HomeMy WebLinkAboutOrdinance No. 2675-2013Suggested by: Legal Department
CITY OF KENAI
ORDINANCE NO. 2675 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE SECTION 14.20.300 APPEAL TO SUPERIOR COURT,
TO SPECIFY THAT APPEALS OF BOARD OF ADJUSTMENT DECISIONS MAY ONLY
BE TAKEN TO THE SUPERIOR COURT IN KENAI, ALASKA BY ANY AGGRIEVED
PERSON.
WHEREAS, KMC 14.20.300, Appeal to Superior Court, provides for appeals of Board
of Adjustment decisions to be taken to the superior court by any person; and,
WHEREAS, it is in the best interest of the City of Kenai to require that decisions of the
City's Board of Adjustment be appealed to the Superior Court in Kenai; and,
WHEREAS, it is further in the City's best interest and in conformity with applicable
court rules to require that only aggrieved persons may bring an appeal.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Form: That this is a Code ordinance.
Section 2. Amendment of Section 14.20.300 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 14.20.300 Appeal to superior court, is hereby amended
as follows:
14.20.300 Appeal to Superior Court.
An appeal from any action or decision of the Board of Adjustment may be taken
by [ANY PERSON] any aggrieved person to the Superior Court in Kenai, Alaska under
the rules of appellate procedure governing appeals from administrative agency
decisions [AS PROVIDED BY STATE LAW 1 and applicable ordinances.
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.
Ordinance No. 2675 -2013
Page 2 of 2
Section 4. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
February, 2013.
PAT PORTER, MAYOR
ATT %
Sandr od'gh, Ci{ Clerk
Introduced: January 16, 2013
Adopted: February 20, 2013
Effective: March 20, 2013
New Text Underlined; [DELETED TEXT BRACKETED]
u
lVillaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014
www.ci.kenai.ak.us
MEMORANDUM
TO: Mayor Porter and Members of the City Council
FROM: City Attorney, Scott Bloom
DATE: January 11, 2013
RE: Ordinance No. 2675 -2013 Amending Board of Adjustment Appeals Procedures
City Code provides that appeals from decisions of the Board of Adjustment can be taken to
Superior Court by any person. It is in the City's best interest to specify that appeals must be filed in
the Kenai Superior Court where the City's resources are and only by interested parties, or those
aggrieved by a decision of the Board of Adjustment. While the Legal Department plans a more
comprehensive review of the Board of Adjustment process and procedures in the near future, it is
recommended that this change be adopted sooner rather than later. Thank you for your
consideration.
OVA
"Klla9e with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO:
Mayor Porter and City Councilors
FROM:
Scott M. Bloom, City Attorney-5,5
DATE:
February 14, 2013
SUBJECT:
Amending Ordinance No. 2675 -2013
Ordinance 2675 -2013 Amending Board of Adjustment Appeals Procedures, was
postponed at the City Council meeting on February 6, 2013 to allow for more time to
consider potential amendments. I recommend the Council move to amend the Ordinance
prior to adoption. The recommended amendment is shown in bold as follows for
demonstrative purposes:
Section 2. Amendment of Section 14.20.300 of the Kenai Municipal
Code: That Kenai Municipal Code, Section 14.20.300 Appeal to superior
court, is hereby amended as follows:
14.20.300 Appeal to Superior Court.
An appeal from any action or decision of the Board of Adjustment may be
taken by [ANY PERSON] an interested ea ft , any aearieved person to
the Superior Court in Kenai. Alaska under the rules of ap eln late procedure
governing appeals from administrative agency decisions fAS PROVIDED
BY STATE LAWI and applicable ordinances.
The reason for the amendment is that the amended language better describes that any
party to an appeal that is negatively affected, or aggrieved, by a decision or action of the
Board of Adjustment may appeal the action or decision to the Superior Court in Kenai.
Not only is such language more specific, but it is also consistent with AS 29.40.060,
Judicial Review, which controls appeals from borough boards of adjustment and the
specific designation of standing has been approved by the Alaska Supreme Court in
Griswold v. City of Homer, 252 P.3d 1020 (Alaska 2011.)
The relevant section of the ordinance as amended, if approved, with proper legislative
formatting is shown as follows:
Mayor Porter and City Councilors
February 14, 2013
Page 2 of 2
Section 2. Amendment of Section 14.20.300 of the Kenai Municipal
Code: That Kenai Municipal Code, Section 14.20.300 Appeal to superior
court, is hereby amended as follows:
14.20.300 Appeal to Superior Court.
An appeal from any action or decision of the Board of Adjustment may be
taken by any aggrieved person to the Superior Court in Kenai, Alaska under
the rules of appellate procedure governing appeals from administrative
agency decisions [AS PROVIDED BY STATE LAW] and applicable
ordinances.
Thank you for your consideration.
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