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HomeMy WebLinkAboutOrdinance No. 2528-2011t/ic ray of KENAI. SKA CITY OF KENAI ORDINANCE NO. 2528 -2011 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TO MAKE COMPREHENSIVE CHANGES TO ALL RATES, CHARGES, AND FEES IMPOSED BY THE CITY IN KENAI MUNICIPAL CODE TITLES 3, ANIMAL CONTROL; 4, UNIFORM CODES; 5, BUSINESS AND OCCUPATIONS; 11, HARBOR AND HARBOR FACILITIES; 14, PLANNING AND ZONING; 15, PRIVATE PROPERTY; 18, STREETS AND SIDEWALKS; 20, TRANSPORTATION; 21, CITY AIRPORT AND AIRPORT LANDS; AND 22, GENERAL FUND LANDS, AND TO INCLUDE RATES, CHARGES, AND FEES IN A FEE SCHEDULE AUTHORIZED UNDER KMC 7.15. 100 RATHER THAN IN A CODE ORDINANCE, AND MAKING TECHNICAL CHANGES AND CORRECTIONS. WHEREAS, the City Code provides for the establishment of a comprehensive fee schedule to establish rates, charges, and fees of the City; and, WHEREAS, although the Code provides for the establishment of a fee schedule, currently most fees charged by the City are established by City Code and, occasionally, in City regulation; and, WHEREAS, where routine City fees are set forth in City Code, the City cannot timely change its fees in order to respond to changes in the business climate and /or the increase in the cost of doing City business; and, WHEREAS, codification of fees limits the City's ability to change the fee amount, as business practices or other situation arise, in a timely manner; and, WHEREAS, elimination of specific fee amounts and the creation of a fee schedule to be approved by resolution of the Council will provide increased flexibility in the City's management of its charges, rates, and fees; and, WHEREAS, setting fees by resolution of the Council through adoption of a fee schedule, subject to periodic revision, provides a public process for notice and a hearing before the City implements a change to the City's rates, charges, and fees; and, WHEREAS, it is in the best interests of the City to adopt a comprehensive fee schedule of the City's rates, charges, and fees and to set most City fees and charges in a fee schedule approved by the City Council rather than by Code ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 2 of 23 Section 2. Amendment of Section 3.05.100 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3.05.100, Fees, is hereby amended as follows: 3.05.100 Fees. (a) In addition to any other fee required by this title, the City may charge a fee for the following, which fees or charges shall be as set forth in the City's schedule of fees adopted by the City Council: (1) Kennel facility license (2) Dog license, sterilized an imal (3) Dog license, unsterilized animal (4) Dog license tag, replacement plus duplicate (5) Insertion of microchip (6) Animal boarding. (7) Animal impoundment !THE FEE FOR A KENNEL FACILITY SHALL BE ONE HUNDRED DOLLARS ($100.00).] (b) Animal boarding and impoundment fees shall be set based upon the type and weight of the animal boarded. [THE FEE FOR A DOG LICENSE SHALL BE TEN DOLLARS (510.00) FOR A STERILIZED DOG AND THIRTY DOLLARS ($30.00) FOR ALL OTHER DOGS. THE FEE FOR REPLACING A LOST DOG LICENSE TAG WITH A DUPLICATE SHALL BE TWO DOLLARS ($2.00).] Animal impound fees shall also be set so that the fee for the second impoundment and third impoundment of the same animal within a twelve (12) month period from the first impoundment shall be progressively higher than the previous impoundment. (c) The fee for redeeming an impounded animal shall be the sum of the impoundment and boarding fees as set forth in the City's schedule of fees [SPECIFIED IN THIS SUBSECTION], provided that if, within thirty (30) days of paying the impoundment and boarding fees, the owner of an impounded animal presents proof that the animal has been sterilized, the Animal Control Officer shall refund to the owner the impoundment fee for the animal. The refund for sterilization shall be allowed only once for any animal. Before redeeming an animal from impoundment, the owner must also pay for any shots required for the animal and pay for and obtain a license if the animal was not previously licensed. [(1) FIRST IMPOUNDMENT FEE: DOG FIFTY DOLLARS (550.00); CAT FIFTEEN DOLLARS ($15.00). (2) SECOND IMPOUNDMENT FEE WITHIN A TWELVE (12) MONTH PERIOD FROM FIRST IMPOUNDMENT: DOG SEVENTY DOLLARS (570.00); CAT THIRTY DOLLARS (S30.00), PLUS CITATION, SHOTS, LICENSE, AND BOARDING FEES AS REQUIRED. New Text Underlined' [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 3 of 23 (3) THIRD IMPOUNDMENT FEE AND THEREAFTER WITHIN A TWELVE (12) MONTH PERIOD FROM FIRST IMPOUNDMENT: DOG ONE HUNDRED DOLLARS ($100.00); CAT FORTY DOLLARS ($40.00), PLUS CITATION, SHOTS, LICENSE, AND BOARDING FEES AS REQUIRED. (4) BOARDING FEE: DOG AND CAT, TWENTY DOLLARS ($20.00) PER DAY; OTHER ANIMAL WEIGHING MORE THAN FIFTEEN (15) POUNDS, THIRTY -FIVE DOLLARS ($35.00) PER DAY. THE BOARDING FEE ALSO SHALL INCLUDE ANY OTHER COSTS ACTUALLY AND REASONABLY INCURRED BY THE ANIMAL CONTROL OFFICE IN MAINTAINING THE ANIMAL, INCLUDING, BUT NOT LIMITED TO, MEDICAL CARE.] (d)[(5)] Any impounded animal which by reason of its size, strength, dangerous propensities, or other characteristics cannot reasonably be kept in the Animal Control Shelter may be reclaimed upon payment of an impoundment fee as set forth in the City's schedule of fees [OF ONE HUNDRED DOLLARS ($100.00)] plus the actual costs reasonably incurred by the Animal Control Office in impounding, transporting, and keeping the animal. [(D) THE FEE FOR INSERTION OF A MICROCHIP IS THIRTY -SEVEN DOLLARS (537.00).] Section 3. Amendment of Section 3.25.060 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3.25.060, Adoption procedure, is hereby amended as follows: 3.25.060 Adoption procedure. (a) A person adopting an impounded animal shall pay an adoption fee to help defray the cost of impounding and caring for the animal in accordance with KMC 3.15.100. The adoption fee shall be as set forth in the City's schedule of fees adopted by the City Council. (b) A person adopting an animal shall comply with the licensing requirements of KMC 3.15 or 3.20 as they apply to that animal. (c) In addition to any other fees required by this title, a person adopting a dog or cat from the City of Kenai Animal Shelter shall pay a [$25.00] deposit as set forth in the City's schedule of fees adopted by the City Council. The deposit shall be refunded upon submission of a veterinarian's certificate of spaying or neutering to Animal Control within thirty (30) days of adoption for dogs and cats over six (6) months of age at the date of adoption. For dogs or cats under six months of age at adoption, the certificate must be presented within seven (7) months of adoption. Section 4. Amendment of Section 4.05.