HomeMy WebLinkAboutOrdinance No. 2916-2016M
CITY OF KENAI
ORDINANCE NO. 2916 -2016
Sponsored by: Mayor Porter
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC
CHAPTER 12.10- NUISANCES IN GENERAL, TO INCLUDE ABANDONED STRUCTURES,
CHANGE THE ENFORCEMENT PROCESS, AND MAKE OTHER MATERIAL AND
HOUSEKEEPING CHANGES.
WHEREAS, Kenai Municipal Code Chapter 12.10- Nuisances in General, prohibits,
defines and provides the enforcement procedures for nuisances in the City; and,
WHEREAS, the City, as a home rule municipality, has the authority to regulate public
nuisances to promote public peace, health, safety and welfare; and,
WHEREAS, aside from the inclusion of burned or otherwise destroyed buildings as a
nuisance in 2010, Chapter 12.10 has not been updated since its inception and is in
need of updating in order to be consistent with the City's current enforcement
procedures and composition; and,
WHEREAS, including a statement of purpose and intent in Chapter 12.10 provides
general guidance in enforcement and notice to the community; and,
WHEREAS, including certain abandoned structures that are wrecked, scrapped,
disassembled, unusable, burnt, inoperable or unrepairable is intended to both
discourage the abandonment of these structures and provide a means to enforce their
removal in the interest of public health safety and welfare; and,
WHEREAS, abandoned structures in a state a disrepair can have a negative effect on
property values, be an attractive nuisance for minors, a source of insect infestation and
harbor for vermin as well as impact the community in other negative ways; and,
WHEREAS, more detailed descriptions of other nuisances are needed to make them
easier to enforce and provide improved notice to the public of what is prohibited; and,
WHEREAS, the current enforcement procedures in KMC 12.10.020 for nuisances that
do not constitute a grave and immediate danger provide for a process whereby suspected
public nuisances are brought to the Council for a determination as to whether a
nuisance exists and provides for Council to direct abatement; and,
WHEREAS, it is consistent with other City enforcement procedures to amend KMC
12.10.020 to Administration to issue notices of violations and enforcement orders, with
specific notice requirements and an appeal right to the Board of Adjustment and
abatement proceedings enforced through the superior court; and,
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Ordinance No. 2916 -2016
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WHEREAS, in order to facilitate the removal of nuisances, it is in the best interest of the
City to allow, but not require, the City to remove nuisances with the owner's permission
at the City's whole or partial costs, when it can be shown that the removal of the
nuisance would be an undue financial hardship to the owner of the property; and
WHEREAS, providing for a civil penalty of $50 for violations of the City's nuisance law
is reasonably intended to deter nuisances and encourage prompt compliance; and,
WHEREAS, adding definitions to KMC Chapter 12. 10, reorganizing the existing sections,
and making other housekeeping changes will help facilitate the administration of the
chapter and provide improved notice to the public.
WHEREAS, at its regular meeting of August 24, 2016 the Planning and Zoning
Commission recommended the Council enact this Ordinance.
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. Amendment of Chanter 12.10 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 12.10 - Nuisances in General, is hereby amended as follows:
Chapter 12.10 NUISANCES IN GENERAL
12.10.005 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 nuisances.
12.10.008 Public Nuisance Unlawful.
It is unlawful for any person (owner, lessee, or other) to create or maintain a
public nuisance within the City, or to permit a public nuisance to remain on premises
under his or her control within the City.
12.10.010 Public Nuisances [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;
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Ordinance No. 2916 -2016
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(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 intercourse, or other immoral acts
are practiced;
(� A place 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;
0) 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 other insects, vermin, or other nests breed or are likely to breed
in a manner that[, OR WHICH ARE SO CONSTRUCTED, FORMED,
CONDITIONED, OR SITUATED AS TO] endangers the public health or safety or
are not properly constructed fenced or barricaded and endangers public health
or safe ;
(1) [RANK WEEDS OR GRASS,]Carcasses, accumulations of manure or
sewage, 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;
(o) Any fire or explosion hazard which endangers the public peace, health,
safety, or welfare, including but not limited to unprotected or improperly stored
concentrated quantities of gasoline oil or other flammable or explosive
materials;
(p) Any occupation or activity which endangers the public peace, health,
safety, morals or welfare; and
(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.
