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HomeMy WebLinkAboutORD2023-008 Title 7 Public Property Recodification Sponsored by: City Clerk Introduction: March 28, 2023 Public Hearing: April 10, 2023 Enactment: April 10, 2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEALING AND RE-ENACTING SEWARD CITY CODE TITLE 7 — PUBLIC PROPERTY FOR THE CITY OF SEWARD RECODIFICATION PROJECT WHEREAS, in May, 2020, Seward City Council approved Resolution 2020-040 to review, update, and recodify Seward City Code; and WHEREAS,the reason for performing a recodification of the city code is to align the code with the city's ordinances and Charter, and State Law and State Constitution; and WHEREAS, the preliminary recodification review was performed by the Municode attorney who was charged with uncovering any discrepancies in the language; the attorney produced a report of findings; and 111 WHEREAS, Seward's city attorney reviewed the report and provided input, and then department heads and city administration added additional input; and WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and reasonable to provide the recodification changes in smaller, more manageable portions for consideration; and WHEREAS,this ordinance is focused on Title 7—Public Property and reflects input from department heads, city manager, and city attorney. NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 7 —Public Property is hereby repealed and re-enacted to read as follows: (Changes from current code are identified as: Deletions=Bold Str-ikethyough-s: Additions=Bold Italics Underlined.) TITLE 7- PUBLIC PROPERTY Chapter 7.01. - General Provisions 7.01.010 - Sale of surplus city personal property. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 Whenever the head of any department shall make a written finding that any personal property of the city is no longer necessary for corporate or public purposes, the same may be offered for sale or donated to a nonprofit organization following approval of the written findings by the city manager. The sale shall be held in accordance with the procedure followed in the awarding of purchases, Title 6,but to the highest responsible bidder. Chapter 7.05.-Acquisition and Disposal of Real Property Article 1.-Generally 7.05.110-Adoption of provisions and statutory authority. These regulations are adopted by the City Council pursuant to authority vested in that body by the charter of the city and by the Alaska Land Act, AS 38.05.820, as amended. 7 05.112—Applicability This chapter does not apply to a disposal of real property or an interest in real property used or useful in the operation of a utility required to be approved by the electors of the city. 7.05.115-Defmitions. For purposes of this chapter,the following terms defined have the meaning provided below unless the context requires otherwise: Acquisition means to obtain ownership or interest in and to hold real property within or outside the city boundaries by purchase, gift,donation,grant, dedication, exchange,redemption,purchase or equity of redemption, operation of law, tax or lien foreclosure, adverse possession, condemnation or declaration of taking, annexation, lease or by any other lawful means of conveyances. City means the city of Seward,Alaska. Disposition means the transfer of city interest in real property by warranty or quitclaim deed, easement, grant, permit, license, deed of trust, mortgage, contract of sale of real property, plat dedication, lease, tax deed, will, or any other lawful method or mode of conveyance or grant. Encroachment means any obstruction in, or intrusion into a delineated floodway, right-of- way, easement,or public land or associated airspace. Essential terms and conditions means a description of the real property involved; the length or term of a lease; the sale, purchase or lease amount; any special deed restrictions or covenants; and any special development requirements. Fair market value means the highest price, described in terms of money, which the property would bring if exposed for sale for a reasonable time in the open market,with a seller,willing but not forced to sell, and a buyer, willing but not forced to buy, both being fully informed of all the purposes for which the property is best adapted or could be used. Real property interest means any estate in land, including tide and submerged lands, or improvements thereon. Rights-of-way, encroachments or easements wherein no warranties are made and title is not transferred are regarded as not involving the disposal of a parry's interest in CITY OF SEWARD,ALASKA ORDINANCE 2023-008 real property;thus,the execution of such documents are exempt from provisions of charter section 12.3(b) and section 7.05.110, et seq. of this chapter. Structure means any improvement, constructed or erected on or attached to the ground or another structure, including, but not limited to, awnings, refuse container racks, towers, sheds, signs and fences. Submerged lands means those lands covered by tidal waters between the line of mean low water and seaward to a distance of three geographical miles, or as may hereafter be properly claimed by the city. Tidelands means those lands which are periodically covered by tidal waters between the elevation of mean high water and mean low water or are contained within a recorded Alaska Tideland Survey. 7.05.120-Alternative means of real property acquisition or disposition. The City Council may acquire or dispose of an interest in real property by negotiation, public auction, or sealed bid. 7.05.125-Public hearing and notice. Prior to disposition or acquisition of a real property interest by negotiation,public auction or sealed bid, a public hearing shall be held.Notice of the public hearing shall be published in a newspaper of general circulation in the city and shall be posted in at least three public places within the city. Both posting and publication shall be done at least ten (10) days prior to the hearing. 7.05.130-Terms and conditions to be made available. The notice of public hearing shall indicate where the public may obtain the essential terms and conditions of the proposed acquisition or disposition. A copy of the terms and conditions shall be maintained for inspection at the office of the city clerk for at least ten(10)days prior to the hearing. 7.05.135-Authorizing resolution to approve terms and conditions. At any time after the hearing required in section 7.05.125, the council shall make a finding in an authorizing resolution that the essential terms and conditions and the method of acquisition or disposition are in the public interest. 