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HomeMy WebLinkAboutOrdinance No. 2268-2007 Suggested by: ~dmini CYTY OF KENA% ORDINANCE NO. 2268-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ~LASKA, AMENDING KMC 3.15.040 TO PROVIDE THAT 1) A HEARING SHALL B HELD TO DETERMINE WHETHER A DOG KENNEL LICENSE WILL BE GRANTED ND 2) PROPERTY OWNERS WITHIN 300 FEET OF A PARCEL THAT IS TH SUBJECT OF A DOG KENNEL LICENSE APPLICATION SHALL BE NOTIFIED F THE APPLICATION AND THE DATE, TIME AND PLACE OF THE HEARING; AN 3) SETTING OUT THE APPEAL PROCESS FOR ANY AGGRIEVED PARTY. WHEREAS, the Kenai Municipal Code 3.15 more than three dogs over the age of four n 3.15) requires a person keeping to get a kennel license; and, WHEREAS, KMC 3.15 does not require pending kennel license application or li WHEREAS, KMC 3.15 does not provide dog kennel license should be granted; 5 goring property owners to be notified of a renewal; and, a hearing to be held to determine whether a WHEREAS, because of the impact t at a dog kennel can have on neighboring property owners, they should be provided n tice of dog kennel license applications or renewals, and the date, time and place oft e hearing; and, WHEREAS, any party aggrieve by the decision on whether or not to issue a dog kennel license should be allo ed to appeal to the Kenai City Council under the provisions of KMC 14.20.2 NOW, THEREFORE, BE ~`I' ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 3.15/040 is amended as outlined in Attachment A. PASSED BY THE CD~JNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of December, 2007. / / PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: November 7, 2007 Adopted: December 15, 2007 Effective: January 15, 2008 Chapter 3.15 LIt Sections: 3.15.010 3.15.020 3.15.030 3.15.040 3.15.050 TENSED FACYLITIES Licenses required. Licensing procedure. License revocation. Hearings-Appeals. Standards for operating facility. 3.15.010 Licenses required. No person may operate a kennel facility without having a license therefor issued pursuant to this chapter. 3.15.020 Licensing procedure. (a) Application for a license under this chapter shall be to the Chief Animal Conhol Off cer. The application shall include: (1) The name and address of the applicant; (2) The number and breeds of dogs to be kept in the facility; (3) The type of facility the applicant proposes to operate under the license, and a description of the proposed facility. An application for a license for a kennel to be used for commercial purposes shall include a copy of a current Alaska Business License for the operation of the kem2el and a Borough Sales Tax application or registration number; (4) The address of the premises where the applicant proposes to operate under the license, and the name and address of the owner of the premises; (5) A diagram of the premises on which the applicant proposes to operate under the license. The diagram shall show the lot lines and the location and dimensions of yards and structures on the premises where the applicant proposes to operate under the license, designate the parts of the premises on which dogs will be kept, and show the location and use of structures of adjacent lots. The diagram need not be based upon a formal survey of the premises. (6) The license fee required by KMC 3.05.100; (7) Proof of a current rabies vaccination for each dog kept in the facility that is over the age of three months. (b) The Animal Control Office shall not issue a license under this chapter to any person who has been convicted of neglecting an animal or cruelty to an animal. Substitute Ocdinafioe No. 2268-2007 Qi/30/07) Attachment A Puge t of 5 (c) The Animal Control Office shall not issue a license under this chapter until it has inspected the premises where the applicant proposes to operate the facility, and determines that the applicant will operate the facility in accordance with standards set forth in KMC 3.15.050. (d) The Animal Control Office shall prepare a written report of the inspection's tlndings; including any reason why the proposed facility does not meet the standards set forth in KMC 3.15.050 and any steps which the applicant may take to make the facility qualify for a license. The Animal Control Office shall give the applicant a copy of the report. ~ For the initial permit application (but not renewals) the City Planner shall prepare a written report on: Whether allowing the kem7el on the location is consistent with the purpose of the Kenai Zoning Code the purposes and intent of the zoning district and is in harmony with the comprehensive plan If the hearing officer finds allowing the kennel on the Location is not