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 4.05.030, Fee schedule, is hereby amended as follows: New Text Underlined' [DELETED TEXT BRACI {ETED] [TOTAL VALUATION FEE $1.00 $500.00 $23.50 $501.00 S2,000.00 $23.50 FOR THE FIRST $500.00 PLUS 53.05 FOR EACH ADDITIONAL $100.00, OR FRACTION THEREOF, TO AND INCLUDING S2,000.00 $2001.00 525,000.00 $69.25 FOR THE FIRST 52,000.00 PLUS $14.00 FOR EACH ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING $25,000.00 $25,001.00 8391.25 FOR THE FIRST S25,000.00 PLUS 510.10 FOR EACH $50,000.00 ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING $50,000.00 550,001.00 $643.75 FOR THE FIRST $50,000.00 PLUS 57.00 FOR EACH $100,000.00 ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING S100,000.00 $100,001.00 $993.75 FOR THE FIRST $100,000.00 PLUS $5.60 FOR EACH $500,000.00 ADDITIONAL S1,000.00, OR FRACTION THEREOF, TO AND INCLUDING S500,000.00 $500,001.00 53,233.75 FOR THE FIRST $500,000.00 PLUS $4.75 FOR EACH $1,000,000.00 ADDITIONAL S1,000.00, OR FRACTION THEREOF, TO AND INCLUDING S1,000,000.00 51,000,001.00 AND UP $5,608.75 FOR THE FIRST 51,000,000.00 PLUS $3.65 FOR EACH ADDITIONAL 51,000.00, OR FRACTION THEREOF Ordinance No. 2528 -2011 Page 4 of 23 4.05.030 Fee schedule. (a) The first paragraph of Section 108.2 of the International Building Code adopted by this chapter is amended to read as follows: The fee for each building permit shall be paid to the City as set forth in the City's schedule of fees adopted by the City Council. Building perrnit fees shall be based upon the value of the improvement. Plan review fees shall be sixty -five percent (65 of the building permit fee. The applicant shall pay the plan review fee at the time the applicant submits the building permit application to the City. The City may also assess additional fees as set forth in the fee schedule for additional inspections as may be required by changes, additions, or revisions to plans. [TABLE NO. 1 -A OF THE KENAI MUNICIPAL CODE AT 4.05.030(B) PLAN REVIEW FEE SHALL BE 65% OF THE BUILDING PERMIT FEE AS SHOWN IN TABLE 1 -A FOR NEW COMMERCIAL CONSTRUCTION. PLAN REVIEW FEES SHALL BE PAID AT THE TIME APPLICATIONS FOR BUILDING PERMITS ARE SUBMITTED. (B) TABLE 1 -A BUILDING PERMIT FEES.] New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 5 of 23 OTHER INSPECTION FEES: 1. INSPECTIONS OUTSIDE OF NORMAL BUSINESS HOURS (MINIMUM CHARGE: 2 HOURS) 2. INSPECTION FOR WHICH NO FEE IS SPECIFICALLY INDICATED (MINIMUM CHARGE: 2 HOURS) (MINIMUM CHARGE: 1 HOUR) 5.15.020 Detective agency license fee. New Text Underlined [DELETED TEXT BRACKETED] 47.00 PER HOUR 547.00 PER HOUR' 3. ADDITIONAL PLAN REVIEW REQUIRED BY CHANGES, ADDITIONS OR REVISIONS TO PLANS 47.00 PER HOUR' 4. FOR USE OF OUTSIDE CONSULTANTS FOR PLAN CHECKING AND INSPECTIONS, OR BOTH ACTUAL COSTS 'OR THE TOTAL HOURLY COST TO THE JURISDICTION, WHICHEVER IS THE GREATEST. THIS COST SHALL INCLUDE SUPERVISION, OVERHEAD, EQUIPMENT, HOURLY WAGES AND FRINGE BENEFITS OF THE EMPLOYEES INVOLVED. 2 ACTUAL COSTS INCLUDE ADMINISTRATIVE AND OVERHEAD COSTS Section 5. Amendment of Section 5.15.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 5.15.020, Detective agency license fee, is hereby amended as follows: It shall be unlawful for any person to engage in business as a detective agency without having first obtained [AND BEING THE OWNER OF A VALID AND SUBSISTING] a City license so to do to be known as a "detective agency license." The fee for said license shall be an annual fee as set forth in the City's schedule of fees adopted by the City Council [AND HEREBY IS FIXED IN THE SUM OF S50 PER ANNUM]. If the applicant is an association, firm, or co- partnership, such application shall be signed personally by each person composing or intending to compose such association, firm, or co- partnership. If the applicant is a corporation, such application shall be signed by the officer of the corporation authorized to sign such documents in the State of Alaska. Such application shall be sworn to by all persons signing the same before some person authorized to administer oaths. Section 6. Amendment of Section 5.15.040 of the Kenai Municipal Code: The Kenai Municipal Code, Section 5.15.040, Private detective license -Fee, is hereby amended as follows: Ordinance No. 2528 -2011 Page 6 of 23 5.15.040 Private detective license —Fee. It shall be unlawful for any person, whether licensed as a detective agency or not, to engage in the private detective business or to act or engage in business as a private detective without having first obtained [FIRST OBTAINING AND BEING THE OWNER AND HOLDER OF A VALID AND SUBSISTING] a City license so to do, to be known as a "private detective license_ t]The fee for said license [WHICH] shall be an annual fee as set forth in the City's schedule of fees adopted by the City Council [AND IS HEREBY FIXED IN THE SUM OF S5.00 PER ANNUM]. Such private detective license shall carry the name of the detective agency by reason of which the private detective license is issued, and such license shall be in force and effect only as long as such person is possessed of, or is a member of a partnership or officer of a corporation holding, or is employed by the holder of such detective agency license. Section 7. Amendment of Section 5.25.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 5.25.050, License fee and term, is hereby amended as follows: 5.25.050 License fee and term. For issuance of a license, a[A]n applicant shall pay an annual fee as set forth in the City's schedule of fees adopted by the City Council. [A FEE OF S120 FOR THE ISSUANCE OF A LICENSE, WHICH] The license shall expire one year from its issuance. The Clerk may issue a license which shall expire within a shorter duration of time and the fee therefor shall [WILL] be proportionately reduced. All non profit organizations shall be exempt from paying the [ABOVE license fee. Said organizations making application should present proof sufficient to the Clerk of its non profit status. Section 8. Amendment of Section 5.30.040 of the Kenai Municipal Code: The Kenai Municipal Code, Section 5.30.040, License fee, is hereby amended as follows: 5.30.040 License fee. The license fee for engaging in, carrying on, or conducting business as a peddler or transient merchant shall be an annual fee as set forth in the City's schedule of fees adopted by the City Council [THE SUM OF TWENTY -FIVE DOLLARS ($25.00) FOR AN ANNUAL LICENSE]. Section 9. Amendment of Section 5.35.