7.05.140-Posting copy of resolution. Upon adoption of a resolution approving an acquisition or disposition, the city clerk shall cause a true copy of same to be posted for at least thirty 1301 days in at least three four public places within the city. 7.05.145-Effectiveness of resolution. Objections to a resolution approving a real property acquisition or disposition may be made at any time until the resolution becomes effective. Unless rescinded or amended, any resolution adopted under this chapter automatically becomes effective thirty r301 days after passage and posting. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 7.05.150-Appraisal. (a) The city shall not sell any real property interest without first making an appraisal of the fair market value of that interest,unless the City Council finds that the public interest will not be served by an appraisal. (b) If an appraisal is made, the property interest shall not be disposed of for less than the appraised fair market value, unless the City Council finds by resolution that public interest will be served by disposing of the property interest for less than the appraised fair market value. 7.05.155-Notice of foreclosure sale. Before property obtained through a foreclosure may be sold, notice of such sale must be sent by registered or certified mail to the last known address of the record owner at the time the foreclosure action was initiated. The notice shall be mailed at least thirty.(301 days prior to the effective date of sale. It shall contain the following information: A. 0) The time and date of sale; B. (2) The manner of sale; C. (3) The place of sale; and D. (4) Notice that until the effective time of sale the record owner has the right to repurchase the property as provided by AS 29.45. 7.05.160-Adjustment to fair market value. A. (a) Except as provided in(b)fB�of this section, the rent under each lease of city property shall be adjusted on July 1, 1995, and on July 1 of every fifth year thereafter during the term of the lease, to the fair market rental value of the property as of the date of adjustment. For each leased property subject to rent adjustment under this section, the city shall obtain a fair market rental value appraisal as of the date of each rent adjustment. B. (b)Subsection(a)fALof this section shall not apply to any lease of city property: 1_(I) Authorized before the effective date of this section, except to the extent that the rent adjustment described in subsection(a)L4Lof this section has been incorporated in the terms of the lease; 2.(2)For which the Council finds that the public interest will be served by leasing the property for less than appraised value; or 3_(3)Whose terms provide for adjustment of rent to fair market value more frequently than every five years. C. (e)Nothing in this section extends the term of any lease of city property. Article 2. -Disposition of Real Property by Public Auction or Sealed Bid 7.05.210-Terms and conditions of sale. A. (a)The resolution authorizing the sale of real property by public auction or sealed bid shall set forth the terms and conditions of the public sale. The Council shall reserve the right to reject any and all bids received. The resolution shall provide if the sale is for cash, or cash deposit CITY OF SEWARD,ALASKA ORDINANCE 2023-008 and a purchase agreement. If the sale is for a cash deposit and a purchase agreement,the city manager shall prescribe the form of the purchase agreement. B. (b) The city manager shall designate the individual who shall conduct the sale, and such designee shall give the bidder a receipt for all moneys received by the city. A purchaser at a public sale by auction or sealed bid who fails to make such other cash payments within the time required by the authorizing resolution shall forfeit any cash deposit paid to the city. 7.05.215-Location of sale. The public sale by auction shall take place at a location within the city limits as selected by the city manager. 7.05.220- Procedure for sale by sealed bid. All real property interests offered for public sale by sealed bid may be sold to any person submitting an offer in writing to the Council. Such offer shall be submitted in a sealed envelope marked "Real Property Bid" and must be accompanied by a check or money order made payable to the city in an amount equal to at least 20 percent (20%) of the amount bid for residential lots and ten percent of the amount bid for other parcels. 7.05.225- Selection of successful bidder(s). If there is more than one bid, at a public auction or by sealed bid, for a particular or group of lots, the lot(s) shall be sold to the highest bidder(s). The highest bidder(s) shall be the one(s) whose bid(s) represents the highest total price for the property interest(s). In the event that two or more parties submit high but identical bids, the Council may accept the bid first received, or reject all bids. 7.05.230- Resolution accepting bids. After a sale has been conducted by public auction or sealed bid,the Council,by resolution with or without public hearing, may approve all public sales of real property based on the bids received, and shall approve any purchase agreement prior to its execution by the city. The approval of any public sale by the Council authorizes the city manager to take all steps and execute all instruments to complete and close the sale. Article 3. - Short-Term Lease Negotiation 7.05.410-City manager authorized to negotiate short-term leases. Nothing in this chapter shall prevent the city manager from negotiating short-term leases of city property subject to city council approval at the next regularly scheduled city council meeting. Such leases shall not be subject to the public hearing process, shall not exceed 120 days in length, and shall contain no provisions for optional terms.The resolution approving such a lease may be signed and adopted immediately provided the lease form contains a provision stating that the lease is subject to suspension during the first 30 days after passage of the resolution if a sufficient referendary referendum petition is filed in accordance with section 4.8 of the City Charter. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 Article 4. - Encroachments, easements and rights-of-way 7.05.510-Easements and rights-of-way. A. Subject to applicable provisions of the Kenai Peninsula Borough Code,Title 20, Subdivisions, the city manager may, with regard to city land, negotiate and execute rights-of-way and easements not exceeding a term of 20 years. B. The city manager may negotiate and execute the acquisition of rights-of-way and easements necessary for a utility,public improvement or other public use except the city council shall,by resolution,approve acquisitions involving cash considerations or the exchange or real property valued in excess of$30,000.00. C. Any other rights-of-way and easements shall be granted or acquired only upon approval of the city council. D. The city manager may, at the direction of the city council convey, quitclaim, release, cancel, or otherwise relinquish any real property easement, right-of-way, permit or license the city may have or hold for the purpose of installing, constructing or maintaining a public improvement or utility,whenever the interest is no longer used or useful for that purpose. 