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HomeMy WebLinkAbout11202018 Planning & Zoning Work Session Packet Seward Planning and Zoning Commission Work Session Topic: Discuss possible localized code compliance officer position November 20, 2018 Contents: Code Enforcement is Vital to Community Development .1 City of Seward Code"Abatement" . 10 City of Soldotna Code Chapter 1.08 "Enforcement" 14 Code Enforcement Is Vital to Community Development "Code" means a particular part of the law in the U.S., so code enforcement occurs when cities and towns enforce their local laws. When used in the context of community development, the term pertains to property upkeep and standards for new construction. Aggressive but sensible approaches to bringing property owners into compliance with the law can be an important part of maintaining the appearance, functioning, and property values of a neighborhood. Typically codes other than construction codes deal with the exterior maintenance of structures, overgrown vegetation, outdoor storage, provisions specifically pertinent to fire safety and to health in commercial establishments, and such. A zoning ordinance may be considered a type of code as well, but we have devoted a separate section of this site to that complex subject. In addition to this introductory article, this section includes three specialized discussions shown below. Use the site search box if unsure. This article continues after the grid; keep reading if you do not understand how codes work in general. Topics In This Section: Building Code Property Maintenance Code Existing Building Code Just to be clear, the aim of code enforcement should be compliance, not punishment. Reasons for lack of compliance include not only defiance and carelessness, but also lack of knowledge about how to remedy the problem and inability to afford the needed repairs. A good municipal or county code enforcement program should be rounded out to provide information about resources for finding good advice and for obtaining financial assistance if needed. In other words, policies and programs, as well as finding and prosecuting violations of the law, are encompassed in quality code enforcement. https://www.useful-community-development.org/code-enforcement.html 1/22 We also should mention that some entire states have adopted a housing code, building code, or other law similar to what we describe in this section. In this case, individual municipalities aren't tasked with passing their own ordinance, but state law not only adopts the codes but also describes how enforcement proceeds. We will focus on the local level on this site, but we did want to refer to that possibility. Value of Codes to a Neighborhood Older neighborhoods especially need to rely on code enforcement to make sure that buildings are maintained sufficiently to keep up property values and also to keep pace with new technologies and safety research. While property owners often think that the way they take care of their property is their own business, the major impact that neighboring properties have on one another's value and enjoyment means that building maintenance and safety becomes the business of everyone in the neighborhood. When you hear someone loosely talking about code violations and why the city isn't enforcing the codes, the first question to ask yourself as a neighborhood leader is whether your town actually has adopted by ordinance a code that would cover the offending situation. If so, you might have a clear path toward making property owners accountable for maintaining their buildings (both the main building and any garages, storage sheds, and such). You also may have a way to deal with some ugly or inappropriate things people keep outdoors. But if your neighbor leaves their old sofa on the porch, and you don't like it, that doesn't necessarily mean it is a code violation. Your particular code would have to speak directly to the situation. Although there's a bit of personal judgment on the part of the inspector involved, it doesn't stretch far. Codes do not necessarily address everything that you might find offensive aesthetically. I hope you can appreciate that what you may think is an "old sofa" might be considered a quirky porch chair by your neighbor. In the end, your local codes won't address anything and everything you might find ugly, but they certainly help maintain a basic standard. Types of Codes The building code feels different from the others discussed in this section, in that it deals with the integrity of a structure from the beginning of construction. However, we included that subject in this topic area because the origins and administrative principles are the same, even though typically a neighborhood isn't https://www.useful-community-development.org/code-enforcement.html 2/22 depending on the building code to resolve community appearance and neatness issues. Note that separate plumbing, electrical, and mechanical codes pertaining largely to heating and cooling often are enacted, and in many communities all of these collectively are referred to as "the building code" in common conversation. In contrast, the property maintenance code, if you have one, and the existing building code do deal directly with aesthetics and cleanliness, and thus the neighborhood impact, of buildings. Those are the topics most commonly associated with code enforcement. We should note that the latter two codes fall under an umbrella term sometimes used by governments, inspectors, activists, and property owners, who may speak of"the housing code," even when actually there are one or more separate codes that have been adopted that are relevant to housing. Even these, however, ultimately are related to safety at least as much as to neighborhood quality. Some communities have an energy conservation or other newer code. Nuisance ordinances governing outdoor storage, junk automobile storage, overgrown vegetation, and such may be standalone laws, or some provisions might be in the zoning ordinance. How Code Enforcement Usually Works If a town or county has a