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Ordinance No. 2916 -2016
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(r) Any abandoned residential or commercial structure that has not been
connected to water or electrical utilities or an alternative adequate source 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 wrecked scrapped, disassembled, unusable, burnt,
inoperable or unrepairable.
12.10.020 Enforcement and Abatement of [P]Public [N]Nuisances.
(a) Public nuisances constituting a grave and immediate danger. 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.
f (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
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
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Ordinance No. 2916 -2016
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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.]
]b) Other Public Nuisances The City Planner Building Official, Chief of Police,
Chief of the Fire Department or their designees may issue a Notice of Violation or
Enforcement Order to the property owner, lessee occupant, or person(s) causing
or responsible for the nuisance(s).
(c) 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 subiect property.
(d) The Notice or Order must:
1. identify the property and describe the nuisance thereon to be
removed, abated or remedied,
2. direct that the nuisance be removed, abated, or remedied,
3. provide a reasonable time period in which to comply, not to exceed
90 days except structures, which have 180 days.
4. state that the continued violation of the provisions of this chapter
is subiect to a penalty of up to $50.00 a day.
5. state that the City may seek a court order to remove, abate or
remedy the nuisance if appropriate action is not taken during the
allowable time period,
6. state that costs incurred by the City to remove, abate or remedy the
nuisance if not paid by the violator(s) may become a lien on the real or
personal property upon which the nuisance is located, notifv 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 nuisance is
located that the City may remove the nuisance at its costs or partial costs
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Ordinance No. 2916 -2016
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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 anv
abandoned nuisance.
(e) Abatement. After appropriate notice, and if applicable, a hearing and
_appeal the City may seek an Order, in Superior Court to remove anv nuisance
from private property and recovery of associated costs fees penalties and
interest
12.10.030 Penalties.
(a) 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.
(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 nuisances.
12.10.040. Definitions.
(a) "Property Owner" means the owner shown on the latest tax assessment
roll.
(b) "Structure" means that which is built or constructed, an edifice, or a
building of any kind composed of parts ioined together in some definite
manner.
(c) "Undue Financial Hardship" is determined based on the following:
Annual income as a
Percent of Cost reduced
Percent of current Health
& Human Services (HHS)
Poverty Guidelines for
Alaska
1-100%
100% Waiver
101-149%
75% Waiver
150 -174%
50% Waiver
175 -199°
25% Waiver
200% plus
No Waiver
[12.10.030 PUBLIC NUISANCE UNLAWFUL.
IT IS UNLAWFUL FOR ANY PERSON (OWNER, LESSEE, OR OTHER) TO CREATE
OR MAINTAIN A PUBLIC NUISANCE WITHIN THE CITY, OR TO PERMIT A PUBLIC
NUISANCE TO REMAIN ON PREMISES UNDER HIS OR HER CONTROL WITHIN THE
CITY. ]
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Ordinance No. 2916 -2016
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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 7th day of
September, 2016.
PAT PORTER, MAYOR
Introduced: August 17, 2016
Enacted: September 7, 2016
Effective: October 7, 2016
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M
'Villaye with a Past, C# with a Future fl
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
www.kenai.city
MEMORANDUM
TO:
Council Members
THROUGH: Mayor Porter
FROM:
Scott M. Bloom, City Attorney
DATE:
August 11, 2016
SUBJECT:
Ordinance 2916 -2016
This Ordinance makes significant to the City's code on nuisances. Aside from including
more descriptive definitions of existing nuisances, the proposed changes include new
procedures for enforcement and include abandoned structures that are wrecked, scrapped,
disassembled, unusable, burnt or unrepairable as a nuisance.