7.05.515 -Encroachments. A. It is the city's policy not to allow new or unauthorized encroachments into any public right-of- way, land or easement. The city finds that: (i) neither the perpetuation of an existing encroachment beyond the depreciable life of the structure, nor its enlargement, expansion, improvement or extension is deemed to be in the public interest; (ii) all encroachments considered as hazardous, obstructing motorists' line of sight, impeding emergency vehicle access,or impairing snow removal, shall be removed at the earliest available opportunity; and (iii)all other encroachments shall eventually be removed over time. B. The city manager may,after determining that alternatives,including but not limited to,removal of the encroachment or vacating the right-of-way are not feasible alternatives and would not be in the public interest, and where neither public safety nor access is impaired, issue an encroachment permit for the depreciable estimated remaining useful life of the encroaching structure. 1.No permits may be issued for refuse container racks, towers, sheds, signs or fences; 2. The city may revoke the permit upon written notice of not less than twenty days nor more than six months for the construction, improvement or use by the public of public street, sidewalk, and utility projects; 3. The encroachment may not be expanded, extended, improved or enlarged; 4. Encroachment permit shall require the permittee to: a. Pay an appropriate fee as established by City Council resolution; b. Secure and maintain general liability insurance coverage based on appropriate minimum limits as determined by the city's risk manager, to protect, defend and indemnify the city during the term of the permit. The city shall be named as a certificate holder for any structure associated with a personal use single family residence; and as an additional insured party for any structure associated with an CITY OF SEWARD,ALASKA ORDINANCE 2023-008 activity involving rentals,the sale of goods or services,or any business carried out for profit; c. Maintain the property in such a manner as to protect the public safety and welfare; d. At the expiration of the agreement or permit, remove the encroachment and restore the encroachment site to the surrounding grade leaving it in a clean, safe and stable condition; e. Provide other assurances as deemed appropriate by the manager in order to protect the public interest; and f. Provide an as-built survey completed by an Alaska registered surveyor which clearly delineates all encroaching structures. 7.05.520-Recording. All easement and encroachment permits including applicable as-built surveys shall be recorded by the permittee in the Seward recording district, third judicial district, State of Alaska. Article 5. -Tidelands 7.05.610-Purpose. These regulations implement, interpret and apply the provisions of the Alaska Land Act concerning use and disposal of tide and submerged lands and related matters and extend to and include the applicable provisions of Public Law 85-303. 7.05.615-Defmitions. For purposes of this article, the following terms shall be defined as follows: Coast line means the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters. Improvements and substantial permanent improvements means buildings, wharves, piers, drydocks and other similar types of structures permanently fixed to the tidelands or contiguous submerged lands that were constructed and/or maintained by the applicant for commercial, recreation, residential, or other beneficial uses or purposes. In no event shall fill be considered a permanent improvement when placed on tidelands solely for the purposes of disposing of waste or spoils. However, fill material actually utilized for beneficial purposes by the applicant shall be considered a permanent improvement. Mean low or lower water means the tide datum plane of the average of the low tides as has been or may be established by the United States Coast and Geodetic Survey. Mean high tide means the tidal datum plane of the average of all the high tides as has been or may be established by the United States Coast and Geodetic Survey. Mean high water line shall be interpreted as the intersection of the datum plane of mean high water with the shore. Occupant means any person as defined herein, or his successor in interest, who actually occupied for any business, residential, or other beneficial purpose, tidelands, or tidelands and submerged lands contiguous thereto,within the city,on or prior to January 3, 1959,with substantial CITY OF SEWARD,ALASKA ORDINANCE 2023-008 permanent improvements. The holder of a permit of clearance in respect to interference of navigation, or of a special use permit from a government agency will not qualify as an "occupant" unless such entry on the land had, through exercise of reasonable diligence, resulted in actual occupancy and substantial permanent improvements as hereinafter mentioned. No person shall be considered an occupant by reason of having (a) placed a fish trap in a position for operation or storage upon the tide, shore, or submerged land; (b)placed a set net or piling thereof or any other device or facility for taking of fish;(c)placed pilings or dolphins for log storage or other moorage; (d)placed floats or vessels upon the tide, shore or submerged land; (e)placed telephone,power or other transmission facilities, roads, trails or other improvements not requiring exclusive use or possession of tide or contiguous submerged lands; or(f) claimed the land by virtue of some form of constructive occupancy. Where land is occupied by a person other than the owner of the improvements thereon,the owner of the improvements shall,for the purposes of this definition,be considered the occupant of such lands. Occupied and developed means the actual use, control, and occupancy, but not necessarily residence, of the tide and contiguous submerged land by the establishment thereon of substantial permanent improvements. Permit preference means the privilege of the upland owner to acquire first choice over other non-preference right claimants to a permit for like use and enjoyment of city owned tide or contiguous submerged lands abutting his property. Person means any