code, someone employed by the city government has responsibility for inspecting new construction and investigating complaints. Occasionally code enforcement is out-sourced to some consultant or sometimes nearby towns will share one officer, but that's not typical. After the enforcement officer sends a notice of violation to the property owner, usually a property owner has a short amount of time to correct the violation. If reinspection shows that the violation still exists, in the opinion of code enforcement personnel, the property owner is sent a summons to a municipal or county court. Often these hearings are somewhat informal in tone, but consist of both the code enforcement officer and the property owner having a chance to explain conditions and circumstances. The judge has punishment options at his or her disposal, generally emphasizing fines and repeated court appearances until the violation is corrected ("abated" in the jargon of the subject). Understand that the code enforcement or building inspector isn't usually a police officer. Some municipalities do use the police for those functions, but in larger towns and cities, even police spotting a code violation turn the matter over to another department that handles codes. Fire codes typically are administered and enforced by the fire department, since they tend to apply only to commercial land uses; topics related to residential fire safety are https://www.useful-community-development.org/code-enforcement.html 3/22 simply incorporated into relevant housing codes. Similarly, health codes are enforced on commercial property owners by the health department, and many health-related topics form part of the rationale for housing codes. Zoning also is separately enforced in many jurisdictions; often a compliance officer is placed in the planning department. A few progressive communities have established formal or informal systems, inside government or inside of a non-profit organization, to handle neighbor disagreements within a mediation framework. It's a splendid idea, especially for recurring feuds where neighbors simply don't get along. What If There Is No Voluntary Compliance? In theory fines, which often are imposed for each day that the violation continues, can continue indefinitely in a contest of wills between a property owner and the judge. In practice, usually the property owner will give in after a while and perform minimal maintenance or even optimal maintenance, unless he or she cannot afford to do so. Many codes provide that after a certain period of non-compliance, the city or county can perform the work and charge the property owner. If no immediate payment is forthcoming, the local government has the right to file a lien against the property. This means that when the property is sold, the government collects its money back. Unpaid fines also may result in a lien; sometimes state law even allows imprisonment due to unpaid fines. Some municipal or county codes, operating under state law, provide that if the owner does not pay for the local government's work, property ownership can be transferred to the local government. Usually this provision is confined to vacant land, however, and its actual implementation is fairly rare. Penalties may be harsher in the case of businesses or vacant land that is out of compliance. A business might lose its business license, as often fire and health violations especially are addressed to the business owner, not the property owner. Vacant land penalties may be more severe than the penalty for a comparable debris violation on a homeowner's property. Absentee out-of-state owners may present a particular problem, as the local government may not be able to even issue a summons. In those cases, voluntary compliance or a lien against the property are usually the only realistic options. Special attention to what happens in low-income neighborhoods is warranted. Remembering that compliance is the goal but that some may not be able to afford compliance, it does nothing good for the neighborhood to tote up daily fines for someone who already cannot afford to make repairs. We maintain that a quality https://www.useful-community-development.org/code-enforcement.html 4/22 program should establish some formal partnerships either with philanthropic organizations or financial institutions that will make low-cost loans. Sometimes governments even make forgivable loans to those who hold the property for a given number of years, if the state constitution permits. The municipality does not benefit if it forces property turnover in a neighborhood where demand is low. Obviously positive owner reaction is more likely where property values are high, so the slow market city will have to be particularly careful to offer a well-rounded program that offers resources as well as the prospect of punishment. A program for educating homeowners on their code responsibilities will prevent some of the most emotional conflict situations and help neighbors inclined to complain to weigh their options carefully. In any case, resident understanding of the available codes and how they are applied and enforced is important in maintaining good relationships between government and resident. Systematic Versus Complaint-Based Code Enforcement Most towns and cities practice only complaint-based code enforcement, largely for cost reasons. The opposite approach, called systematic code enforcement, most typically is employed when a local community determines that a particular area needs a concentrated maintenance effort to remain vital. We discuss this tool in more detail below. The opposite of a complaint-based system is often called a systematic or methodical program. Note that a building code is methodical because inspections during new construction occur when certain items are complete and prior to their being enclosed by future phases of construction. In some cases the block by block "systematic" program of enforcing nuisance laws, or property maintenance codes, is important. If your neighborhood is in trouble, and you feel that property owners can afford to keep up their properties, but they aren't doing so, this is when the systematic, house-by-house program could prevent the neighborhood from moving into total decline. The technique sometimes is called a windshield survey. This means that a code inspector or consultant drives through the neighborhood and peers through the windshield to identify apparent violations of the existing housing code or property maintenance code. They also note weeds, grass that is taller than allowed by code, fences that are falling down, abandoned unlicensed cars, animals that are not permitted under the ordinance, or other and any other potential nuisance that is spelled out in the code. https://www.useful-community-development.org/code-enforcement.html 5/22 Reasons for systematic code enforcement could be: 1. A relatively large number of complaints in a particular geographic area are received. 