225 Flied on:
Name and address where paymenlllhooid be sent (if dilIerent from above): CCheck lhis box if you are aware thai anyone
else has filed a proof of claim relating to Yool
claim. Auach copy of slatMlent giving
particulars.
Telephone number.
CCheck Ibis box if you are !he debtor or trustee
in Ibis case.
1. Amount of Claim as of Date Case Filed: $ 7,304.55 S. Amount of Claim EntitJed to Priority under
11 U.S.C. §S07(a). If any portion of your
If all or part of your claim is secured, complete item 4 below; however. if all of your claim is unsecured, do not claim fallii In ooe of the following ~ories.
complete item 4. check the boll. and stale the amount.
Ifall or part of your claim is enaided to priority, complete item 5.
Specify !he priority of !he claim.
ElCheck Ibis box if claim includes interest or other cbarges in additiou to !he principal amount of claim. Attach
itemized statement of interest or charges. CDomestic support obligatioos under II
U.S.C. 1507(a)0 )(A) or (a)(1 )(B).
~s.kfurClaim:nuisance abatement of real property
(See instruction #2 on reverse side.) CWlI!!es, salaries, or oommissioos (up 10
3. Last four dllits of any number by which c:reditor ldentlfie!l debtor: $10,950*) earned within 180 days before
filing of !he bankruplcy petition or cessation
3a. Drotor may have srcbeduled _t as: of the debloc's business, whichever is earlier
(See instruction #3a 011 reverse sid".) • II U.S.C. §S07 (a)(4).
4. Serored Claim (See iJtSlruclion #4 on reverse side.) CCOUlrihutions to an employee benefit plan -II
Check the appropriate box if Yool claim is secured by II lien on properly or a right of setoII and provide !he U.S.C. i507 (a)(5).
requested informalion.
Natm'e of property or ri&bt of setoff: IJRealEswe Cl Motor Vehicle C OIher
CUp to $2.425'" of deposits toward purehase,
lease, or renlal of properly or services (or
Desc.'l'ibe: personal. family, orbousebold use-II U.s.C.
v~ueof~:1138,500 \1507 (a)(7,.
AlIIlIIaIlnterest 1ta1e_'I(. BORa G SSESSMENT) CTaxes or penalties owed to governmental uo.its
Amount of arrearage and other dlarps us of lime I!ll!ie filed inelnded in I!eeUI'ed claim, -11 U.s.C. §507 (a)(8).
ifanyl$ 2.304. 55 B_forperfection: recorded Jien COcher -~ify applicable paragraph of 11
Amount of Serored CJalm: $ 7,304.55 Anwunt Unsecured: $
U.S.c. 1507 (a)(-->.
6. Credits: The amount of all paymems on this daim has been credited for !he parpo.<;e of making tm. proof of claim.
ABIOWIt entitled to priority:
7. Documenllil: Attach copies of supporting documents, such as promissory notes, purchase orders, invoices, ilemized
$ statemenlS of runo.ing accounts, contracts. court judgmenls, mortgages, securily lI!!recmmls, and evidence of
perfection of lien.. DO Nor SEND ORIGINAL DOCUMENTS. If tbe docllments are nO! available, expIain. If !he
docllJ1l.Cllts are volumillOUS. altach a ~ummary.
8. Service: Your original claim must be filed with the Bank:rupcty Court. A full. compiete copy must be mailed 10 "'Amounts are subject to eufjlUtment on41l110
!he trustee and 10 the debtor's altorney. and every 3 years thereafter with respect to
casel commenced on or after the dl1te of
adjustment.
