HomeMy WebLinkAboutNon-CodeOrd2013-012 Sponsored by: Hunt
Introduction Date: August 12, 2013
j Public Hearing Date: August 26, 2013
Enactment Date: August 26, 2013
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2013 -012
A NON -CODE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE COMPLETION OF THE TAX
FORECLOSURE PROCESS AND THE DISPOSAL OF THE PROPERTY
DESCRIBED AS THE WEST % OF LOTS 19 AND 20, BLOCK 30,
ORIGINAL TOWNSITE OF SEWARD; WITH TAX PARCEL ID NUMBER
OF 14813010, LOCATED AT 408 MADISON
WHEREAS, the Kenai Peninsula Borough has initiated foreclosure on the property with tax
parcel number 14813010 and a legal description of the West V2 of Lots 19 and 20, Block 30, Original
Townsite of Seward for delinquent property taxes and notified the City of Seward of this action; and
WHEREAS, the property is located on the north side of Madison Street between Fourth and
Fifth Avenues; and
WHEREAS, this property is vacant and has become derelict, a public safety hazard, and
extremely unsightly. Over the past few years numerous complaints have been received by the
Community Development office. The parcel owner, Darwin E Wood, passed away in January 2010
leaving no heirs willing to take ownership and /or responsibility of the parcel; and
WHEREAS, this parcel is a 50 foot x 60 foot legal non - conforming undevelopable parcel;
and
WHEREAS, the adjacent property owner has expressed an interest in acquiring the parcel by
providing the full demolition, removal and clean -up needed to restore the parcel; and
WHEREAS, it is in the best interest of the city to obtain title from the Kenai Peninsula
Borough and transfer ownership to the adjacent property owner for cleanup and property restoration,
thereby placing it back on the tax rolls and resolving the life safety concerns for the public; and
WHEREAS, the City of Seward has no public purpose for the real property, and on July 16,
2013 the Planning and Zoning Commission approved Resolution 2013 -13 recommending the City
Council declare the real property to be surplus and eligible for disposal by sole source negotiations.
it
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2013 -012
Page 2 of 2 j
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
HEREBY ORDAINS that:
Section 1. This is a Non -Code Ordinance.
Section 2. The City Manager and City Attorney are hereby authorized to complete the tax
foreclosure process needed to obtain the Clerk's Deed for the parcel with the legal description of the
West 1 /2 of Lots 19 and 20, Block 30, Original Townsite of Seward.
Section 3. The City of Seward has no public purpose for West IA of Lots 19 and 20, Block
30, Original Townsite of Seward and declares the property surplus and available for disposal.
Section 4. The City Manager and City Attorney are hereby authorized to negotiate and enter
into an agreement whereby the city will transfer the West 1 /2 of Lots 19 and 20, Block 30, Original
Townsite of Seward to the adjacent property owner by sole source negotiations. The agreement will
be subject to approval of the City Council following a public hearing.
Section 5. The recitals stated above are hereby adopted as findings of the City Council. For
these reasons, the City Council authorizes the transfer of the property as is, where is, with no
warranties, and for less than fair market value.
Section 6. This ordinance shall take effect ten days following its enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 26`" day of August, 2013.
THE CITY OF SEW RD, A SKA
David Seawa , ayor
AYES: Valdatta, Bardarson, Keil, Shafer, Terry, Seaward �
NOES: None
ABSENT: Casagranda
ABSTAIN: None
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Brenda J. B. •u s
Acting City Clerk • (CitSL •
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Agenda Statement
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Meeting Date: August 12, 2013 ,e4t1
To: City Council ''4
Through: City Manager, Jim Hunt
Assistant City Manager, Ron Long
From: Donna Glenz, Planner
Agenda Item: Authorizing the completion of the tax foreclosure process and
disposal of the parcel legally known as the West 1 /2 of Lots 19 and 20,
Block 30, Original Townsite of Seward, located at 408 Madison
Street
BACKGROUND & JUSTIFICATION:
Attached for the City Council's review and adoption is Non -Code Ordinance 2013 - authorizing
the completion of the Kenai Peninsula Borough (KPB) Tax Foreclosure process on tax parcel
14813010, with the legal description of the West '/2 of Lots 19 and 20, Block 30, Original Townsite
of Seward, located at 408 Madison, for delinquent property taxes. Alaska State Statue declares all
unredeemed property inside the City Limits is deeded to the City subject to the payment of the
unpaid taxes and foreclosure costs against the property. The City was noticed of the tax foreclosure
on the above property and now needs to declare the intent of the property. This determination is
required by AS 29.45.460.
This property has become derelict, a public safety hazard as well as extremely unsightly and over the
past few years numerous complaints have been received by the Community Development office.
However the parcel owner passed away in January 2010 leaving no heirs willing to take ownership
and responsibility of the parcel. On June 3, 2013 the City Building Inspector and Fire Chief
conducted a physical inspection of the parcel and structure finding it dangerous to human life and the
public welfare.
This property is a legal non - conforming 3,000 square foot parcel, 50 X 60 feet. The parcel does not
meet the minimum zoning code requirement for buildable lot size of 6,000 square feet
(SCC §15.10.220 Development Requirements & SSC §15.10.220, note 2, B) or the buildable 3,000
square foot originally platted lot requirement (SSC§ 15.10.220, note 2, D); therefore the lot is
undevelopable.
The only adjacent property owner has expressed an interest in acquiring the parcel by providing the
full demolition, removal and clean-up needed to restore the parcel. It is in the best interest of the
City to obtain title from the KPB and transfer ownership to the adjacent property owner for cleanup
and property restoration; thereby placing it back on the tax rolls.
The City of Seward has no public purpose for the real property and City staff and the Planning and
Zoning Commission recommend the City Council declare the real property to be surplus and eligible
for disposal.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (2020):
1. 3.9.2.1 Encourage citizens, as well as the City to take an active role in X
beautiing . the community." (page 30)
2 Strategic Plan (1998): X
"Promote a safe community" (page 18)
3 Seward City Code: X
Numerous sections of title 9, Health and Safety support this action:
Municipal Lands Management Plan:
4' Tax /Lien Foreclosure: (page 3) X
FISCAL NOTE:
The City of Seward is required to pay the delinquent taxes to obtain title. Additional costs may
include administrative costs and attorney fees. All incurred costs, interest, and penalties are expected
to be recovered in the transfer of the property.
Approved by Finance Department 66,,,s,-3 41.4
INTENT:
The completion of the tax foreclosure process and the negotiation of a sole source transfer of the
property described as the West '/2 of Lots 19 and 20, Block 30, Original Townsite of Seward.
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
August 12, 2013: Council introduce Ordinance 2013 -O(, - authorizing the completion of
the tax foreclosure process and the negotiation of a transfer of the property described as Lots 19 and
20, Block 30, Original Townsite of Seward.
August 26, 2013 Council enacts Non -Code Ordinance 2013 — 01 '2,-