2. A jurisdiction receives many complaints about aesthetics, as opposed to structural defects such as a porch that's falling off the house. Cosmetic complaints might be about peeling paint, derelict cars, high weeds, or piles of junk left strewn about the lawn randomly. 3. A neighborhood has a high percentage of rental property or a small sub-area that doesn't measure up to the standards of other community folks. 4. The potential still exists for a viable neighborhood if relatively superficial problems are remedied, or if landlords can be forced to reinvest in their properties to the extent that the community demands. Tips for Neighborhoods Dealing with Nuisances • Whether your enforcement is systematic or complaint-based, watch your manners with code inspectors. Surprise, surprise, you'll get more done if you're nice to them! • Nevertheless, persist, persist if you have a situation in your neighborhood that is not being resolved. But before you repeat your complaint, ask questions about whether the property owner actually was cited, any communications received from the property owner, any summons to court and the disposition of the matter in court, so that you will not be complaining again if the property owner was sent to court and given a grace period for compliance or found by the judge not to be in violation. • A major issue in some places is that the municipal judges may not be very sympathetic with the neighborhood. If you're the person complaining, it's not always fair to blame the inspector; sometimes it's the judge who lets the property owner off with a wink. To deal with this situation, you will need to provide plenty of documentation to your mayor and city council, who usually will be reluctant to interfere with their judge. • If you feel that your code enforcement officers are biased against your neighborhood or feel it is futile to write up violations in your neighborhood since people cannot afford to comply, be especially careful not to complain about situations that annoy you but that are not actually in violation of the code. All cities, towns, and counties with codes should have an inspection copy of that code available for you to read; neighborhoods could divide up the work of reading different parts of the codes and noting provisions most likely to apply to them. • If you get a reputation with the code official of being a pest, you won't have the attention you deserve when a genuinely obnoxious situation presents itself. https://www.useful-community-development.org/code-enforcement.html 6/22 • Especially if you're a neighborhood association, and you provide excellent information about potential code violations, this builds good will that your neighborhood will want. • If you want to complain anonymously, most places allow that. However, be sure to give enough detail and a correct address. You think this is really a silly thing for me to say, but I assure you that many folks call and just think the city knows about the yellow house on the corner. Since figuring out what that means gets a little frustrating for the code enforcement officer, don't expect results any time soon if you leave vague information. • If you're in a smaller town that hasn't enacted any codes, you can become an educator of your local city council or whatever it is called in your location. Explain that someone else actually writes these standard codes and they only pass a simple ordinance to adopt the code, adding in any exceptions or changes that they want. Your town doesn't have to write codes by themselves or hire a consultant to do it. • When code enforcement fails to address a problem, and that will happen, your neighborhood or community organization should meet face-to-face with the property owners themselves. If this happens frequently, appoint a committee that can figure out the right approach to property owners in your locale. Opposition to Code Enforcement Many people resist the very idea of code enforcement, especially those whose lifestyle often makes them a target. Folks with a strong libertarian bent, artists, and eccentric people of all stripes will argue against the entire idea or a particular application of the law. We've had a couple of interesting exchanges with our site visitors about the limits of code enforcement and avoiding code violations. In some areas, usually upscale suburbs, code enforcement employees become unreasonably aggressive in response to pressure from elected officials who hear from vocal complainers. If your neighborhood association thinks the enforcement program is too intolerant, one or two of you should meet with elected officials about the delicate balance between too much enforcement and not enough. Wise use of standard international codes, typically developed and led by the International Code Council right now, can improve both the appearance and the longevity of the community's buildings. It can improve property owners' return on investment and preserve your reputation as a fine neighborhood or town in which to live. The benefits of adopting and enforcing good codes far outweigh the infringement on unfettered personal liberty. Indeed even the target of the enforcement action benefits through