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 5.35.050, Application and filing fees, is hereby amended as follows: 5.35.050 Application and filing fees. (a) Every application for a permit to drill and operate a well shall be in writing, signed by the applicant or by some person duly authorized to sign same on his or her New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 7 of 23 behalf, and it shall be filed with the City Clerk and be accompanied with a filing fee as set forth in the City's schedule of fees adopted by the City Council [OF FIVE HUNDRED DOLLARS ($500.00) IN CASH]. No application shall request a permit to drill and operate more than one (1) well. The said application shall include full information, including the following: (1) (2) (3) (4) The date of said application; Name of the applicant; Address of the applicant; Proposed site of the well, including name of the mineral owner and surface owner, name of the lease owner, and brief description of the land; (5) Type of derrick to be used; (6) The proposed depth of the well. Section 10. Amendment of Section 11.05.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.05.070, Facility rates and charges, is hereby amended as follows: 11.05.070 Facility rates and charges. The City [MANAGER] shall fix the rates and charges for the use of any and all terminal or transportation facilities constructed on property under its jurisdiction, including charges assessed against vessels, their owners, agents or operators which load or discharge cargo at any of the terminals within the harbor area; charges for berthage while loading or discharging cargo; charges for administrative expenses in serving the carrier's charges for freight handling, loading, unloading and wharf demurrage rates. Such rates and charges shall be just and reasonable[, AS DETERMINED BY THE CITY MANAGER, SUBJECT TO CHANGE BY THE COUNCIL, AND SHALL BE PUBLISHED BY POSTING ON THE COUNCIL BULLETIN BOARD AND IN SUCH OTHER MANNER AS THE COUNCIL MAY REQUIRE]. The rates and charges shall be as set forth in the City's schedule of fees adopted by the City Council. Section 11. Amendment of Section 11.15.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.15.150, Deposits for costs prerequisite to filing, is hereby amended as follows: 11.15.150 Deposits for costs prerequisite to filing. The application form will assist the applicant in determining the proper costs to advance, which will depend upon the nature of the right claimed. In all cases a filing fee as set forth in the City's schedule of fees adopted by the City Council shall [OF TEN DOLLARS ($10.00) WILL] be required. Survey costs depend upon the area claimed at a per foot ITHE[ rate as set forth in the City's schedule of fees [OF $.01516 PER New Text Underlined [DELETED TEXT BRACKETED Ordinance No. 2528 -2011 Page 8 of 23 SQUARE FOOT]. If the area claimed is different from the lot as it appears on the Plat, the applicant shall show the measurements of the additional or lesser area claimed and compute and pay the different survey cost accordingly. Transfer costs will be the same in all cases. They cover the cost of time estimated to be required to examine, process, and approve the application, as well as to prepare and execute the deed, publish notice, give notice of additional costs, if any, and give notice to applicant. In all cases, transfer costs will be in an [THE] amount as set forth in the City's schedule of fees adopted by the City Council [OF 835.00]. Deposit for appraisal costs will be required in all cases of Class III preference rights, or where another asserted right is determined by the Council to be a Class III right. Appraisal costs shall [WILL] depend upon the area involved and the complexity of the appraisal sought. Where required as a deposit, the minimum and maximum deposit for the appraisal fee shall be as set forth in the City's schedule of fees [AMOUNT IS FIFTY DOLLARS (S50), BUT ADDITIONAL AMOUNTS NOT EXCEEDING S 100 MAY BE REQUIRED PRIOR TO DELIVERY OF DEED]. Section 12. Amendment of Section 11.20.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.20.050, Applications, is hereby amended as follows: 11.20.050 Applications. (a) All applications for lease of tidelands shall be filed with the Clerk on forms provided by her and available at City Hall which shall upon execution of the lease become part of the lease document. Only forms completed in full and accompanied by a [ONE HUNDRED DOLLAR (S100)] filing fee as set forth in the City's schedule of fees adopted by the City Council will be accepted for filing. Filing fees are not refundable. (b) With every application, the applicant shall submit a development plan showing and stating: (1) The purpose of the proposed lease; (2) The use, value, and nature of improvements to be constructed; (3) The type of construction; (4) Dates construction is estimated to commence and be completed; (5) Whether intended use complies with the zoning ordinance and comprehensive plan of the City; (6) Describe by reference to the plat the area to be leased; (7) A detailed financial plan showing ability to carry through with the development plan; New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 9 of 23 (8) A performance bond of five percent (5 of the project's estimated cost (which bond shall not exceed fifty thousand dollars ($50,000), payable to the City. Section 13. Amendment of Section 11.20.790 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.20.790, Tideland leases for shore fisheries, is hereby amended as follows: 11.20.790 Tideland leases for shore fisheries. (a) The annual minimum rental rate for tideland leases used primarily for shore fisheries shall be an annual fee as set forth in the City's schedule of fees adopted by the City Council [THREE HUNDRED DOLLARS ($300.00) PER YEAR]. However, should the State of Alaska set an annual lease rate higher than that established by the City [THREE HUNDRED DOLLARS ($300.00)] for similar tideland leases for shore fisheries on land owned by the State, the City may amend the annual rental to a rate equal to that charged by the State of Alaska. Any money owed pursuant to KMC 11.20.150 shall be in addition to the annual minimum set forth above. (b) Neither KMC 11.20.160 nor KMC 11.20.620(a) shall apply to tideland leases for shore fisheries. (c) The provisions of KMC 11.20.110 and KMC 11.20.130 requiring appraisals of tideland property shall not apply to leases of tidelands for shore fisheries. However, the survey provisions of KMC 11.20.110 are applicable to shore fishery leases. Section 14. Amendment of Section 14.05.