person, firm, organization, cooperative association, partnership or other entity legally capable of owning land or an interest therein. Pierhead line means the line fixed by the Department of the Army Corps of Engineers that is parallel to the existing mean low tide line at such distance offshore from the mean low tide line that the pierhead line shall encompass, landward and no more, all stationary man-made structures (but shall not encompass any part of breakwaters,bridges, or piers used for vessel dockage which part extends beyond such a parallel line marking the seaward extremity of other man-made structures) which were in existence as of February 1, 1957,to seaward of the city. Preference right subject to the established classifications, means and includes the right of an occupant to acquire by grant, purchase, or otherwise, at the election of the occupant, except as otherwise limited or prescribed in these regulations, any tract or tracts of tidelands, or tide and submerged land contiguous thereto, occupied or developed by such occupant on and prior to January 3, 1959. Preference right, Class I means a right claimed by persons who occupied and developed tide and contiguous submerged lands seaward of the city on and prior to September 7, 1957, after executing a waiver to the city and state of all right such occupant may have had pursuant to Public Law 85-303. Upon execution of the waiver, such persons or their successors in interest have the right to acquire such occupied and developed tide and contiguous submerged lands from the city for consideration not in excess of the cost of survey, transferring and conveying of title. Preference Right, Class II means a right claimed by Class I Preference Right claimants who decline to execute a waiver to the state and city of any rights such occupants may have acquired pursuant to Public Law 85-303 (71 Stat. 623). It shall be mandatory for the city to honor the application from the occupant after the Secretary of the Army has submitted to the Secretary of CITY OF SEWARD,ALASKA ORDINANCE 2023-008 the Interior, the Governor of Alaska and the city manager, maps showing the pierhead line established by the Corps of Engineers with respect to the land claimed. Upon proof of such occupancy, such persons have the right to acquire such tidelands and contiguous submerged lands from the city for a consideration not in excess of the cost of survey, transferring and conveying title. Preference Right, Class III means a right claimed by persons who occupied and developed tidelands and contiguous submerged lands after September 7, 1957, and who continued to occupy them on January 3, 1959. Upon proof of such occupancy, such persons have the right to acquire such tidelands and contiguous submerged lands for a consideration not in excess of the cost of appraisal, survey, administering and transferring title, plus the appraised fair market value of the land claimed, exclusive of any value accruing from improvements or development, such as fill material,buildings or structures. Upland owner means that land owner whose upland property abuts the line of mean high tide. 7.05.620- Preference to upland owners. A. Should the city decide to dispose of interest in any tide or submerged land, the city shall grant to the owner of upland property adjacent to said tide and submerged land a first preference to acquire said interest over other applicants/bidders. B. The upland owner shall be notified by certified mail or by a posting of a notice for three consecutive weeks of his right to exercise his preference. C. The upland owner shall then have ninety(90i days to exercise this preference under this section. D. If the preference is not exercised by the upland owner,then the city may dispose of the tide and submerged land to others. E. It shall not be required that the city offer its tide and submerged lands for disposal should the city determine that it is not in its best interests to dispose of such land. F.The city may itself make such use of its tide and submerged lands as it may consider in the public interest without offering the tide and submerged lands to others. Chapter 7.10. - Harbor and Port Facilities Article 1. - General Provisions 7.10.110 - Short title. This chapter shall be known and cited as the Seward Harbor O e and Port Facilities. 7.10.115 - Purpose. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 The purposes of this chapter are to: (1) Maximize the safe and efficient use of the harbor; (2) Provide for the orderly management, development, and control of the harbor; (3) Protect and preserve public and private property within the harbor and the lives,health, safety, and well-being of persons who use,work, or maintain property in the harbor; (4) Prevent and discourage the use of the harbor by vessels that are derelict or a nuisance, and prevent and abate fire,health, safety, and navigation hazards; and (5) Assess reasonable fees for the use of harbor facilities. 7.10.120- Interpretation. A. Consistent interpretation and effect of invalidity. This chapter shall be construed, to the greatest extent reasonable, in such a manner as to be consistent with applicable federal and state laws and regulations and any conveyances or agreements from or with the state pertaining to the harbor. If any section of this chapter is declared invalid, the remaining sections shall not be affected. B. Application in an emergency. The provisions of this chapter shall not be construed to limit a vessel owner from taking action necessary to protect life, limb, or property in the case of an emergency. 7.10.125-Implied agreement from use of facilities. The use of the harbor or the presence of a vessel in the harbor constitutes an agreement by the owner to conform to the provisions of this chapter, the harbor tariff, and any rule, regulation, or order made pursuant thereto, and to pay all fees and charges provided by this title or the harbor tariff. 7.10.130-Accident report. Any person operating a vessel involved in an accident within the harbor resulting in the death or injury of any person, or damage to property in excess of$500.00 shall, in addition to any other notices required by law,immediately give oral notice of the accident to the harbormaster and shall, within 24 hours after the accident, file a written report with the harbormaster on such form as the harbormaster may provide. 7.10.135 -Definitions. Whenever the words, terms,phrases, and their derivations set forth in this section are used in this title,they shall have the meaning set forth in this section: Abandoned property. "Abandoned property" means personal property which is unattended and is either not registered with the harbormaster or not in a location the harbormaster has designated for its storage. Anchor. "Anchor" means to secure a vessel to the bed of a body of water by dropping an anchor or anchors or by using a buoy or other ground tackle. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 Boat harbor. "Boat harbor" means all navigable waters and all facilities of a port or maritime nature either publicly or privately owned that are primarily used by or for the service of vessels that are within the confines of the breakwaters. Business. "Business"means any profession,trade,occupation,or calling carried on for a profit or livelihood,including every kind of commercial enterprise,and including the operation of games, machines, or mechanical devices. City. "City" means the City of Seward. City Manager. "City Manager"means the City Manager for the City of Seward or the designee of the City Manager. Derelict. "Derelict"means any vessel which is or appears to be forsaken,abandoned,deserted, or cast away, or which, in the opinion of the harbormaster, is unsound, unseaworthy, or unfit for its trade or occupation. Distress. "Distress"means a state of disability or a present or obvious imminent danger which if unduly prolonged could endanger life or property. Dock. "Dock" means any pier, float, slip, wharf finger, ramp, gangway, bulkhead, dolphin, or sea wall within the harbor .or on city tidelands. Emergency. "Emergency" means a state of imminent or proximate danger to life or property in which time is of the essence. Family member. Spouse, child, or same-sex partner in an established relationship. Finance Director. "Finance Director" means the Finance Director for the City of Seward or the designee of the Finance Director. Harbor. "Harbor"means all waters,tidal areas, and adjacent upland areas owned-by-the-City and-within the rubble mound breakwater which is listed and identified in the land use plan as "harbor commercial and industrial,"together with any and all facilities of a port or maritime nature either publicly or privately owned that are primarily used by or for the service of vessels,including the port facilities located at SMIC, and all docks,pilings,hoists,parking areas,leased water areas, concessions and/or service facilities located within the area defined herein. Harbormaster. "Harbormaster" means the harbormaster for the City of Seward, the Deputy harbormaster,or any Assistant harbormaster or other person designated by the harbormaster to act in his place. Harbor tariff. "Harbor tariff' means the City of Seward Port and Harbor tariff regulations as approved by the City Council and amended from time-to-time. Land use plan. "Land use plan"means the land use plan authorized in Title 15, Chapter 15.05 of the Seward City Code as amended from time-to-time. Moor. "Moor" means to secure a vessel other than by anchoring. Moorage. "Moorage" means the process of mooring or the state of being moored and, when the context requires, the fees for such acts imposed by under title. Nuisance. "Nuisance"means a derelict vessel,a vessel which is not kept and regularly pumped free of excess water inside its hull, a vessel which is submerged, grounded, disabled, or in immediate danger of sinking, or a vessel which, in the opinion of the harbormaster, creates or constitutes a fire, health, safety, or navigation hazard. A vessel shall be presumed to constitute a nuisance if: CITY OF SEWARD,ALASKA ORDINANCE 2023-008 1. The vessel is obstructing a waterway, or is endangering life or property and has been left unattended for a continuous period of 24 hours; or 2. The vessel has been moored, anchored, or otherwise left in the harbor; and: a. The vessel's state registration number or marine document has expired and the registered owner no longer resides at the address listed in the vessel registration or marine document records of the United States Coast Guard, the State of Alaska, or the harbor; b. The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined, or the vessel identification number or other means of identification have been obliterated or removed in a manner that nullifies or precludes efforts to locate or identify the owner; c. Vessel registration records of the United States Coast Guard,the State of Alaska,or the harbor contain no record of the vessel ever having been registered or documented, and the owner's name cannot be determined; or 3. The vessel does not clear the harbor at least three 1'2 times per year. Owner. "Owner"means the registered owner of a vessel or a person authorized to act on behalf of the owner. The following persons are presumed to have authority to act on behalf of the owner of a vessel: 1. The master or operator of the vessel; 2. A person entrusted with the management of the vessel; and 3. An officer or agent appointed by: a. The owner; b. A charterer; or c. An agreed buyer in possession of the vessel. Person. "Person"means any natural person,partnership,corporation,or governmental agency. A natural person and a corporation may be considered the same if the former has control over the latter. Processed fish. "Processed fish" means fish that has been prepared to render it suitable for human consumption, industrial uses, or long-term storage including, but not limited to, fish that has been cooked, canned, smoked, salted, dried, frozen, or rendered into meal or oil, but does not include fish that has only been deheaded, gutted, or iced. Qualifying interest. "Qualifying interest" in a vessel means the interest of a person who owns the vessel or, under the provisions of a written charter or lease, has exclusive control over the operation and navigation of the vessel. A person who transfers title to a vessel or enters into a charter or lease of the vessel, and thereby relinquishes his exclusive control over the use and operation of the vessel, ceases to have a qualifying interest in the vessel. A qualifying interest in a vessel ceases with the transfer of a controlling interest in a public or privately held entity that has a qualifying interest in that vessel,regardless of official designation of title. Slip. "Slip" means a vessel's berth between two piers or floats. SMIC. "SMIC" means the Seward Marine Industrial Center. Trailer. "Trailer" means any movable cradle, structure, or device used for moving boats into or out of the water or used for the storage of boats. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 Transfer of cargo. "Transfer of cargo" means all types of loading, unloading, transfer, and containerization of any kind of cargo including, but not limited to, fish, shellfish, and other fish products. Vessel. "Vessel" means every description of watercraft including any ship,boat, skiff,barge, or craft of any kind and description, pleasure and commercial, other than seaplanes, used or designed to be used as a means of transportation on or through the water. Article 2.