increased property value. https://www.useful-community-development.org/code-enforcement.html 7/22 Steps to Good Enforcement Leaders should consider three primary steps to good code enforcement within their community: 1. Start at the plan 2. Make sure you have "good" code 3. Establish an enforcement program Start at the plan Starting at the plan means evaluating the guidance and direction your general plan provides. Does your general plan accurately represent your community's long-term goals? Does the zoning map accurately represent the zones within the community? Ensuring the general plan is an accurate, adequate representation of community goals and vision will guarantee that the code is enforced with an end in mind. Make sure you have "good" code Codes need to comply with state laws and should be a representation of the goals and vision laid out in the general plan. The code should expand on goals found in general plan and get into the "nitty-gritty" details of the town. To prevent codes from becoming irrelevant and unmanageable, remember that codes should support the general plan. If a particular code does not, it might need to be reevaluated. Small towns should consider simplifying their code as well—if no one within the community can actually understand or interpret the code, it's a pretty good indicator that there is an opportunity for simplification. Establish an enforcement (or compliance) program The final step is establishing an effective enforcement program. An enforcement program is the community's plan for bringing community members into compliance through incentives and/or punishments. A good enforcement program clearly establishes how the community will identify code violations and bring about compliance. An effective enforcement program educates and prepares residents for enforcement, and should encourage their participation. This program should also be viewed through the"general plan lens." i.e. Local leaders should ask how the enforcement program matches the character of the community as laid out in the general plan and should focus the program on the codes most pertinent to community goals. There are a multitude of questions communities will face and have to answer as they set up enforcement programs. These questions have to be answered at the community level, taking into account unique local factors. Communities that have not been enforcing code can use the recommendations below as guideposts to establish an enforcement program tailored to their specific needs. 8/22 Capacity Capacity is always difficult for small towns. Everyone who works (or volunteer as leaders) for small towns wear multiple hats. Determining who will actually implement the enforcement program is as important as the actual enforcement measures. Leaders should get creative as they consider who can participate in the enforcement program and what unique assets each person brings to the enforcement and compliance effort. Frequency Enforcement should be conducted when there are violations (whether identified by citizens or community officials). Citizens don't always know what constitutes a violation or don't want to report their neighbor's violations, and city officials rarely know everything that occurs in their community. For these reasons, community inspections help to inform enforcement needs, and are an essential element to actually bringing the entire community into compliance. Consistency is the most important aspect of enforcement over time. Available personnel and capital and the severity of code violations within a community are key considerations for developing an enforcement timeline. Based on these factors, communities can create a compliance plan that incorporates specific enforcement strategies such as who will carry out these strategies and how frequently enforcement patrols or surveys will take place. Ensure your city has the manpower and 9/22 CITY OF Seward Code "Abatement" 9.20.035 - Summary abatement. The abatement official may abate any public nuisance without notice in an emergency where the public safety, comfort or repose is seriously annoyed, injured or endangered to the point where immediate action is necessary and notice cannot be timely given. All other abatement proceedings, except the necessity and the manner and method of giving notice shall apply to the nuisance summarily abated, including the recovery of the costs of the summary abatement. (Ord. 379. 1971) 9.20.040-Commencement of proceedings. Whenever the abatement official has inspected any activity, condition or property and has found and determined that such activity, condition or property constitutes a public nuisance, he shall commence proceedings to have the public nuisance abated by rehabilitation, demolition, repair or other appropriate action. The procedures set forth herein shall not in any manner, however, limit or restrict the city from enforcing city ordinances or abating public nuisances in any other manner provided by law, or by the common law. (Ord. 379, 1971) 9.20.045 - Notice and order of abatement—issuance; contents; service. (a) Issuance; contents. The abatement official shall issue a notice and order direct to (1) the record owners of the affected property, or (2) the person committing, creating or maintaining the public nuisance. The notice and order shall contain: (1) The street address and legal description sufficient for identification of the affected property; (2) The statement that the abatement official has found the property affected with a public nuisance with a brief and concise description of the public nuisance as defined in this chapter; (3) A statement of the action required to be taken as determined by the abatement official to abate the public nuisance by rehabilitation, repair, demolition or other action sufficient to cause the nuisance to be wholly abated; (4) A statement advising that if any required abatement is not commenced or completed within the time specified the abatement official may proceed to cause the necessary work to be done and charge the cost thereof against the property or its