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.05.020, Fees, is hereby amended as follows: 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for amendment to the Kenai Zoning Code or Official Map and with the consideration of applications for variances and conditional use permits, the person presenting the application shall pay to the City [CLERK] a fee in [THE) an amount as set forth in the City's schedule of fees adopted by the City Council [OF ONE HUNDRED DOLLARS (5100.00). A FEE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) SHALL ACCOMPANY AN APPLICATION FOR AMENDMENT TO THE KENAI ZONING CODE OR OFFICIAL MAP.] Whether an application is granted or denied by the Commission, the petitioner or applicant shall not be entitled to the return of the fee paid. Section 15. Amendment of Section 14.20.180 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.180, Variance permits, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 10 of 23 14.20.180 Variance permits. (a) Intent. A variance means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. (b) Permit Application. An application for a variance permit shall be filed in writing with the administrative official and signed by the owner of the property concerned. (1) The application shall contain the following: (A) A legal description of the property involved; (B) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (C) A nonrefundable deposit /advertising fee as set forth in the City's schedule of fees adopted by the City Council (OF ONE HUNDRED DOLLARS (S100.00)]. (c) Review Criteria. The Commission shall establish a finding that all of the conditions have been found to exist as a prerequisite to issuance of a variance permit. (1) Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. (2) The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. (3) The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. (4) The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. (5) The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district. (d) Public Hearing. The public hearing and notification procedure for a variance application shall be accomplished in accordance with the requirements of this chapter. The applicant shall [BE REQUIRED TO] pay a [ONE HUNDRED DOLLARS (S100.00)] nonrefundable fee as set forth in the City's schedule of fees adopted by the City Council in order to help [TO] cover the costs of the public hearing notice. (e) Permit Expiration and Extension. An approved variance permit shall lapse twelve (12) months from the date of approval if the variance for which the permit was issued has not been implemented. The Commission may grant a time extension not to exceed six (6) months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. New Text Underlined• [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 11 of 23 (f) A proposed variance permit shall not be considered if a substantially similar variance permit has been considered and denied within the nine (9) months immediately preceding. Section 16. Amendment of Section 14.20.240 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.240, Mobile homes, is hereby amended as follows: 14.20.240 Mobile homes. (a) No mobile homes may be installed for use in the City of Kenai for public, commercial, or assembly purposes after the effective date of the ordinance codified in this section. (b) No mobile home may be stored outside in the City of Kenai in a residential zoned area after the effective date of the ordinance codified in this section. (c) Mobile homes for residential use may be established only in mobile home parks as permitted in the Land Use Table, subject to the following mobile home standards: (1) No wrecked or dilapidated mobile home may be placed in a mobile home park. No mobile home may be placed in a mobile home park until it has been inspected to meet the requirements of this section. Mobile homes must have adequate sanitary facilities; a sanitary water supply; water heating facilities; heating equipment; cooking equipment; smoke detectors; carbon monoxide detectors; windows; ventilation; electrical service and be structurally safe; or meet the National Manufactured Home Construction and Safety Standards Act of 1974 enacted June 15th, 1976 with a seal certifying that it was built according to such standards. Verification may be done by submission of photographs or physical inspection at the discretion of the Building Official. Placement of mobile homes in mobile home parks shall require a building permit. Notwithstanding KMC 4.32.015— R105.5, a building permit for a mobile home shall expire ninety (90) days after the date of issuance unless an extension has been granted. (2) The fee for a mobile home building permit shall be as set forth in the City's schedule of fees adopted by the City Council [ONE HUNDRED DOLLARS (5100.00)]. The fee for the mobile home building permit may be paid in installments within ten (10) months of the issuance of the permit. The fee shall cover the costs of the initial inspection and subsequent inspection of foundation, skirting, code compliance, and entrances /steps. Access shall be provided for the Building Inspector to inspect the furnaces, water heater, foundation or blocking, and verification of smoke and carbon monoxide detectors. (3) Mobile home service connections shall meet the requirements of the electrical code as adopted in KMC 4.30 and the plumbing code as adopted in KMC 4.25. New Text Underlined' [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 12 of 23 (4) Foundations. Mobile homes may be attached to permanent foundations; provided that the foundations comply with the City's building code. Additions to such mobile homes on permanent foundations shall be factory -built additions or shall comply with the building code and shall be attached to permanent foundations. Mobile homes that are not on permanent foundations shall be blocked as specified in this section, and may have either factory -built additions or additions that comply with the building code. Such additions need not be placed on permanent foundations but must be placed on preservative treated wood or concrete pads /piers or concrete masonry units. (5) Blocking. In order for safe mountings for mobile homes that are not attached to permanent foundations may be