consistent with the purposes and intent of the zoning dishict or is not in harmony with the comprehensive plan, the permit shall not be issued; and Whether allowh2g the kennel would significantly impair the value of the adioininQ' property If the hearing officer finds allowine the kennel at the location would aignificantl~impair the value of the adioinin~ property the permit shall not be issued. ~[E] A license issued colder this chapter shall expire on December 31st of the year in which it is issued. [(F) AN APPLICATION TO RENEW A LICENSE ISSUED UNDER THIS CHAPTER SHALL BE MADE AT LEAST THIRTY (30) DAYS AFTER THE LICENSE EXPIRES, AND SHALL BE MADE IN THE SAME MANNER AS AN APPLICATION FOR A NEW LICENSE, PROVIDED THAT TAE APPLICANT MAY RELY UPON MATERIALS SUBMITTED WITH HIS ORIGINAL APPLICATION TO THE EXTENT THEY ACCURATELY PORTRAY "1'HE CURRENT CONDITION OP THE FACILITY.] (g) The applicant shall be informed in writing that the application or receipt of the License provided for in this chapter does not relieve the applicant of meeting all zoning ordinance requirements or any other applicable City, Borough, or State laws or regulations. (h) The applicant shall agree in writing that the kennel facility may be inspected by the Chief Animal Control Officer or his/her designee at any time during business hours of the permitted. The Chief Animal Control Officer or his/her designee shall hold a hearing to determine whether the license should be granted conditioned limited or denied Notification shall Substitute Ordina~ice No. 2268-2007 Q 1/30/07) Attachment F~ Pnge 2 of 5 be mailed to real property owners listed on the borough assessor's records within a three hundred (3001 foot periphery of the parcel that is the subject of the proposed action The notice shall be mailed at least ten (10) days piior to the hearing and shall include the date, time and place of the hearing_A copy of the decision shall be mailed to all notified property owners all~ersons testifyin~ or submitting comments and the applicant. (j~[F] An application to renew a license issued under this chapter shall be made at least thirty (30) days before [AFTER] the license expires, and shall be made in the same manner as ail application for a new license provided that the applicant may rely upon materials submitted with his original application to the extent they accurately portray the current condition of the facility. Notification of the renewal application shall be mailed to real property owners on the borou>;h assessor's records within a three hundred (300) foot periphery of the parcel affected The notice shall provide a date by which any comments re ag rdiil tg he application should be submitted. burin the comment period the applicant or a person receiving notice under this subsection may request a hearing Upon timerapplication under this subsection the Chief Ai~na1 Control Officer or his/her desi~lee shall hold a hearin~~ to determine whether the license should be renewed conditioned limited or denied. Notification of the hearing shall be mailed to real property owners listed on the borough assessor's records within a three hundred (300) foot periphery of the parcel that is the subject of the proposed action The notice sh111 be mailed at least ten (101 days prior to the hearing and shall include the date time and place of the hearing A copy of the decision shall be mailed to all notified property owners all persons testifying or submittin>? comments and the applicvrt. 3.15.030 License revocation. (a) If an inspection of a facility licensed under this chapter reveals: (1) The facility constitutes a health hazard; (2) The facility violates a City or Borough ordinance or regulation; (3) The facility violates a provision of this title, a term, condition, or limitation of a liceivsc issued under this chapter or a City regidation promulgated under this title. The inspecting agency may so notify the operator of the facility, stating in writing the steps the operator may take to remedy the violation. (b) The inspecting agency shall allow a facility operator who has been notified of a violation under subsection (a) of this section a reasonable time not exceeding fifteen (I S) days to remedy the violation. At the end of that period, the inspecting agency shall re-inspect the facility to determine whether the violation has been cw•ed. Substitute Ordinance No. 2268-2007 (I l /30/07) Attachment A Page 3 of 5 (c) If after re-inspection, the inspecting agency determines the violation has not been cured or that new violations have occurred, the Chief Animal Control Officer may commence a proceeding to revoke the license for the facility uud~er KMC 3.15.040. Before revoking a license under this chapter the Chief Animal Control Officer or iris designee shall hold a hearing to determine whether the license should be revoked. The party aggrieved ma~ppeal to the City Council within fifteen (15) days of the decision. 