This process began with an attempt to address abandoned mobile homes, however, after
works sessions with the Planning and Zoning Commission and valuable public comment
at those meetings, it was recognized that there was little reason to single out mobile
homes and that the City's procedures in addressing nuisances should be reviewed in their
entirety. The Planning and Zoning will consider the proposed changes at its regular
meeting on August 24, 2016.
The following is a sectional analysis of the changes proposed by the ordinance:
• Addition of new section 12.10.005: this new section provides a statement on the
purpose and intent of the City's nuisance code, which is to promote the peace,
health, safety and welfare of the public
• Renumber existing KMC 12.10.030, which describes the prohibited conduct, from
the end of the Chapter to the beginning as KMC 12.10.008 for purposes of clarity
and flow.
• The title of KMC 12.10.010 is changed from "Definitions" to "Public Nuisances"
because the section declares what public nuisances are, as opposed to providing
definitions in a manner consistent with other Chapters of the Municipal Code.
• KMC 12.10.010 (k) describing certain man made water bodies as nuisances is
amended to clarify that these are nuisances when they are breeding grounds for
not just mosquitos but other pests and a danger to public health and safety because
of that or because they are not properly protected from the public through fencing
or other means that protects public health or safety.
Mayor Porter and City Councilors
August 12, 2016
Page 2 of 2
KMC 12.10.010(1) is amended to remove "rank weeds or grass" because it is not
clear what this is intended to prevent. The subsection is further amended to include
accumulation of sewage as a nuisance.
KMC 12.10.010(0) dealing with fire and explosive hazards in amended to include
as a nuisance unprotected or improperly stored concentrated quantities of
explosive and flammable materials.
KMC 12.10.010(r) is added to include as a nuisance, residential or commercial
structures abandoned for at least 180 days and that are wrecked, scrapped,
disassembled, unusable, burnt, inoperable, or unrepairable. This description differs
from the existing subsection (q) that targets burned or otherwise destroyed
buildings that are hazardous to a person's safety, a continuing fire hazard, or
structurally unsound in that the abandoned structure need not be "destroyed" to be
a nuisance if it has been abandoned and meets other criteria that are targeted
towards the structure being an attractive nuisance or unlikely to reasonably be
repaired. Abandoned buildings in a state of disrepair can negatively affect
surrounding property values as well as have other negative effects on the
community.
• The Title of KMC 12.10.020 "Abatement of public nuisances" is amended to
include Enforcement and Abatement for purposes of descriptive clarity.
• KMC 12.10.020(a) addressing abatement of nuisances constituting a grave and
immediate danger is left as is, except that a descriptive subtitle is added. This
subsection allows the City to take immediate action against grave and immediate
dangers.
• Existing KMC 12.10.020(b)(c) and (d) dealing with nuisances that are not a grave
and immediate danger are deleted in their entirety and replaced with new
subsections. These deleted subsections provide a process whereby complaints of
nuisances are initially brought to Council for a determination and decision on
abatement after a public hearing. This procedure has not been utilized in recent
history and is inconsistent with other enforcement procedures in code. This
process also has the potential to lend itself to inconsistent outcomes. The new
subsections, consistent with existing enforcement procedures in other sections of
the Municipal Code allow for administrative enforcement with an appeal right to
the Board of Adjustment and a requirement that the City obtain a court order
prior to conducting its own abatement on private property. The new sections also
allow for the City and property owners that can show that abating the nuisance
would constitute a financial hardship to work together to abate the nuisance at part
or all of the City's costs.
• A new Section KMC 12.10.030 provides for a $50 civil penalty for violations of
the chapter.
• A new Section 12.10.040 provides definitions for "property owner ", "structure"
and "financial hardship"
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Mayor Porter and City Councilors
August 12, 2016
Page 3 of 2
Your consideration is appreciated.