-Administration 7.10.210-Harbormaster. A. Appointment. The City Manager shall appoint a harbormaster. B. Duties. The harbormaster shall, under the supervision of the City Manager: 1. Administer the harbor with the powers provided by this chapter; 2. Enforce this chapter,issue and enforce regulations for the operation and use of the harbor that are not inconsistent with this chapter, and enforce the terms and conditions of the harbor tariff; 3. Promptly report to the appropriate enforcement entity the violation of any law pertaining in any way to navigable waters or port/harbor facilities including,but not limited to,laws for the protection of navigation and the preservation of navigable waters; 4. Promptly report to the appropriate enforcement entity the violation of any law pertaining to the disposal of hazardous or waste materials and promptly furnish information as necessary to assure that such improper disposal ceases and any nuisance is abated; 5. Collect harbor fees and charges and maintain and operate an accounting system to collect harbor fees and charges that meets with the approval of the Finance Director and that will satisfy all controls as may be deemed necessary by the City's annual audit; 6. Record in a proper register the name,length,draft,beam,type,and identification number, location of each vessel moored in the harbor, as well as the name and address of each vessel's registered owners; 7. Maintain at the harbormaster's office a map or chart of the harbor showing the position of each approved mooring; and 8. Enter into license, moorage, and terminal use agreements on behalf of the City. 7.10.215-Limitation of liability. A. The authority granted to the harbormaster pursuant to this title shall not create any obligation or duty requiring the harbormaster to take action to protect or preserve any vessel or property located within, or utilizing, the harbor. B. The City does not accept control of vessels or other property moored or stored in the harbor. When the City assigns moorage space to a vessel or assigns storage space to a vessel or other property the City is not accepting possession or control of the vessel or other property; the relationship between the parties is simply that of a landlord and tenant. Unless the vessel or other property is formally impounded by the City,the vessel or other property shall at all times CITY OF SEWARD,ALASKA ORDINANCE 2023-008 remain in the exclusive possession and control of the owner of said property and the City is not acting, and shall not be held liable in any manner, as a warehouseman or a bailee. C. The City shall not be liable for any loss or damage resulting from use of the harbor or any harbor facility from any cause whatsoever, except and to the extent solely caused by the city's own negligence or intentional misconduct. The City disclaims any and all other liability, whether for negligence or other tort, in contract or otherwise, and specifically disclaims any warranty of whatsoever kind or nature including, but not limited to, any warranty of workmanlike service or performance. The liability of the City for damages caused solely by its own negligence or intentional misconduct shall be limited to the reasonable cost of repairing the vessel or other property that was moored or stored in, or making use of, the harbor or harbor facilities.The owner of the vessel or other property assumes all responsibility for any and all other claims or damages otherwise resulting including, but not limited to, claims by owner or third parties for property damage, personal injury or death, pollution or discharge of a polluting or hazardous substance (together with cleanup, removal, and remediation of same), as well as any direct, indirect, special, consequential, or commercial damages, claims for loss of profits or earnings, or other claims or damages of whatever kind or nature. D. Each person including the owner of a vessel or other property moored or stored in,or making use of, the harbor or harbor facilities releases and agrees to defend, hold harmless, and indemnify the City and its officers,employees,and agents from and against any and all losses, claims,demands,actions,damages,liabilities,or expenses of every kind,character,and nature whatsoever (including, but not limited to, personal injuries, death, environmental contamination, property damage, or employee liability) arising out of, resulting from, or in any way related to use of the harbor by the owner or owner's agent, employees, invitees, guests, or passengers, except where liability for same is caused solely by the City's own negligence or intentional misconduct. Defense shall include payment of actual attorney's fees and costs. The owner waives any right of subrogation against the City which might otherwise arise upon payment of a loss by owner's insurers. Article 3. -Moorage 7.10.310-Registration required. The owner of a vessel using the harbor is required to register with the harbormaster,by completing and providing all information requested on a registration form approved by the harbormaster, within two hours after the vessel first enters the harbor; provided, however, that vessels arriving after 5:00 p.m.shall have until 10:00 a.m.of the following day to register.The owner is responsible for informing the harbormaster of any changes in the registration information provided by the owner. 7.10.315-Transient moorage. A. Availability. Transient moorage space is available within the harbor at locations designated or assigned by the harbormaster, which may include temporary use of reserved moorage CITY OF SEWARD,ALASKA ORDINANCE 2023-008 space. A written and signed application for moorage on a form approved by the harbormaster shall be provided to the harbormaster within the time allowed for registration. The applicant shall promptly notify the harbormaster of any changes in the information set forth on the moorage application. Prepayment of fees for transient moorage is required. Approval of such application by the harbormaster confers no rights in the land or water constituting the space. B. Assignment periods. The daily assignment period is 12:01 a.m. to midnight on the first day of arrival in the harbor. The daily moorage fee as set forth in the harbor tariff will be levied on all vessels that are registered on the harbor's daily inventory that do not have a reserved moorage space assigned, unless longer term moorage is paid in advance. Discounts for prepayment of transient moorage fees are available as set forth in the harbor tariff for monthly, semi-annual, and annual terms. Monthly, semi-annual, and