HomeMy WebLinkAboutResolution No. PZ2016-31u
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
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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:
ff Malt, Chairperson
Sa dr Modigh;- 1ty Clerk