3.15.040 Hearings-Appeals. A person aggrieved by the granting revocation renewing limiting couditioning~ or deriving of a license under this chapter may within fifteen (1 S) days of the date of the decision complained of appeal to the City Council~ursuant to the procedures in KMC 14 20 290 [(A) A PERSON AGGRIEVED BY THE GRANTING, RENEWING LIMITING, CONDITIONING, OR DENYING OF A LICENSE UNDER THIS CHAPTER MAY, WITHIN FIFTEEN (15) DAYS OF THE ACTION COMPLAINED OF, APPLY FOR A HEARING BEFORE THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE. UPON TIMELY APPLICATION UNDER THIS SUBSECTION, THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE SHALL HOLD A HEARING TO DETERMINE WHETHER THE LICENSE SHOULD BE GRANTED, CONDITIONED, LIMITED, OR DENIED. THE PERSON AGGRIEVED MAY APPEAL TL3E DECISION OF THE CHIEF ANIMAL CONTROL OFFICER TO THI; CITY COUNCIL WITHIN THIRTY (30) DAYS WHOSE DECISION SHALL BE FINAL.] [B BEFORE REVOKING A LICENSE UNDER THIS CHAPTER, THE CHIEF ANIMAL, CONTROL OFFICER OR HIS OR HER DESIGNEE SI-TALL HOLD A HEARING TO DETERMINE WHETHER THE LICENSE SHOULD BE REVOKED. 'I HE PARTY AGGRIEVED MAY APPEAL TO THE CITY COUNCIL WITHIN THIRTY (30) DAYS OF THE DECISION WHOSE DECISION SHALL BE FINAL.] 3.15.050 Standards for operating facility In operating a kennel facility, the operator shall (Ord. 1522-92): (a) Comply with the provisions of this title, the terms, conditions, and limitations of any license issued hereunder and any City regulations promulgated under this title. (b) Provide shelter adequate to preserve the health of the animals kept in the facility. (c) Maintain the facility in a sanitary condition. (d) Provide for the adequate care and feeding of animals kept in the facility. (e) Design and equip the facility so as to keep all animals on the premises. Substitute Oedinance No. 2268-2007 (11/30/07) Attachment A Page 4 of 5 (f) Keep on that mm~ber of animals in the facility which is safe and healthy for the facility's sake. (g) Maintain the facility in such a manner that it does not constitute a nuisance to owners or occupiers of land in its vicinity. Substitute Ordinance No. 2268-2007 (1V30/07) Attachmont A Pege 5 of 5 '®V`lfac~ it~i a fast, i rvit~r F~c~„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us 1~IU~ 1`O: Mayor Porter vld the Kenai City Council FROM: C~~ Cary R. Graves, City Attorney DATE: November 30, 2007 RI;: Substitute Kennel Ordinance There are two major changes in the substitute ordinance. First, while a notice is sent Yo neighbors within a 300-foot periphery for license renewals, a hearing is not held unless one is requested. For initial applications, notices are sent and a hearing must be held. The second change is that we incorporate some of the language for conditional uses from KMC 14.20.150 into the kennel ordinance. We thought that was a better approach than making kennels a condition nse. That's because kennel licenses need to be renewed every year to check the conditions the dogs live in and to make sure they areproperly licensed and vaccinated. Conditional uses are not subject to yearly renewals. Kennels need to be. The conditional use language that was added to the kennel ordinance is: For the initial permit application (but not renewals) the City Planner shall prepare a written report on: (1) Whether allowing the kennel on the location is consistent with the purpose of the Kenai Zoning Code, the purposes and intent of the zoning district and is in harmony with the comprehensive plan. If the hearing officer finds allowing the kennel on the location is not consistent with the purposes and intent of the zoning district or is not in harmony with the comprehensive plan, the permit shall not be issued; and (2) Whether allowing the kennel would significantly impair the value of the adjoining property. If the hearing officer finds allowing the kemzel at the location would significantly impair the value of the adjoining property, the permit shall not be issued. 'T'hat language requires the hearing officer to take into consideration the effect of the kemiel on adjoining property and its compliance with the zoning code and comprehensive plan during the initial application process, but not renewals. Since the hearing officer may not have expertise in that area, a report will be prepared from the City Planner to analyze those issues. Please let me know if you have any questions or comments.