annual term transient moorage rates will be calculated from the date the city receives a completed application and agreement for moorage. No credits will be allowed for back-dating the application for moorage to the first day of the current month. C. No preferential right. A user receives the privilege of occupying designated or assigned transient moorage on an as-available basis, with consideration given to which vessel is most suitable for a particular location. Users have no preferential right to moor in any particular location nor the right to return to the same space if another vessel is occupying that space. D. Rafting.Rafting of vessels in transient moorage space shall be permitted at locations designated by the harbormaster. Vessels moored in such locations are subject to yet another vessel tethering aside and are subject to being crossed by persons seeking access to other rafted vessels. Each vessel must have at least one line to the float, alternating ends. E. Duration. A user's right to transient moorage space, once assigned, continues until the user removes the vessel from the transient moorage space, or until the user's death, or until the user's voluntary or involuntary relinquishment of the right to use transient moorage space.The right to use transient moorage may not be assigned or transferred by the user and does not transfer with the sale or other disposition of the vessel. F. Voluntary relinquishment. A user may voluntarily relinquish transient moorage space at any time by notifying the harbormaster in writing. G. Involuntary relinquishment. The right to use transient moorage space shall be involuntarily relinquished if: 1. The user supplies misleading or false information in the moorage application; 2. The user fails to pay all fees required by this title or the harbor tariff without a prior written agreement to pay such fees on other terms acceptable to the harbormaster; 3. The user fails to maintain a qualifying interest in the vessel; 4. The user fails,upon request of the harbormaster,to provide proof of a qualifying interest in the vessel; 5. The user fails to maintain on the vessel the equipment required by this title; 6. The vessel becomes a derelict or a nuisance; or CITY OF SEWARD,ALASKA ORDINANCE 2023-008 7. The user fails to observe any section of this title. 7.10.320- Reserved moorage. A. Availability. Reserved moorage space is available within the harbor at locations designated or assigned by the harbormaster. B. Application. Reserved moorage space shall be assigned on a first-come, first-served basis to those who have provided to the harbormaster a written and signed application as provided by the harbormaster. The applicant shall promptly notify the harbormaster of any changes in the information set forth on the application. C. Assignment of reserved moorage. Reserved moorage space shall be assigned by the harbormaster to assure the maximum use of space available. The harbormaster will establish minimum and maximum vessel sizes for each space or class of spaces available. D. Wait list. If more applications are received than there are spaces available, the harbormaster shall establish and maintain a reserved moorage wait list.A nonrefundable annual fee shall be required by October 31 of each year to place and maintain an application on the list. Applications will be placed on the list in the order in which they are received.Any individual, partnership, corporation, or government agency may apply for the use of a reserved slip. All applicants, except government agencies, shall designate a single individual whose name shall appear on the list and who will be responsible for payment of all fees. The applicant shall promptly notify the harbormaster of any changes in the information set forth on the application.Wait list priority may not be transferred except,upon applicant's death,to a family member. E. Retention of wait list priority. If an applicant chooses not to accept a reserved moorage space when offered, or does not respond to a notice of space availability, the applicant forfeits the applicant's priority on the wait list and the applicant's name will be placed at the bottom of the wait list. The applicant's name will be retained in the new position for the remainder of time covered by the applicant's annual fee payment. Continued placement in the new position will be subject to payment of the required annual fee. If an applicant refuses to accept a reserved moorage space when offered on two separate occasions, or fails to respond on two separate occasions, it shall be presumed that the applicant has voluntarily withdrawn his application and the applicant's name will be removed from the wait list and the applicant's annual fee payment forfeited. F. Fifteen space limit.As long as there are applicants on the wait list,no person currently holding 15 or more reserved moorage spaces may be assigned an additional reserved moorage space notwithstanding the number of vessels held with a qualifying interest by that applicant. G. Notice of space availability. When space becomes available, the harbormaster shall notify the first applicant on the wait list that has a qualified interest in a vessel of the size for which space is available. Notice shall be by electronic mail for any applicant who has elected to receive email notifications and provided an email address, or otherwise by certified mail. In each case, notice will be sent return receipt requested. An applicant shall have 21 days from the date the notice is sent to respond. If the notice is returned by the post office or the applicant fails to respond,the harbormaster will notify the next eligible applicant on the wait list and so CITY OF SEWARD,ALASKA ORDINANCE 2023-008 until the space is assigned. The slip holder shall obtain a qualifying interest in a vessel of an appropriate size for the slip within 12 months of being offered a slip. H. Preference. Approval of an application for reserved moorage space and assignment of reserved moorage space by the harbormaster confers only the privilege of occupying the assigned moorage space on a preferential basis and does not convey any rights in the land or water constituting the space. I. Berth to be vacant for five days. Prior to departing the harbor, owners shall report to the harbormaster if a reserved moorage space is to be unoccupied for more than five days. The harbormaster shall have full discretionary authority to allow other vessels to occupy an empty reserved moorage space any time the assigned vessel is absent for more than five days without compensation to the holder. J. Duration. A holder's rights to reserved moorage space, once assigned, continues until the holder ceases having a qualifying interest in a vessel suitable for the assigned space, until the holder's death,or until the holder's voluntarily or involuntarily relinquishment of the space. A holder's right does not transfer with the sale or other disposition of the vessel. 