provided, the minimum standards for blocking shall be as follows. Blocking shall be installed under the mobile home at the front and at the rear and at approximately eight feet (8') on center under the main frame members on each side of the mobile home, and under the tongue if it is not removable. If wood is used for blocking, the ground or bearing block at each point shall be a minimum of two -inch (2 nominal thickness and of preservative treated wood. Additional blocking used may be regular lumber placed on the wood bearing block or on a concrete pad or on a concrete masonry unit but shall be no longer or wider than the block beneath. Cored concrete blocks used for blocking the mobile home shall be placed vertically. All such concrete blocking shall be load bearing blocks commonly known as Class A concrete blocks. Materials and methods of blocking differing from those described in this section may be approved if submitted for approval prior to installation and approved by Building Official as consistent with the safety standards and goals set forth in this section. (6) Skirting. All mobile homes shall be skirted within ninety (90) days of placement in a mobile home park unless an extension is granted. The skirting shall be in such a manner as to withstand the elements and all access openings in skirting shall be closed when not in use and made of solid panels. (7) All entrances to a mobile home shall be provided with at least a three -foot (3') by three -foot (3') landing and steps both of which must be made of concrete, cemented blocks, steel, preservative treated lumber or painted lumber placed on preservative treated nominal two -inch (2 by four -inch (4 runners. The entrance to an attached deck or similar extension shall be considered as an entrance to a mobile home. (8) Additions. Only one (1) lean-to and one (1) arctic entry may be attached to any mobile home provided they meet the requirements of this section. Additions may not use the mobile home for structural support. No lean-to or combination of lean-to and arctic entry built or attached to any mobile home in a mobile home park shall have a floor area exceeding the floor area of the original mobile home to which it is attached. No addition shall be constructed or maintained of any size or in any position which violates the minimum separation distance, side yard, rear yard, front yard or maximum allowable lot coverage requirements that are applicable in the particular zone or mobile home park in which the mobile home and lean-to are located, or New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 13 of 23 constructed within five feet (5') of the next adjacent mobile home space line. An arctic entry is allowed at an exit /entry door from the mobile home. Additions to mobile homes require a building permit. Additions may only be made to mobile homes meeting standards as set out in subsection (c)(1) of this section. (9) Outbuildings and Additional Structures. Detached structures shall not exceed two hundred (200) square feet. Detached structures shall be separated from the mobile home on the same lot /space by a minimum of five feet (5') and no closer than ten feet (10') from any other mobile home or lean-to or other building in the mobile home park. Detached structures shall require a building permit as required under the residential code adopted in KMC 4.32. The construction of lean-tos and similar structures shall be accomplished only after obtaining a building permit from the building official, and then in accordance with the city's building code. (10) Setbacks and Separation Distance. (i) In new mobile home parks, there shall be a side yard of not less than fifteen feet (15') at the entry side of the mobile home, a side yard of not less than five feet (5') at the non -entry side, a rear yard of not less than five feet (5') and a front yard of not less than ten feet (10'). (ii) In mobile home parks established before the adoption of the ordinance codified in this section, there shall be a minimum ten feet (10') separation distance between any mobile home or building and any other building or mobile home in the mobile home park. (iii) Mobile homes shall have a minimum of one (1) side fronting a roadway or other accessory having a minimum unobstructed width of twenty -four feet (24'). (11) Space Size for New Mobile Home Parks. Each conventional single -wide mobile home shall be located on a plot /space having an area of not less than three thousand two hundred (3,200) square feet and each double-wide mobile home shall be located on a plot having an area of not less than four thousand two hundred (4,200) square feet. A mobile home may not cover more than forty percent (40 of the plot /space size for that mobile home. (12) Space Numbers. Each mobile home must have the space number of mobile home park displayed either on the mobile home or on a post located at the front of the space. (13) Parking. A minimum of two (2) parking spaces per mobile home will be provided per KMC 14.20.250. (14) All mobile homes in mobile home parks shall be connected to water and sewer systems approved by the State of Alaska, Department of Environmental Conservation before they may be occupied. (d) Mobile homes which were installed prior to the effective date of this ordinance in conformance with applicable building code regulations in areas where now prohibited and used for residential purposes or stored outside may have such use New Text Underlined' [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 14 of 23 continued indefinitely, except that such trailers shall not be replaced if destroyed or removed. (e) Mobile homes utilized on bona fide construction sites for offices, storage, or other such purposes may be so used anywhere within the City Limits on the construction job they serve, but shall be removed immediately upon completion of said construction. Manufactured and modular homes as defined are exempt from this subsection. Section 17. Amendment of Section 14.20.270 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.270, Amendment procedures, is hereby amended as follows: 14.20.270 Amendment procedures (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (B) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary. (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, a non- refundable deposit /advertising fee as set forth in the City's schedule of fees adopted by the City Council, [ONE HUNDRED DOLLARS ($100.00)] and any other pertinent information requested by the City. New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 15 of 23 (c) Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The Commission shall, upon public hearing, forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. (4) The Kenai City Council in accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance. Section 18. Amendment of Section 14.20.290 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.290, Appeals —Board of adjustment, is hereby amended as follows: 14.20.290 Appeals Board of adjustment. (a) Any person(s) aggrieved by a final decision of the administrative official or Commission may file an appeal. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. To be a person(s) aggrieved" by a final decision of the administrative official or Commission the person must be: (1) the applicant for the action taken or determination, or the owner of the property that is the subject of the action or determination under appeal; or (2) the administrative official; or (3) an occupant or owner of an interest in real property who can show proof of the adverse effect that the action or determination has or could have on the use, enjoyment, or value of that real property. An interest that is no different from that of the general public is not sufficient to make a person aggrieved; or (4) any person who was entitled under Section 14.20.280(c) to notice by mail of a public hearing on an application for the action or determination; or (5) a resident of the City of Kenai. (b) Appeals from final decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within fifteen (15) days of the decision. The appeal notice shall be in writing and must contain: (1) The signature, name, and mailing and physical addresses of the appellant; (2) A description of the action or determination from which the appeal is sought and the date upon which it became a final decision; (3) The reason for the appeal, which must include a description of harm to the appellant, including why the appellant meets the definition of an "aggrieved person." (4) A statement of the relief requested by the appellant. New Text Underlined [DELETED TEXT BRACKETED Annual income as a percent of current Health and Human Services (HHS) Poverty Guidelines for Alaska Percent of fee reduced 1 -100% 100% Waiver 101 -149% 75% Waiver 150 —i74% 50% Waiver 175 -199% 25% Waiver 200% plus No Waiver Ordinance No. 2528 -2011 Page 16 of 23 (5) The street address of the property that is the subject of the action or determination being appealed and the name and address of the owner(s) of the property. (6) The appellant shall pay a [A] filing and records preparation fee as set forth in the City's schedule of fees adopted by the City Council [OF ONE HUNDRED DOLLARS ($100.00) WILL BE CHARGED]. An application to proceed with an appeal as an indigent may be filed with the City Clerk's office on a form provided by the Clerk. The chair of the board of adjustment may allow an applicant who qualifies as an indigent a reduced filing fee, a payment plan, or a waiver of the filing fee where the chair is able to make a written finding, based on information provided by the applicant, that payment of the appeal fee would be a financial hardship for the appellant. Based upon the information provided, the fee may be reduced or waived in accordance with the following schedule. Any appellants with income equal to or less than two hundred percent (200 of the HHS poverty guidelines for Alaska for the year in which the appeal is filed may apply for a payment plan in which the filing fee shall be paid in full within six (6) months of the date of filing. (c) The City Clerk shall reject any notice of appeal that does not comply with the requirements of Section 14.20.290(b) and notify the appellant of the reasons for rejection. If a notice of appeal is rejected for reasons other than timeliness, a corrected notice of appeal that complies with this section will be accepted as timely if filed within seven (7) days of the date of the mailing of the notice of rejection. The Board of Adjustment shall resolve any issues of standing or whether a party is "aggrieved" under KMC 14.20.290(a). (d) The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. New Text Underlined; [DELETED TEXT 13RACKETEDI Ordinance No. 2528 -2011 Page 17 of 23 (e) The following act or determinations may not be appealed: (1) a decision to cite or not to cite a person for a violation of the code under KMC 14.20.260 or any other provisions of the code; (2) a decision not to issue an enforcement order under KMC 14.20.260 or any other provision of the code; (3) any recommendation for or against approval of the adoption, revision, or amendment of the zoning code, zoning map, comprehensive plan, any other plan, a rezoning or any other matter involving a recommendation. (f) Procedure. (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1) —(10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all interested parties and to all property owners within three hundred feet (300') of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and /or applicant for the action or determination must be sent by certified mail, return receipt requested. (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above mentioned powers, the Board of Adjustment may reverse, remand or affirm, wholly or partly, or may modify the order, requirement, decision or determination, as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. (3) All hearings of the Board shall be open to the public. The Board shall issue a written opinion, stating its decision, the reasons for its decision, and the vote of each member upon each question. The Board of Adjustment may undertake deliberations immediately upon the conclusion of the hearing on appeal or may take the matter under advisement and meet at such other time as is convenient for deliberations until a decision is rendered. Deliberations need not be public and may be in consultation with the City Attorney. An electronic recording shall be made of the hearings and shall be reduced to written minutes and, if needed, a verbatim transcript. The minutes and verbatim transcript shall be made a public record. Copies of the decision shall be promptly posted on the City's official web site and mailed to all parties participating in the appeal. Section 19. Amendment of Section 15.05.