Do"'ll / 4 / O~ so ........ , Tho"""" ......... "om ..... "'" "; ~ ... &1< if ~,."''' ""'""" m ..... FOR COURT USE ONLY
• person aulhori1.ed to file lids claim and Slale address an Iepbone n ber if different from the notice address
F/t!!n above.. Anach copy of power of allomey. if an)'. ~
Krista S. e., Cit Attornev
Penalty Jor presentillg fraudUlent claim: tiine of up to ~,()()() or lIupnsonment for lip 10:> years, or botlL Ils U.~.l:. til l:l:t ana fi/tJV
() B 200S
032179 74604032211028
Attachments 1-26
Case 09-00484 Claim 26-1 Filed 11/06/09 Desc Main Document Page 3 of 5
A
L
A
S
K
A
Recording Dist: 302 -Kenai
9/14/2007 2:02 PM Pages: 1 of 2
II I \ Iii ~\l ~ 1\' Ili\1 illl;1 ~I I' 1\ 111~1\ ~ II' 1m I ill\! I~ II I II ~\ \ 1\1 11111 It 1\ ill I 1I111
CITY OF KENAI, )
)
Claimant. )
)
vs. )
)
. SANDRA JOY LASHBROOK and )
MICHAEL CROPLEY LASHBROOK,)
)
Owners. )
CLAIM OF LIEN
(KMC 4.10.020)
NOTICE IS HEREBY GIVEN that the City of Kenai, ClaimEmt, whose address is 210
Fidalgo, Suite 200, Kenai, Alaska 99611, claims a lien upon that certain real property situated
in the Kenai Recording District, and more pru1icularly described as follows:
T5N RIOW, Section 8, Sewru'd Meridian, KNOOO 1542
Highlru1ds Subdivision, Lots 10 through 18, Block 1, Lots 11
tlu'ough 15, Block 3, Highland Mobile Home Park, Kenai
Recording District, Kenai, AK The physical address is 5125
Silver Salmon Drive, Kenai, AK 99611
This lien is a claim against the above-described propeliy for costs of abatement of
derelict mobile homes on this property or parts thereof by the City of Kenai at the specific
After recording, return document to:
CalY R. Graves, City Attorney
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
(907) 283-8225
Claim of Lien Page 1 of2
Attachments 1-27
Case 09-00484 Claim 26-1 Filed 11/06/09 Desc Main Document Page 4 of 5
instance and request of the City of Kenai for the reasonable price of $6,450.00, and said
abatement was performed on August 29,2007. The owners or reputed owners aTe Sandra Joy
Lashbrook and Michael Cropley Lashbrook, whose last known mailing address is 3750
Steven Drive, Wasilla, AK 99654.
The amount due and remaining unpaid to Claimant, after all just credits and offsets is
the sum of $6,450.00. A lien is now claimed for that amount, plus interest thereon at 7%, and
all reasonable expenses, costs and attomeys' fees incuned by Claimant in its efforts to collect
the above amounts, which amounts are justly due and owing pursuant to KMC 4.10.010
incorporating by reference §110.3 of the International Propelty Maintenance Code and KMC
9.10.010.
Kenai City Manager
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTR1CT )
CARY R. GRAVES, being duly sworn, deposes and says that he is a representative of
the City of Kenai, a corporation, and is authorized by its City Council to make this
verification in behalf of the City; that he has read the foregoing and knows the contents
thereof to be true and correct to the best of his Imowledge and belief.
SUBSCRIBED AND SWORN TO before me this JL day of September, 2007.
Notary Public in for Ala2a /0
My ConU11ission Expires: q 1 7
Claim of Lien P»crp') nf ')
II i 1111111111111111111111111111111
2 of 2
2007 ·01001.1-0
Attachments 1-28
"Vill~e with a Past, City with a Future II
MEMO:
TO: City Councilors
FROM: Mayor Pat Porter
DATE: July 15, 2010
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-75351 FAX: 907-283-3014
SUBJECT: Proposed Ordinance No. 2499-2010, Amending KMC Chapter 12.10,
Nuisances in General, to Include in the Definition of a Public
Nuisance Unsightly Premises and also Certain Structures Destroyed
or Partially Destroyed by Fire or by Other Means.
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1992
I am introducing Ordinance No. 2499-2010 as one means to address suggestions made by
members of the public in the May 8 Town Hall Meeting about how the City of Kenai can
continue to build a sustainable community. Each group participating in the discussion
asked the City to take actions to strengthen neighborhoods and to promote health and
safety measures in the City. Ideas included promoting the attractiveness of the City by
removing and eliminating burned out buildings and derelict structures , initiating zoning
to protect communities, encouraging beautification and aesthetics, and focusing on
quality of life issues such as community building. In addition, I also routinely receive
many complaints by citizens concerned about the poor condition of certain properties and
structures within the City and the impact those properties have on their neighborhoods.
Ordinance No. 2499-2010 amends the definition of "public nuisance" to include
unsightly premises that cause a decline in property values to surrounding properties. It
also amends the definition of "public nuisance" to include structures that are destroyed
or partially destroyed by fire or other means where the structure is unsightly or poses
certain health and safety hazards. The latter definition does not require a showing that
the structure has resulted in declining property values in order to declare the structure a
public nuisance.
Through this Ordinance, the City is taking positive steps to keep our children safe, to
protect private investment, and to support City of Kenai neighborhoods and their sense of
community.
Attachments 1-29
Lashbrook Note: Ord. 2499-2010 Amends KMC 12.10 Definition of "Nuisance."
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KENAI. ALASKA
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Sponsored by: Mayor Pat Porter
CITY OF KENAI
ORDINANCE NO. 2499-2010
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC CHAPTER 12.10, NUISANCES IN GENERAL, TO INCLUDE IN THE DEFINITION
OF A PUBLIC NUISANCE UNSIGHTLY PREMISES AND ALSO CERTAIN STRUCTURES
DESTROYED OR PARTIALLY DESTROYED BY FIRE OR BY OTHER MEANS.