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�j "Villaye with a Past, C# with a Future
fl
:., 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
th1utyof Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111.1
KENN, ALASKA 1992 11 1
MEMORANDUM:
r-TO: Rick Koch, City Manager
FROM: Matt Kelley, City Planner
DATE: September 7, 2016
SUBJECT: Ordinance No. 2916 - 2016 - Amending Kenai Municipal Code Chapter
12.10 - Nuisances in General
At their meeting of August 24, 2016, the Kenai Planning and Zoning Commission voted
to unanimously to approve Resolution No. PZ16 -31. The Resolution supports Ordinance
No. 2916 -2016 to amend Kenai Municipal Code Chapter 12.10 - Nuisances in General.
Staff would like to recommend that the last WHEREAS statement be amended as follows:
WHEREAS, at its regular meeting of August 24, 2016 the Planning and Zoning
Commission recommended the Council approve this Ordinance.
Thank you for your consideration.
ImIN`� SKR
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16 -31
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING THE COUNCIL OF THE CITY OF KENAI,
ALASKA, ENACT ORDINANCE NO. 2916 -2016 AMENDING KMC CHAPTER 12.10 -
NUISANCES IN GENERAL, TO INCLUDE ABANDONED STRUCTURES, CHANGE
THE ENFORCEMENT PROCESS, AND MAKE OTHER MATERIAL AND
HOUSEKEEPING CHANGES.
WHEREAS, Kenai Municipal Code Chapter 12.10- Nuisances in General, prohibits,
defines and provides the enforcement procedures for nuisances in the City; and,
WHEREAS, the City, as a home rule municipality, has the authority to regulate public
nuisances to promote public peace, health, safety and welfare; and,
WHEREAS, aside from the inclusion of burned or otherwise destroyed buildings as a
nuisance in 2010, Chapter 12.10 has not been updated since its inception and is in
need of updating in order to be consistent with the City's current enforcement
procedures and composition; and,
WHEREAS, including a statement of purpose and intent in Chapter 12.10 provides
general guidance in enforcement and notice to the community; and,
WHEREAS, including certain abandoned structures that are wrecked, scrapped,
disassembled, unusable, burnt, inoperable or unrepairable is intended to both
discourage the abandonment of these structures and provide a means to enforce their
removal in the interest of public health safety and welfare; and,
WHEREAS, abandoned structures in a state of disrepair can have a negative effect on
property values, be an attractive nuisance for minors, a source of insect infestation and
harbor for vermin as well as impact the community in other negative ways; and,
WHEREAS, more detailed descriptions of other nuisances are needed to make them
easier to enforce and provide improved notice to the public of what is prohibited; and,
WHEREAS, the current enforcement procedures in KMC 12.10.020 for nuisances that
do not constitute a grave and immediate danger provide for a process whereby
suspected public nuisances are brought to the Council for a determination as to whether
a nuisance exists and provides for Council to direct abatement; and,
Resolution No. PZ16 -31
Page 2 of 2
WHEREAS, it is consistent with other City enforcement procedures to amend KMC
12.10.020 to Administration to issue notices of violations and enforcement orders, with
specific notice requirements and an appeal right to the Board of Adjustment and
abatement proceedings enforced through the superior court; and,
WHEREAS, in order to facilitate the removal of nuisances, it is in the best interest of the
City to allow, but not require, the City to remove nuisances with the owner's permission
at the City's whole or partial costs, when it can be shown that the removal of the
nuisance would be an undue financial hardship to the owner of the property; and
WHEREAS, providing for a civil penalty of $50 for violations of the City's nuisance law is
reasonably intended to deter nuisances and encourage prompt compliance; and,
WHEREAS, adding definitions to KMC Chapter 12.10, reorganizing the existing
sections, and making other housekeeping changes will help facilitate the administration
of the chapter and provide improved notice to the public.
NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF
KENAI, ALASKA, THAT
1. The City of Kenai, Alaska, enact Ordinance No. 2916 -2016 Amending KMC
Chapter 12.10- Nuisances In General, To Include Abandoned Structures, Change
the Enforcement Process, and Make Other Material and Housekeeping Changes.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 24th DAY OF AUGUST, 2016.
t
CHAIRPERSON. ATTEST:
a t, Chairperson
II
Sandra Lashbrook's Comments about Ordinance 2916 -2016: Nuisance Abatement --
For City Council Meeting, September 7, 2016
Page 4 (r): If a structure HAS been connected to water or electrical utilities, it should
not fall under a "nuisance," even if it has been "unoccupied" for 180 days, because it's
too easy for City administration to deem something "unusable" and order it
condemned. The use of the word "OR" here is the problem: as in, "...or is otherwise
documented by the City personnel to be unoccupied for a period in excess of 180 days
..." means that even if a structure has electric or water, the City could still "document"
that it was "unoccupied" for 180 days AND then decide that it "is a nuisance" because in
someone's opinion, it is "disassembled, unusable..." for instance. So someone building
a cabin, or restoring /remodeling a vacant structure which is not quite finished, but for
which there has been steady electricity & work being done, could find themselves the
subiect of an abatement action. Solution: Replace "or" with "and."
Alternative Solution: exclude the structure from being a nuisance if it has been
undergoing renovations in the last 60 days, i.e., if someone has been actively working
on it.
Page 4: 12.10.0 20 (a):
• Remove the word "morals." You cannot legislate morality. Whether something is
"moral" or not is a matter of opinion. Public nuisances constituting a "grave and
immediate danger to the public... morals... " are very, very difficult to define.
• Define "grave and immediate danger." If the City has the right to take
"immediate and proper action" to abate nuisances that are deemed a "grave
and immediate danger," lust what exactly is that?
Page 5: (d)(3): This is one of my biggest issues: "Provide a reasonable time period in
which to comply, not to exceed 90 days." Really? What if it's a huge warehouse? Or
what if it's multiple mobile homes on a single parcel, which would put a huge burden on
the landowner?
SOLUTION: Replace "a reasonable time" with "at least 90 but no more than 180 days
per structure" in which to comply. This will prevent the City Administration from
wielding its power Unreasonably, as it did in 2007 (See My 2007 45 -DAY Dual
Abatement Case, below).
Iz
Brief Outline of the attached "EXHIBITS," describing the City's 2007 Simultaneous,
Dual Abatement Actions and the 45 -DAY DEADLINE,
against Highland Pride Mobile Home Park:
EXHIBIT 1 -2: May 27: City Manager COMMANDS Building inspector to abate "unsafe
structures," to serve the Notice to us on May 29`", and suggests abatement action begin
by the City on June 111"... which is 13 days after receiving the Notice. If City Manager
had had his way, we'd have been given only 13 days to remove "unsafe structures,"
because apparently, the "reasonable period for removal" is unspecific.
EXHIBIT 3: Aug. 1s`: City Manager Resolution 2007 -54: Transferring $8,250 to Buildings
Department to pay a contractor to do the necessary demolition.
EXHIBIT 4: Aug. 151h: Building Inspector indicates Condemnation Notices were served
May 29, received by us on May 30`h, on TWO DIFERENT mobile homes, which gave us
45 days (TOTAL) to remove them, i.e., the deadline for removal of both mobile homes
with several lean -to's was July 14.
EXHIBIT 5 -7: Aug. 301": Building Inspector's list of "items removed" during execution of
search warrant on Highland on August 29` ", consisting of:
• 1" Mobile Home w /lean -to: a 12x60 chassis + assorted debris from our
demolition; and
• 2nd Mobile Home w /two lean -to's: a 10x10x4' high pile of construction demolition
materials.