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 15.05.030, Costs, is hereby amended as follows: New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 18 of 23 15.05.030 Costs. (a) In addition to the publication costs, there shall be a fee for issuing the certificate and a fee for endorsement by the Clerk as set forth in the City's schedule of fees adopted by the City Council[, AS ESTABLISHED IN KMC 15.05.070]. (b) If the property has been impounded by the City, the cost to the owner for recovering shall include the actual expenses incurred by the City in the impoundment and storage of the property. However, s[S]hould the City employ its own employees for impoundment and its own property for storage, or either, then in lieu of such actual expenses, the owner shall pay for storage and /or impoundment at the rates set forth in the City's schedule of fees adopted by the City Council [SUM OF S1.00 PER DAY FOR STORAGE AND 55.00 FOR IMPOUNDMENT WILL BE CHARGED]. Section 20. Amendment of Section 15.05.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 15.05.070, Fees, is hereby amended as follows: 15.05.070 Fees. The fees required by this chapter shall be set forth in the City's schedule of fees adopted by the City Council and include [ARE AS FOLLOWS]: Towing Charge, Car Towing Charge, Truck Storage Fee, Vehicle Abandoned Property Certificate Clerk's Endorsement on Certificates Storage Fee, Abandoned Property Impoundment, Abandoned Property ($10.00] each vehicle [S13.00] each vehicle [S 1.00] per calendar day 3.00] flat fee [S 5.00] flat fee [S 1.00] per day rate or actual expense 5.00] per day rate or actual expense Section 21. Amendment of Section 18.10.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 18.10.020, Street building permits, is hereby amended as follows: 18.10.020 Street building permits. Any person requesting initial acceptance of a street for maintenance and snow removal by the City shall obtain a street building permit prior to construction of said street. Construction in accordance with standards prescribed by the City will be the duty of the applicant and the burden of proving compliance is upon the person constructing said street. Fee for such permit shall be as set forth in the City's schedule of fees adopted by the City Council [TEN DOLLARS (S10)] and shall be paid to the City [CLERK] at the time of application for said permit. Said fee shall not be refunded if said permit is refused. New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 19 of 23 Section 22. Amendment of Section 18.20.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 18.20.050, Fee for yearly license, is hereby amended as follows: 18.20.050 Fee for yearly license. In order to defray administrative costs in processing yearly licenses by the City administration, before the issuance of a yearly license the contractor shall pay a yearly license fee as set forth in the City's schedule of fees adopted by the City Council [OF $25.00]. Section 23. Amendment of Section 18.25.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 18.25.030, Inspection fee, is hereby amended as follows: 18.25.030 Inspection fee. An inspection fee for each permit in an [THE] amount as set forth in the City's schedule of fees adopted by the City Council [OF TEN DOLLARS (S10.00)] shall accompany an application for permit hereunder to cover the cost of all inspections performed by City personnel as provided herein, except that in the case of excavations for water and sewer tie -ins, the inspection fee provided for by this section shall be waived so as not to duplicate the inspection fee for water and sewer tie -ins required under KMC 17.05.040(d). Section 24. Amendment of Section 20.05.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 20.05.050, License Fees, is hereby amended as follows: 20.05.050 License fees. [THE APPLICANT FOR A LICENSE, OR LICENSE FOR AN ADDITIONAL VEHICLE SHALL PAY INTO THE CITY TREASURY THE SUM SET FORTH BELOW.] (Ord. 1546 -93) (a) The applicant for a license shall pay a license fee as set forth in the City's schedule of fees adopted by the City Council. The license shall entitle the licensee to operate one passenger vehicle for -hire. [A LICENSEE SHALL PAY A LICENSE FEE OF 5250 PER YEAR WHICH SHALL ENTITLE SAID OPERATOR TO ONE PASSENGER VEHICLE FOR HIRE.] (b) In the event a licensee desires to operate [is licensed for] more than one passenger vehicle- for -hire, in addition to providing information described in KMC 20.05.020(c), the[N] licensee (HE] shall pay a fee for each additional vehicle to be operated by the licensee in an amount as set forth in the City's schedule of fees adopted by the City Council [$100 PER YEAR FOR EACH ADDITIONAL VEHICLE SO AUTHORIZED]. New Text Underlined' [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 20 of 23 (c) All licenses shall be for the term of July 1st of one year until June 30th of the following year, or any segment thereof. (d) All taxes and other obligations due to the City and Borough must be current prior to license issuance or renewal. (e) Licenses cannot be transferred and license fees cannot be pro rated. Section 25. Amendment of Section 21.10.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 21.10.050, Filing fee and deposit, is hereby amended as follows: 21.10.050 Filing fee and deposit. (a) When submitting an application for lease of land, the applicant shall pay the City the following as set forth in the City's schedule of fees adopted by the City Council: (1) Pay a non refundable filing fee [IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00)]; and (2) A [Make a] deposit to show good faith and secure the City in payment of any costs, including [IN THE FOLLOWING AMOUNTS]: (i) An appraisal cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)], and (ii) An engineering, surveying and consulting cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)]. (b) If the City decides to reject the applicant's application and not enter into a lease with the applicant through no fault of the applicant or failure of the applicant to comply with any requirement of this chapter, any deposit made under subsection (a)(2) of this section shall [WILL] be returned to the applicant. (c) If the City enters into a lease with the applicant any deposit made by the applicant under subsection (a) of this section will be applied to the City's engineering, appraisal, and consulting costs related to the processing of the applicant's application and entering into the lease. The City will apply any unused balance of a deposit to the rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition of the lease. (d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay, as determined by the City Manager, or