owner; (5) Statements advising: a That any person having record title or legal interests in the property may appeal from the notice and order of any action of the abatement official to the city council by filing with the city manager within 15 days (unless such abatement will materially effect a building or structure permanently attached to real property, in which case 30 days shall be allowed) from the date of service of such notice and order an appeal in writing in accordance with the appeal procedure as provided in section 9.20.065; and b Failure to appeal will constitute a waiver of all right to administrative hearing and determination of the order. (b) Service of notice and order. The notice and order and any amended or supplemental notice and order shall be served upon the record owner and posted on the property affected by the public I 0/22 nuisance, and one copy thereof shall be served on each of the following if known to the abatement official or disclosed from official public records: (1) The holder of any mortgage or deed of trust or other lien or encumbrance of record; (2) The owner or holder of any lease of record; (3) The owner of any other estate or legal interest of record in or to the property affected with the public nuisance. The failure of the abatement official to serve any person required to be served shall not invalidate any proceedings herein as any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter. No notice is required for abatement of a public nuisance occurring on the public streets and rights-of-way. city properties and parks or for summary abatement when permitted. (c) Method of service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by registered or certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the borough or as known to the abatement official. If no address of any such person so appears or is known to the abatement official, any copies of notice or order shall be so mailed addressed to such person, at the address of the property involved in these proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified or registered mail in the manner herein provided shall be effective on the date of mailing. (d) Proof of service. Proof of service of the notice and order shall be certified to at the time of the service by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified or registered mail shall be affixed to the copy of the notice and order retained by the abatement official. (Ord. 379. 1971; Ord. 610, 1988) 9.20.050- Notice and order of abatement—Recordation. (a) If compliance is not had with the order within the time specified therein, and no appeals are properly and timely filed, the abatement official shall have filed in the office of the recording district a certificate describing the property and certifying: (1) That the property is affected by a public nuisance; (2) That the owner has been so notified. (b) Whenever the public nuisance has been abated on a property described in the certificate, the abatement official shall file a new certificate with the office of the Seward recording district, certifying that the public nuisance has been abated. (Ord. 379, 1971) 9.20.055 - Notice and order of abatement—Posting. (a) Required. Every order of compliance shall, in addition to being served as provided in section 9.20.045(b), be posted in a conspicuous place upon the affected property. (b) Removal. No person shall remove or deface any such notice after it is posted until the required abatement has been completed. Any person violating this subsection shall be guilty of a misdemeanor. (Ord. 379, 1971; Ord. 610, 1988) 11122 9.20.060 - Means of abatement. The abatement official (and the board of appeals, if an appeal is taken) shall order the means best calculated to abate wholly the nuisance with the least costs of abatement, and demolition shall not be ordered if repair or removal may accomplish the abatement. (Ord. 379. 1971) 9.20.065 -Appeals. Any person entitled to service under section 9.20.045(b) may appeal from any notice and order or any action of the abatement official concerning abatement of a public nuisance by filing at the office of the city manager within 30 days from the date of service of such order a written appeal in the same manner and method as provided for appeals under section 501 of volume IV of the Uniform Code for the Abatement of Dangerous Buildings, 1985 edition, as amended, as adopted by reference in sections 12.05.010 and 12.05.015. The procedure for appeal and for hearing of the appeal shall be the same procedure for the conduct and hearing of appeals as provided in chapters 5 and 6 of such volume IV of the Uniform Building Code as amended or such other procedure as the city council deems advisable under the circumstances. (Ord. 379. 1971; Ord. 610, 1988; Ord. 612, § 6. 1989) 9.20.070 - Enforcement of order of abatement. (a) General. After any order of the abatement official or the city council acting as a board of appeals. shall have become final. no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order shall be guilty of a misdemeanor. (b) Failure to obey order. If, after any order of the abatement official or the city council acting as a board of appeals, has become final, any person to whom such order is directed shall fail. neglect or refuse to obey such order, the abatement official may: (1) Cause such person to be prosecuted under subsection (a) of this section; (2) Institute any appropriate action to abate such public nuisance: (3) Do both (1) and (2). (c) Failure to commence work. Whenever the required abatement is not commenced within thirty days after any final notice and order issued under this code becomes effective the abatement official may, in addition to any other remedy herein provided, cause the public nuisance to be abated with the cost of such abatement to be paid and recovered in the manner and method provided in section 9.20.090. (Ord. 379, 1971; Ord. 610, 1988) 9.20.075 - Extension of time. Upon receipt of an application from the person required to conform to the order and agreement in writing by such person that he will comply with the order if allowed additional time, the abatement official may, at his discretion, grant an extension of time within which to abate the public nuisance, if the abatement official determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. The abatement official's authority to extend time is limited to the abatement of the public nuisance and will not in any way affect or extend the time to appeal his notice and order. 