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HomeMy WebLinkAboutResolution No. 2010-30hr, uy of KENAI. ALASKA CITY OF KENAI RESOLUTION NO. 2010 -30 Suggested by: City Attorney A RESOLUTION OF THE COUNCIL OF THE CITY OF' KENAI, ALASKA, AUTHORIZING THE CITY ATTORNEY TO FILE SUITS ON BEHALF OF THE CITY TO ENFORCE THE CITY'S CODES REGARDING HEALTH AND SAFETY, NUISANCE, GARBAGE, REFUSE AND DEBRIS, JUNK AND ABANDONED VEHICLES, AND RELATED LAND USE ORDINANCES AND TO COLLECT CIVIL PENALTIES FOR VIOLATON OF SAME. WHEREAS, under Alaska Statute 29.35.010, municipalities have the general power to enforce ordinances, to prescribe a penalty for violation of an ordinance, and to sue and be sued; and, WHEREAS, from time to time, the City has assessed a civil penalty for violations of its Codes but the violator refuses to pay the penalties; and, WHEREAS, the City of Kenai has enacted ordinances for the protection of health and safety and to regulate land use in the City, including KMC, Chapter 9.10 relating to garbage and other refuse, Chapter 12.10 relating to nuisances, Chapter 12.20 relating to miscellaneous offenses such as deposit of refuse, debris and junk, noxious weeds, excavations and ice boxes, Chapter 12.25 relating to abandoned vehicles, and Chapter 13.05 relating to imposition of general penalties for violation of City codes; and, WHEREAS, the City of Kenai, though KMC Chapter 14.20, Kenai Zoning Code, has also adopted ordinances regulating land use and providing for imposition of enforcement and abatements orders for violation of that chapter and providing for assessment of civil penalties for violations of KMC 14.20 and 12.20 and 12.25; and, WHEREAS, from time to time, the City is presented with violations of its Code and despite attempts to obtain compliance, persons refuse to voluntarily comply with the Code and with the City's requests and demands for compliance; and, WHEREAS, violations of these ordinances have a negative impact on the property, health, and safety of the citizens of the City of Kenai and this impact is immediate and ongoing; and, WHEREAS, the City Attorney must sometimes react quickly to violations of these ordinances to prevent loss to property and to reduce the impact to the health and safety of the City of Kenai citizens and visitors to the area; and, WHEREAS, legal action by the City can include asking a court to enjoin behavior or compel action to remedy the violation and /or to order payment of penalties imposed; and, Resolution No. 2010 -30 Page 2 of 2 WHEREAS, although formal legal action is not the City's preferred method of collection and Code enforcement, the Council recognizes that it is occasionally necessary to institute suit where the City's efforts to obtain compliance with the Code and /or to obtain payment have been unsuccessful. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT, The City Attorney is hereby authorized to institute a suit or suits in the name of the City of Kenai for the enforcement of the City's health, safety, and related land use codes (KMC Chapters 9.10, 12.10, 12.20, 12.25, 13.05, 14.20) and is further authorized to do any and all things necessary to prosecute such suit or suits to final judgment by settlement or adjudication. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of May, 2010. ATTEST: Carol Freas, City Clerk (v at PAT PORTER, MAYOR MEMO: TO: Mayor Porter and City Councilors FROM: Krista S. Stearns, City Attorney DATE: May 13, 2010 SUBJECT: Resolution 2010 -30 CouncilMemoAuthSuit051210 Village with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 I I I I I I 1992 At the April 7, 2010 City Council meeting, the Council authorized the City Attorney to file suit against Chester Soares and Gus and Janice Rodes to enforce City land use codes and to collect penalty assessed for violation of City Code. As part of that discussion, the Council expressed a preference to provide the City Attorney with a general authorization to file such suits without bringing what are routine collection and enforcement matters to Council each time legal action may be necessary. Accordingly, I have presented a draft resolution for your consideration. Council should keep in mind that with any lawsuit, there is always a possibility that the City could become responsible for payment of a cost and fee award to the opposing party if it brings a lawsuit and is not successful. The Legal Department, of course, screens matters to examine the merits of any matter referred by administration and whether formal legal action is warranted or likely to be successful; but, it is impossible to predict with certainty the outcome of a lawsuit. Please also recognize that formal legal action is not the preferred method of collection or enforcement. I-3y the time the administration refers these matters to the Legal Department, administration has typically made a considerable effort in trying to obtain the owner's or the occupant's voluntary compliance with the Code. The Legal Department may also renew requests for voluntary compliance before filing suit, as determined on a case -by -case basis depending upon the facts presented. Finally, I will continue to keep the Council apprised of legal action through periodic communications to Council about ongoing work of the Department.