• Pictures of the two piles of debris left after we attempted to remove TWO ENTIRE
MOBILE HOMES within a 45 day period.
EXHIBIT 8: Sept. 10: Invoice to the City from Chumley's for removal of debris piles:
$6,450. (They only allotted an $1,800 "credit" against their original estimate of $8,250,
for all the work we did in demolishing two entire mobile homes into two small debris
piles.
EXHIBIT 9 -10: Sept. 12: City's "Claim of Lien" on Lashbrooks against Highland Property
for $6,450, signed by City Manager, but sworn to by City Attorney, based on the garbage
ordinance KMC 4.10.020. The lien still exists today.
EXHIBIT 1
Lashbrook Note: The underlining is mine,
the notations and star at the top are not.
Received in FOIA request in 2012.
J
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 III 1
-' Telephone: 907 -283 -7535 / FAX: 907 -283 -3014
t{ic utyaf
KENWA SKA
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 abatemen:
of unsafe structure(s) in the above referenced development.
I received an e -mail front 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.
Pin; lxd Mr. finger to assist.in
abatingpnsafe 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 buildutg official can
undertake abatement L ions 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 withii
your department. I am not interested in arguing semantics with one of your employee,
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. Springer to the owner of the mobile
home
park is unacceptable. It is my direction, absent Ie^_al advice to the contrary, your
department draft and deliver correspondence that states abatement action will commence
on a date certain (I suggest June I1's) if the mobile homes and associated structures are
not removed from the properties
EXHIBIT 2
I want to see a draft of that correspondence today, May 25". Cary Graves will return to
work on May 29th, when he can review the notice prior to its delivery later that day.
Thank you for your prompt attention in this matter.
Cc: Cary Graves
EXHIBIT 3
Suggested by: City Manager
CITY OF KENAI
RESOLUTION NO. 2007 -54
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFF_RRING.
$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 C-c^
(IPMC) in RMC 4.10.010 -020; and,
WHEREAS, under IPMC structures declared unsafe or dilapidated may be ordered to
be demolished by the owner; and.
WHEREAS, Lr the owner fails to demolish the property the City may have is 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 an may to demo is such d the owners 16-, -
so;
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
$S; ^_50
To: Buildings Department /Repair & Demolition $8,250
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of Augcst.
2007.
PAT PORTER, MAYOR
ATTEST:
Caro; L. Freas, City Cle -k ii
i
Approved by Finance:
EXHIBIT 4
"t/c�la9e witk a Past, C# WdA a Fatare"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -7535 / FAX: 907- 283 -3014
www a.kenai ak.us
eke 6# of
August 15, 2007
Sandra Joy and Michael Cropley Lashbrook
3750 Steven Dr.
Wasilla, AK 99654
Subject 5125 Silver Salmon Drive, T 5N R1 OW Sec 8 Seward Meridian KN 0001542
Highlands Sub Lots 10 Thru 18 Block 1 Lots 11 Thru 15 Block 3 Highland Mobilehome
Park
Dear Mr and Mrs.Lashbrook
Pursuant to Kenai Municipal Code (KMC) 4.10.010 -020 and International Property
Maintenance Code (IPMC) section 108 1, the condemnation notices sent to you on May
29, 2007 and received by you on May 30, 2007 gave you 45 days to remove the
following mobile homes: 1) the mobile home 'n cnara #1 Q located next to the children's
playground; and 2) the mobile home located f? spaces to the west of the enmcr of
Silver Salmon Drive and Chisik Street. The locations of the above mobile homes are
shown in the attached map. The time period for appealing the condemnation order has
expired and it is a final order. The deadline for removal under the order was July 14,
2007, and as of this date removal has not been completed.