12/22 (Ord. 379, 1971) 9.20.080 - Interference with city employees, contractors, etc., prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any persons who own or hold any estate or interest in the premises affected by the public nuisance which has been ordered abated, whenever such officer, employee, contractor or authorized representative of the city, person having interest or estate in the affected premises, is performing the necessary acts preliminary or incidental to such work authorized or directed pursuant to section 9.20.070. (Ord. 379, 1971; Ord. 610, 1988) 9.20.085 -Abatement procedure; costs constitute lien on property. (a) Procedure. When any abatement or a public nuisance is to be done pursuant to section 9.20.070(c) of this chapter, the abatement official shall issue his order therefor to the director of public works, and the work shall be accomplished by city personnel or by private contract under the direction of the director. (b) Costs. The costs, including incidental expenses, of abatement of such public nuisance shall be a lien against the property involved or may be made a personal obligation of the property owner, whichever the city shall determine is appropriate. (Ord. 379. 1971; Ord. 610, 1988) 9.20.090- Recovery of costs of abatement. (a) The director of public works shall keep an account of the costs, including incidental expenses. of abating each public nuisance, including each separate lot or parcel of land where the abatement is done, and shall render an itemized report in writing to city council showing the costs of abatement and manner of abatement of each public nuisance, including any salvage value relating thereto. (b) Upon the completion of the abatement work, the director shall prepare and file with the city clerk a report specifying the work done, itemizing the total cost of the work, the description of the property affected by the public nuisance and the names and addresses of the persons entitled to notice pursuant to section 9.20.045(b). Before the report is submitted to the city council, a copy of a report shall be posted for at least five days upon the affected premises, together with a notice of the time when the report shall be heard by the city council. (c) The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, overhead and inspection of the work and the cost of printing and mailing required hereunder. D. The procedure provided in sections 902 through 911 inclusive, of chapter 9 of volume IV of the Uniform Building Code of Dangerous Buildings, current edition. adopted by reference in sections 12.05.010 and 12.05.015 shall be the procedure and method for the recovery of the costs of the abatement of public nuisances as amended by this section. E. All monies recovered for the costs of abatement shall be paid into the general fund. (Ord. 379, 1971, Ord. 610, 1988) 9.20.095 - Legal remedies. The remedies provided for in this chapter shall be cumulative and in addition to other remedies or procedures provided elsewhere in this code or by common law. In addition, a public nuisance may be abated by the city in a civil action. (Ord. 379, 1971; Ord. 610, 1988) 13/22 • CITY OF SOLDOTNA Code Enforcement Chapter 1.08- ENFORCEMENT* 1.08.010- Purpose. The purpose of this section is to provide for the prompt, effective and efficient enforcement of this Code so as to carry out the policies of the municipality as they are embodied elsewhere in this Code. Enforcement under this section is intended to be cumulative with any other remedies or enforcement methods identified in this Code. (Ord. No. 2010-007, § 1, 2-10-2010) 1.08.020- Definitions. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Charging document" means a citation, notice of violation or complaint alleging a violation of this Code. "Code enforcement officer" means any person properly designated to enforce any or all provisions of this Code, including but not limited to municipal police officers, building safety officers, zoning enforcement officers, animal control officers, or other authorized representatives of the city. (Ord. No. 2010-007, § 1. 2-10-2010) 1.08.030-Violation—Penalty. A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the city is guilty of a minor offense. Except in cases where a specific punishment is expressly prescribed by any ordinance of the city, any person convicted of a minor offense under the ordinances of the city shall be punished by a fine not to exceed five hundred dollars ($500), except that an offense included on a fine schedule shall be punishable by a fine of not more than one thousand dollars ($1,000) plus any surcharge required to be imposed by AS 12.55.039. B. In addition to any other remedies or penalties that may be provided in this code or under state law, the city or an aggrieved person may institute a civil action against a person who violates an ordinance, however, only the city may impose a fine or penalty against such person. An action to enjoin a violation and for compensatory damages resulting therefrom may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation, the superior court shall grant the injunction. C. Each act of violation or day or part of a day upon which a violation occurs constitutes a separate offense. (Ord. No. 2010-007, § 1, 2-10-2010; Substitute Ord. No. 2016-021, § 2, 7-27-2016 ) 1.08.040- Procedure. A. The charge for a violation of a code provision may be brought by a peace officer, the city manager, or that city official responsible for the administration and enforcement of the code provision which 14/22 has been violated. A violation that is considered a minor offense shall be governed