refuses to sign a lease offered to the applicant, the City Manager will reject the applicant's application and apply any deposit made by the applicant under subsection (a) of this section to the City's appraisal, engineering, and consulting costs incurred in connection with the applicant's application. If the City's costs for appraisal, engineering and consulting New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 21 of 23 costs exceed the deposits, the applicant will be responsible for these costs. The City will return any unused deposit balance to the applicant. Section 26. Amendment of Section 21.15.040 of the Kenai Municipal Code: The Kenai Municipal Code, Section 21.15.040, Filing fee and deposit, is hereby amended as follows: 21.15.040 Filing fee and deposit. (a) When submitting an application for lease of land, the applicant shall pay the City the following as set forth in the City's schedule of fees adopted by the City Council: (1) Pay a non refundable filing fee [IN THE AMOUNT OF ONE HUNDRED DOLLARS (S100.00)]; and (2) A [MAKE A] deposit to show good faith and secure the City in payment of any costs, including [IN THE FOLLOWING AMOUNTS]: (i) An appraisal cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)]; and (ii) An engineering, surveying and consulting cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)]. (b) If the City decides to reject the applicant's application and not enter into a lease with the applicant through no fault of the applicant or failure of the applicant to comply with any requirement of this chapter, any deposit made under subsection (a))2) of this section will be returned to the applicant. (c) If the City enters into a lease with the applicant any deposit made by the applicant under subsection (a)(2) of this section will be applied to the City's engineering, appraisal, and consulting costs related to the processing of the applicant's application and entering into the lease. The City will apply any unused balance of a deposit to the rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition of the lease. (d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay, as determined by the City Manager, or refuses to sign a lease offered to the applicant, the City Manager will reject the applicant's application and apply any deposit made by the applicant under subsection (a) of this section to the City's appraisal, engineering, and consulting costs incurred in connection with the applicant's application. If the City's costs for appraisal, engineering and consulting costs exceed the deposits, the applicant will be responsible for these costs. The City will return any unused deposit balance to the applicant. New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 22 of 23 Section 27. Amendment of Section 22.05.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 22.05.030, Filing fee and deposit, is hereby amended as follows: 22.05.030 Filing fee and deposit. (a) When submitting an application for lease of land, the applicant shall pay the City the following as set forth in the City's schedule of fees adopted by the City Council: (1) Pay a non refundable filing fee in the amount [OF ONE HUNDRED DOLLARS (5100.00)[; and (2) A [MAKE A] deposit to show good faith and secure the City in payment of any costs, including [IN THE FOLLOWING AMOUNTS]: (i) An appraisal cost recovery deposit [OF TWO THOUSAND DOLLARS (S2,000.00)]; and (ii) An engineering, surveying and consulting cost recovery deposit [OF TWO THOUSAND DOLLARS (52,000.00)]. (b) If the City decides to reject the applicant's application and not enter into a lease with the applicant through no fault of the applicant or failure of the applicant to comply with any requirement of this chapter, any deposit made under subsection (a)(2) of this section will be returned to the applicant. (c) If the City enters into a lease with the applicant any deposit made by the applicant under subsection (a)(2) of this section will be applied to the City's engineering, appraisal, and consulting costs related to the processing of the applicant's application and entering into the lease. The City will apply any unused balance of a deposit to the rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition of the lease. (d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay, as determined by the City Manager, or refuses to sign a lease offered to the applicant, the City Manager will reject the applicant's application and apply any deposit made by the applicant under subsection (a) of this section to the City's appraisal, engineering, and consulting costs incurred in connection with the applicant's application. If the City's costs for appraisal, engineering and consulting costs exceed the deposits, the applicant will be responsible for these costs. The City will return any unused deposit balance to the applicant. Section 28. Severability: 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 New Text Underlined' [DELETED TEXT BRACKETED; Ordinance No. 2528 -2011 Page 23 of 23 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 20. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. ATTEST: Carol L. Freas, City Clerk New Text Underlined [DELETED TEXT BRACKETED] Introduced: January 19, 2011 Adopted: February 2, 2011 Effective: March 2, 2011 \Zit' S To: Rick Koch, City Manager t /From: Terry Eubank, Finance Director Date: January 13, 2011 Re: Ordinance 2528 -2011 Village with a Past, Ci y with a Future' FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 FAX: 907 283 -3014 At its November 4, 2010 work session the Council approved the administration's plan standardize the administration and amendment to City fees. Ordinance 2528 -2011 is the first step in this process and removes from KMC references to specific dollar amounts for City fees and charges. Upon adoption fees will be listed in a single City fee schedule and allow for amending fees via resolution. The appendices of KMC must also be amended to remove specific dollar references to complete the project. The administration continues to work with the City Attorney to introduce resolution(s) at the February 2, 2011 Council Meeting that will amend the appendices of KMC and complete the removal of specific dollar references of fees from KMC. The completed City of Kenai Fee Schedule will be presented via resolution for adoption at the March 2, 2011 Council Meeting. Proposed changes for credit card acceptance, animal control fee increases, and other minor changes will also be proposed with the adoption on March 2, 2011.