KMC 4 10.010 -020 and IPMC section 110.3 authorize the City to remove the remaining
debris of the two mobile homes. Additionally KMC 9.10. 010 reouires owners to keep
orooertv free of debris and upon ten (10) days notice the Citv may remove the debris
mobile homes on August 27, 2007. If removal of the debris has not been completed by
that date, a search warrant will be served and removal will be completed. Pursuant to
KMC 4.10.010, IPMC section 106.3 and KMC 9.10.010, the City will file a lien against
the property cleaned u� to recover the costs
Si ly. _
Robert C. Springer
Budding Official, City of Kenai
Cc Jack LaShot, City of Kenai, Public Works Manager
Rick Koch, City of Kenai, City Manager
Cary Graves, City of Kenai, City Attorney
Terry Meier, Highland Mobile Home Park Manager
Lashbrook Note: This was also Exhibit F to
EXHIBIT "F" Robert Springer's 8/27/07 Affidavit for the Search
Warrant, also attached as 1 -16.
EXHIBIT 5
"N'llaye with a Past, C# with a Future if
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 -283 -7535 / FAX. 907 -283 -3014
www.ci.kenai ak.us
ftie<,y�f
KEgAI. ALASKA
Memorandum
To: Cary Graves, City Attorney
From: Robert C. Springer, Building Official 2a--
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 10'X 10'X 4' high pile of construction debris consisting of wood,
metal, sheetrock, insulation and soil.
VIP,
t rl.
002F.-IMA
SEP -10 -2007 I1:10AM FROM - Chumley s Inc
Chumley's, Inc.
Mile 64.5 Sterling Highway
P O. Sos 753
Sterling AK 99672
907 262 -4666
Liwrise: 12374ASL 014460
Billed To: City of Kenai
210 Didalgo Street
Kenai AK 99611
Due Date: 09110/2007
Highland Park Trailer Demolition
Per Bid Dated 7/24/07
Owner Clean -Up Allowance r;
+9072621514
EXHIBIT 8
7 -434 P 0U2f9[2 F -515
Contract Invoice
Invoice #27090005
Date: 09/1012007
Project: Kenai- Highland Park Demolition
Highland Trailer Park
Kenai AK 99611
Terms: Due Upon Redept
Order# 65692
either of which belonged to us, and neither of which we personally
indoned) with additions and sheds in about a 45 day period. All
t remained were two scrap piles and a chassis. Yet the City
)wed Chumley's to charge 78% of their original bid of $8,250,
diting the City and ultimately us, only $1,800. This $6,450 charge
s then placed as a lien on our property, where it remains today.
Tenant eye witnesses stated that Chumley's workers threw the
-up trailer chassis and most of the scrap they cleaned up, into the
yard dumpster we paid to have on the space during the
nolition. We later paid over $2,000 to Alaska Waste for contents
he dumpster for which they charge by the pound to dump.
Thank you for yourprompt payment!
Amount
8,250.00
- 1,600.00
Non - Taxable Amount: 61450.00
Taxable Amount: 0.00
Sales Tax: 000
Amount Due 6,450.00
Case 09 -00484 Claim 26 -1
CITY OF ICL'-NAI
EXHIBIT 9
Filed 11/06/09 Desc -ft m1V,'I S ®f5
A
L Recording Dist: 302 - Kenai
A
s 9/1412007 2:02 PM Pages: 1 of 2
K
A II! I�I�{ illifll�l! IIIIII�IIIl IIII�l lill�li�ililllllllll 11111111111111111911i11111
Claimant. )
1
vs. )
SANDRA JOY LASHBROOK. and )
MICHAEL CROPLEY L.ASHBROOK.,)
'J
Owners. )
CLAIM OF LIEN
(KMC 4.10.020)
NOTICE IS HEREBY GfVEN that the City of Kenai, Claimant, 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 particularly described as follows:
T5N R10W, Section 9, Seward Meridian, KNO001542
Flighlands Subdivision; Lots 10 through 18, Block 1, Lots 11
through 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 property 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:
Cary R. Graves, City Attorney
City of Kenai
210 Pidrilgo Avenue
Kenai, AK 99611
(907) 283 -8225
Claim of Lien Page 1 oft
Case 09 -00484 Claim 26 -1 Filed 11/06/09 Desc Main Document
EXHIBIT 10
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 are Sandra Joy
Lashbrook and Michael Cropley Lashbrook, whose last laiown mailing address is 3750
Steven Drive, Wasilla, AK 99654.