by the Alaska Rules of Minor Offense Procedure. B. The city shall use the Alaska Uniform Citation form, or the electronic version if authorized, to provide notice to anyone accused of committing a minor offense under any provision of this Code. (Ord. No. 2010-007, § 1, 2-10-2010; Substitute Ord. No. 2016-021, § 3, 7-27-2016) 1.08.050- Disposition of optional court appearance offenses. A. A defendant charged with a minor offense for which a bail forfeiture amount has been established by Supreme Court order or for which a scheduled fine amount has been established by statute or city ordinance must within 30 days after the citation was issued: 1. Appear for arraignment at the time and place indicated on the citation; or 2. Enter a plea of not guilty and request trial by mailing or delivering a signed plea as directed on the citation; or 3. Enter a plea of no contest and submit payment of the citation, plus any surcharge established by statute, as directed on the citation; or 4. Provide proof of compliance to a law enforcement agency if a statute, regulation, or ordinance permits dismissal of the citation upon a showing of compliance, except that proof of compliance also may be made to the court for violation of AS 28.15.131 (failure to carry or exhibit license) or AS 28.22.019 (proof of insurance). The court shall dismiss the citation upon notification from the agency or proof of compliance. B. A defendant who mails or delivers an unsigned copy of the citation with the defendant's payment will be deemed to have entered a plea of no contest unless the defendant designates otherwise. (Ord. No. 2010-007, § 1, 2-10-2010; Substitute Ord. No. 2016-021, $ 3, 7-27-2016) 1.08.060- Disposition of mandatory court appearance offenses. A defendant charged with a minor offense for which a court appearance is declared mandatory on the citation, or for which no bail forfeiture amount has been established by Supreme Court order and for which no scheduled fine amount has been established by statute or city ordinance must: A. Appear for arraignment at the time and place indicated on the citation or summons. Arraignment must be conducted in accordance with Criminal Rule 5(c), to the extent applicable to Minor Offenses; or B. provide proof of compliance to a law enforcement agency if a statute, regulation, or ordinance permits dismissal of the citation upon a showing of compliance. The court or municipality shall dismiss the citation upon notification from the agency. (Ord. No. 2010-007, § 1, 2-10-2010; Substitute Ord. No. 2016-021, § 3, 7-27-2016 ) 1.08.070-Ordinances affecting minor offenses sent to city attorney. Immediately after the city council enacts a code ordinance affecting, creating, or eliminating a minor offense, the city attorney or city clerk shall submit any necessary updates to the Alaska Court System for inclusion in the Uniform Minor Offense Table. Submissions by the city clerk shall be copied to the city attorney. 1 5/22 (Ord. No. 2010-007, § 1, 2-10-2010; Substitute Ord. No. 2016-021, § 3, 7-27-2016 ; Ord. No. 2018- 012, § 1, 4-11-2018 ) 1.08.080- Minor offense fine schedule. In accordance with AS 29.25.070(a), citations for the following offenses may be disposed of as provided in AS 12.25.195-.230, without a court appearance, upon payment of the fine amounts listed below, or if no fine is listed below, a fine not to exceed $500, plus the state surcharge required by AS 12.55.039 and AS 29.25.074. Fines must be paid to the court. The Alaska Court System's Rules of Minor Offense Procedure apply to all offenses listed below. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine schedule amount listed below for that offense. Citations charging these offenses must meet the requirements of the Rules of Minor Offense Procedure. The fine amounts listed below are doubled for motor vehicle or traffic offenses committed in a highway work zone or traffic safety corridor, as those terms are defined in AS 28.90.990 and 13 AAC 40.010(b). An offense listed in this schedule may not be disposed of without court appearance if the offense is in connection with a motor vehicle accident that results in the death of a person. The fines set forth below may not be judicially reduced. Soldotna Municipal Offense Fine Code Reference Chapter 6.04- Animal Control 6.04.020 A. Failure to license dog $50.00 6.04.030 C. Failure to display license $25.00 6.04.060 A. Vicious dogs $100.00 6.04.070 A. Animals at large: $50.00 6.04.070 B. Releasing animal belonging to another $50.00 6.04.070 C. Abandonment of animal $50.00 Allowing animal or bird to disturb neighborhood by prolonged barking or other 6.04.080 A. $50.00 noises Allowing animal or bird to dig upon or injure public property or the property of 6.04.080 B. $50.00 another 6.04.080. C Failure to clean up after animal $50.00 16/22 6.04.080 D. Allowing animal to habitually menace, injure or frighten persons within the city $50.00 6.04.080 F. Wolf hybrids prohibited $50.00 6.04.090 Other annoyances prohibited $100.00 6.04.100 Biting animals; rabies control $100.00 6.04.100 F. Unlawful killing or removal of rabid or suspected rabid animal $50.00 6.04.110 A. Immunization for Rabies $100.00 6.04.110 B.1 Failure to report bite -owner $50.00 6.04110 B.2 Failure to report bite-victim $50.00 6.04.140 A. Interference with officers: Investigations $100.00 6.04.180 A. Unlawful depositing of dead animals $100.00 6.04.180 B. Failure to properly dispose of dead animal $100.00 6.04.180 C. Transport of uncovered dead animal $100.00 6.04.190 A. Commercial Kennel Licenses; Requirements $100.00 Chapter 8.06- Disposible Plastic Shopping Bags 8.06.030 Distribution of single use, plastic disposable shopping bags $300.00 Chapter 8.20- Regulation of Smoking in Eating Establishments 8.20.040 A. Sign Posting Required $100.00 8.20.060 A. Smoking violation -operating establishment 8.20.060 B. Smoking violation-smoking where unlawful 8.20.060 C.1 1 Any smoking violation- First violation within a twenty-four month period $100.00 17/22 8.20.060 C.2 I Any smoking violation -Second violation within a twenty four