WHEREAS, there are within the City many structures that have been damaged or
destroyed by fire or by other means and that have not been repaired, replaced, or
removed, sometimes for an extended period; and,
WHEREAS, there are also many properties within the City where owners or occupants
have failed to maintain the premises and the properties are so dilapidated that the
failure to address basic cleanliness and/or maintenance standards on the premises
have adversely affected the property values of surrounding properties; and,
WHEREAS, damaged and dilapidated structures and properties appeal both to
children looking for adventure and to persons seeking to engage in illegal activities
such as the sale and use of drugs, trespass, and the dumping of rubbish and noxious
waste; and,
WHEREAS, damaged and dilapidated structures and unsightly premises negatively
affect the property values of parcels nearby and injure the surrounding neighborhood
by discouraging investment in the neighborhood and undermining a sense of
community within the neighborhood; and,
WHEREAS, the definition of what status and/or conduct is a public nuisance in the
City's Code does not include unsightly premises or buildings or structures that have
been destroyed or partially destroyed and where the owner has failed to make repairs
or remove the remaining structure and otherwise attend to the economic burdens of
property ownership; and,
WHEREAS, the City of Kenai has an interest in encouraging active use of properties
and in discouraging the wasting of properties in order to prevent the loss of tax
revenues from the decline in property value of the destroyed or partially destroyed
structure and from the decline in property values of properties close to these
structures or premises; and,
WHEREAS, the City of Kenai also has an interest in regulating these premises in order
to protect the health and safety of the general pu bhc to discourage illegal uses and to
prevent injury; and,
WHEREAS, it is in the best interests of the City to encourage proper property
maintenance to promote community, to protect the health and safety of its residents,
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Attachments 1-30
Lashbrook Note: Ord. 2499-2010 Amends KMC 12.10 Definition of "Nuisance."
Ordinance No. 2499-2010
Page 2 of2
to protect and preserve property values, and to create a healthy tax base to support
the provision of City services to the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Chapter 12.10 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 12.10.010, is hereby amended to read as follows:
12.10.010 Definitions .
In addition to other public nuisances declared by other sections of this Code, the
following are hereby declared to be public nuisances:
(a) The sale or offering for sale of unwholesome food or drink or a place where such
sales or offerings are made;
(b) The sale, offering for sale, or furnishing of intoxicating liquor in violation of the
State law or ordinances of the City, or a place where intoxicating liquor is sold, offered
for sale, or furnished in violation of the State law or ordinances of the City;
(c) The exposure, display, sale , or distribution of obscene pictures, books,
pamphlets, magazines, papers, documents, or objects, or a place where such are
exposed, displayed, sold, or distributed;
(d) A place where persons gamble, whether by cards, slot machines, punch boards,
or otherwise;
(e) A place where prostitution, illicit sexual inter[ ]courseX] or other immoral acts
are practiced;
(f) A Q[P]lace where activities in violation of State law or ordinance are carried on;
(g) The public exposure of a person having a contagious disease;
(h) The continued making of loud or unusual noises which annoy persons of
ordinary sensibilities, or the keeping of an animal which makes such noises;
(i) The operation or use of any electrical apparatus or machine which materially
and unduly interferes with radio or television reception by others;
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Attachments 1-31
Lashbrook Note: Ord. 2499-2010 Amends KMC 12.10 Definition of "Nuisance."
Ordinance No. 2499-2010
Page 20f2
OJ Any use of a street or sidewalk or a place adjacent thereto which causes crowds
of people to gather so as to obstruct traffic on such street or sidewalk or which
otherwise obstructs traffic thereon, except as may be authorized by law or ordinance;
(k) All ditches, drains, wells, pools, cisterns, bodies, or containers of water in which
mosquitoes breed or are [A] likely to breed, or which are so constructed, formed,
conditioned, or situated as to endanger the public health or safety;
(1) Rank weeds or grass, carcasses, accumulations of manure, refuse, or other
things which are or are likely to be breeding places for flies, mosquitoes, vermin, or
disease germs;
(m) Any building or structure which is dangerous to the public health or safety
because of damage, decay, or other condition;
(n) Any pit, hole, or other thing which is so constructed, formed, conditioned,
and/ or situated as to endanger the public safety;
(0) Any fire or explosion hazard which endangers the public peace, health, safety,
or welfare; and,
(p) Any occupation or activity which endangers the public peace, health, safety,
morals, or welfare~
(q) Any building or structure that is partially or wholly burned or otherwise
partially destroyed by other means and that is hazardous to the safety of any person, a
continuing fire hazard, or is structurally unsound to the extent that there is a
likelihood of injury to any person entering the structure.
Section 4. Severability: 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 4. Effective Date: Pursuant to KMC 1. 15.070(f), this ordinance shall take
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of
August, 2010.
PAT PORTER, MAYOR
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Attachments 1-32
Lashbrook note: To save paper, I
cut in this section and eliminated
last pg.
Lashbrook Note: Ord. 2499-2010 Amends KMC 12.10 Definition of "Nuisance."