The arnount 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 arnount, plus interest thereon at 7 %, and
all reasonable expenses, costs and attorneys' fees incurred by Claimant in its efforts to collect
the above amounts, which amounts are justly due and owing pursuant to I MC 4.10.010
incorporating by reference § 1103 of the International Property Maintenance Code and KMC
9.10.010.
CITY O •,NAI
'Uco�
ch
Kenai City Manager
STATE OF ALASKA j
) ss.
THIRD JUDICIAL DISTRICT )
CARY R. GRAVES, being duly sworn, deposes and says that Ire is a representative of
the City of Kenai, a corporation, and is authorized by its City Council to make this
vetification 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 knowledge and belief.
SUBSCRIBED AND SWORN TO before me this _�� day of September, 2007.
goiai�ublic in for Alas a
My Conmnission Expires 9 7
Claim of Lien to ofta����
2 of 2
2007. 010011.0
Sponsored by: Mayor Porter
COUNCIL REFERRED TO: P-+12"
CITY OF KENAI Date: 10/ 7/ 2 01 c'
Return By: n04- jx f -1"1
ORDINANCE NO. **** -2015
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 Chanter 12.50 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 12.50- Abandoned Mobile Homes, is hereby enacted as follows:
Chanter 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
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Ordinance No. * * ** -2015
Page 2 of 4
supervision of 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.
an agangonea moplie nome.
b. A mobile home shall be considered abandoned if it has not been connected
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.
12.50.040 Removal of Abandoned Mobile Homes.
After appropriate notice, and if applicable, a ,hearing and appeal, the City may
seek an Order, in Superior Court, to remove any abandoned mobile home from private
vroperty 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 properly
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.
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 subiect 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,
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Ordinance No. * * ** -2015
Page 3 of 4
4. state that the continued violation of the provisions of this chapter
is subiect to a fine of up to $100.00 a day,
S. 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,
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 Adiustment as provided in KMC 14.20.290 Appeals -Board
of Adjustment, and
7. inform the owner of the real property on which the abandoned
12.50.60 Penalties.
which the violation occurs or continues constitutes a separate offense. The City also
may apply penalties and interest to any unpaid penalty amounts consistent with Citv
Code.
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 creates or fosters one or more of the following conditions:
(ii a_ breeding ground or harbor for mosquitoes, other insects,
vermin or other pests:
(ii) a point of heave growth of weeds or other noxious vegetation
over eight inches in height;
Iji the collection of pool or ponds of water;
iv concentrated quantities of gasoline, oil, or other flammable
or explosive materials;
,(v_j a source of danger for children because of the possibility of
entrapment or iniury from exposed sharp surfaces of metal,
glass, or other rigid materials;
vi a source of danger from the structure, or parts thereof, falling
or turning over;
bjjj an accumulation of sewage or animal waste; or
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Ordinance No. * * ** -2015
Page 4 of 4
hjj concentrated quantities of hazardous materials.
lb-1 "Dwelline" means a building or any portion thereof designed or used
exclusively for residential occupancy including one - family, two - familv or
multiple - family dwellings, but not including any other building wherein human
beings may be housed.
f1 "Mobile Home" means a structure which is built on a Permanent chassis
in accordance with Department of Housing and Urban Development Standards
and 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.
fdl "Property Owner" means the owner shown on the latest tax assessment
roll.
fil "Structure" means that which is built or constructed, an edifice, or a
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: **
Enacted: **
Effective: **
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