month period $200.00 Any smoking violation -Third or additional violation within a twenty-four 8.20.060 C.3 $500.00 month period Chapter 8.30- Marijuana Regulation 8.30.040 Marijuana use in public fsioo.00 8.30.050 Marijuana use in or on motor vehicles $300.00 8.30.060 Allowing prohibited marijuana use I$500.00 Chapter 9.04- Public Nuisance 9.04.020 A. Public Nuisances Prohibited $500.00 9.04.030 A. Garbage,junk and rubbish—disposal and storage $150.00 9.04.030 B. Garbage cans, packing boxes and other material storage $150.00 9.04.030 C. Failure to secure and contain garbage $50.00 9.04.040 Transportation—Dumping $150.00 I _ 9.04.050 Unsightly Premises $150.00 i II Chapter 9.05-discharge of firearms 9.05.020 Discharge of firearms prohibited I$300.00 Chapter 9.10-Adult Businesses 9.10.010 C.1 Adult business violation-temporary or portable structure 1$300.00 { 9.10.010 C.2 Adult business violation -failure to enclose dumpsters $300.00 9.10.010 C.3 Adult business violation-windows open or uncovered $300.00 9.10.010 C.4 Adult business violation -failure to screen interior at entry/exits $300.00 18/22 9.10.010 C.5 Adult business violation -failure to properly light exterior grounds $300.00 9.10.010 C.6 Adult business violation-violation of sign code $300.00 9.10.010 C.7 Adult business violation -failure to provide notice against entry by minors $300.00 Adult business violation-permitting unlawful viewing from outside the i 9.10.010 C.8 $300.00 building 9.10.010 C.10 Adult business violation-operating hours violation $300.00 9.10.010 C.11 Adult business violation- broadcasting amplified sound outside building $300.00 9.10.010 C.12 Adult business violation -unlawful gratuity violation $300.00 9.10.010 C.13 Adult business violation -sexual conduct violation $300.00 9.10.010 C.14 Adult business violation-failure to provide separate dressing room $300.00 9.10.010 C.15 Adult business violation -failure to provide separate entrance/exit $300.00 Adult business violation-failure to provide lawful access between stage and 9.10.010 C.16 $300.00 dressing rooms 9.10.010 C.17 Adult business violation-failure to maintain open access to public areas $300.00 Chapter 9.20- Miscellaneous Minor Offenses 9.20.020 B. Theft of property/services less than $250.00 $250.00 9.20.030 A. Concealment of merchandise less than$250.00 $250.00 9.20.040 A. Mischief-tampering with property of another $250.00 Mischief-intentional damage of property of another in amount less than 9.20.040 B. $250.00 $250.00 9.20.050 A. Trespass-premises $250.00 9.20.050 B. Trespass-propelled vehicle $250.00 19/22 i9.20.060 Disorderly conduct as a minor offense $250.00 1 9.20.070 Harassment as a minor offense $250.00 9.20.080 Access to drunken person to licensed premises $250.00 Chapter 12.28-Public Parks 12.28.020 A. 1 Disfiguring or removing park property $100.00 12.28.020 B.1- Restroom and washroom violation $100.00 12.28.020 C. i Removal of natural resources $100.00 1 1 12.28.020 D. Unlawful erection of structure or utilities $100.00 12.28.030 A. Injury to park vegetation $100.00 12.28.030 B. Climbing upon trees or monuments $50.00 12.28.040 A. Injury to animals prohibited '$100.00 12.28.040 B. Feeding noxious substances to animals $100.00 12.28.060 Littering prohibited $50.00 12.28.100 Speeding within campgrounds $100.00 12.28.110 A. Operating vehicle beyond established boundaries $100.00 12.28.110 B. Operating vehicle on other than designated road or parking area $100.00 12.28.130 A. Parking outside designated area $25.00 12.28.130 B. Full parking in road $25.00 12.28.130 C. Failure to notify of breakdown $25.00 12.28.130 D. Double parking 1 $25.00 20/22 12.28.130 E. Muffler violation ' $25.00 12.28.130 F. Trailer ailer parking within Centennial day use area $25.00 12.28.140 A. Bicycle use on other than designated road or path $50.00 12.28.140 B. Failure to observe road rules or regard for others'safety $50.00 12.28.140 C. Immobile bike violation $25.00 - 12.28.170 C. Fishing within the Centennial Boat Launch lagoon Prohibited $100.00 12.28.200 C. Parkingviolations ons in campground $50.00 12.28.200 D. Overnight camping violation $50.00 12.28.200 E. Boat trailer parking violation $50.00 12.28.200 F. Boat mooring violation $50.00 1 12.28.200 G. Unlicensed ATV use in campground $50.00 12.28.200 I Fire unattended $100.00 12.28.210 A. Use or discharge a weapon or similar devise in or into parks $100.00 12.28.210 A. Use or possession of fireworks in park $100.00 12.28.230 Failure to obey burning restrictions $100.00 12.28.240 A. Failure to obey restricted areas .�� $50.00 12.28.240 B. Non-disabled persons fishing in designated disabled fishing areas prohibited l$100.00 i 12.28.250 [ Loitering, boisterousness and disorderly conduct prohibited i' $50.00 12.28.260 J Failure to obey noise control $50.00 12.28.310 I Camping and shelter permit required I` $50.00 21/22 12.28.370 D. Failure to pay fees for use of park and campground facilities $50.00 Chapter 15.08-Sign Code 15.08.040 G.2. Failure to obtain a temporary sign permit $75.00 15.08.040 G.3. Violation of general standards for temporary signs $50.00 15.08.040 I. Violation of general standards for sandwich board signs $50.00 Chapter 17.10-Zoning Code 17.10.295 D Failure to obtain a permit $500.00 17.10.295 E Violation of general standards $500.00 17.10.295 G Prohibited Use $500.00 17.10.380 C. Operating a mobile vending unit in an unauthorized location $50.00 17.10.380 H.1. Operating a mobile vending unit without a permit $75.00 17.10.380 H.2. Violating general standards for mobile vending units $75.00 17.10.380 H.3 Illegal temporary vending 75.00 (Ord. No. 2010-007, § 1, 2-10-2010; Ord. No. 2010-023, § 2, 6-23-2010; Ord. No. 2011-004, § 1, 2-16-2011; Ord. No. 2012-002, § 2, 2-22-2012; Ord. No. 2013-031, § 2, 2-26-2014; Substitute Ord. No. 2016-021, § 3, 7-27-2016; Ord. No. 2017-008, § 1, 4-12-2017 ; Ord. No. 2017-14, §2, 5-24- 2017 ; Ord. No. 2017-031, § 5, 11-8-2017; Ord. No. 2018-004, § 8, 2-14-2018 ; Ord. No. 2018-005, § 7, 2-14-2018 ; Ord. No. 2018-013, § 2, 4-11-2018; Ord. No. 2018-029, § 2, 9-26-2018) 22/22