1. Loss of qualifying interest. A holder must notify the harbormaster within 15 days if the holder ceases to have a qualifying interest in the vessel assigned to reserved moorage space.The holder may retain the reserved moorage space if the holder obtains a qualifying interest in another vessel of the appropriate size within 12 months and registers the new vessel with the harbormaster as required by this title. Failure to obtain a qualified interest in a replacement vessel of appropriate size for the assigned slip will result in forfeiture of assignment to reserved moorage and will cause the replacement vessel to be classed as transient. 2. Death. In the case of the death of the holder the space may be transferred only to the holder's family member. To be an effective transfer the family member must have a qualifying interest in the vessel assigned to the reserved moorage space and must make a request for transfer, in writing, to the harbormaster with appropriate documentation no later than the date the next moorage fee is due. 3. Voluntary relinquishment. A holder may relinquish reserved moorage at any time by notifying the harbormaster in writing. 4. Involuntary relinquishment. A holder's right to an assigned space shall be involuntarily relinquished and the right to use the assigned space terminated if: a. The holder supplies misleading or false information in the moorage application; b. The holder fails to pay all fees as provided by this title or the harbor tariff without a prior written agreement to pay such fees on other terms acceptable to the harbormaster; c. The holder fails to maintain a qualifying interest in the assigned vessel or substitute qualified vessel within the period allowed; d. The holder fails, upon request of the harbormaster, to provide proof of a qualifying interest in the vessel assigned to the space; e. The holder fails to maintain on the vessel the equipment required by this title; f. The vessel to which the space is assigned becomes a derelict or a nuisance; or CITY OF SEWARD,ALASKA ORDINANCE 2023-008 g. The holder fails to observe any section of this title. 7.10.325-Moorage conditions and restrictions applicable to transient and reserved moorage. A. Qualifying interest required. Moorage space may only be assigned to an applicant with a qualified interest in the vessel to which space is to be assigned. B. No unpaid charges. Moorage space may only be assigned to an applicant who has no delinquent harbor fees or charges. C. One space.No vessel may be assigned to more than one moorage space. The reserved slip is personal to the individual named as owner or operator on the moorage agreement. The slip is reserved only with respect to the vessel indicated on the moorage agreement. The slip holder must notify the harbormaster within 24 hours of any change in vessels or will be charged transient moorage on any other vessel in the slip. An administrative fee to cover the cost of changing the vessel in the reserved slip may be assessed. D. Use by assigned vessel only. A vessel assigned a moorage space may only use that space unless prior arrangements have been made with the harbormaster.Vessels that moor or anchor outside their regular moorage space, and vessels which have no regular assignments which moor or anchor without making application to and securing the permission to use such space as required by this title, do so at their own risk and shall be held responsible for all loss or damage of any kind resulting from such use. 7.10.330-Refusal of moorage or harbor facilities. A. The harbormaster may refuse moorage or use of any harbor facility to any vessel or applicant which or who the harbormaster has probable cause to believe has not complied, or is not in compliance, with this chapter or the harbor tariff or whenever such moorage or use of the harbor facilities would not be in the best interests of the City. B. A determination that such moorage or use would not be in the best interests of the City must be accompanied by findings of fact based on substantial evidence and may be appealed pursuant to section 7.10.900. C. The refusal notice shall be in writing where practical and shall include the notice of the right to appeal. 7.10.335-Required equipment. A. All vessels moored in the harbor shall carry the equipment required by any applicable law or regulation, and shall be numbered or designated in accordance with any applicable law or regulation. B. All vessels moored or anchored in the harbor shall be fitted with moorings or anchors satisfactory to the harbormaster,and shall be maintained at all times in such condition that,in the opinion of the harbormaster, will not endanger any person or vessel in the harbor or any harbor facility. 7.10.340-Utilities. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 The harbor staff shall refund the electrical deposits of all reserved moorage account customers that are not more than thirty(30) days past due. Electric and water utility service may be provided to vessels moored in the harbor in such locations and according to such specifications as the harbormaster may specify by regulation. The charge for electrical service furnished within the boat harbor except for rates established by the Regulatory Commission of Alaska shall be established by resolution of the City Council.A meter deposit shall be collected from any transient moorage customer who connects to the electrical power system. 7.10.345-Insurance. All owners shall provide the City proof of liability insurance covering the vessel and owner's employees, invitees, guests, or passengers. The amount of liability insurance required shall be specified on the moorage agreement covering that vessel. If the vessel carries passengers for hire, owners shall have the City named as an additional insured with waiver of subrogation on any policy of liability insurance. 7.10.350 - Authority of harbormaster to board and move vessel. A. Emergency. The harbormaster may, in the event of emergency,board,resecure, dewater, or move any vessel within the harbor, or take any other reasonable action to resolve the emergency with respect to such vessels to prevent loss of life or property. B. Noncompliance with this title. 1. Subject to paragraph 2. of this subsection, when the harbormaster has reasonable cause to believe that a violation of this title exists, or when necessary to perform a duty under this title, the harbormaster may, at any reasonable time and upon presentation of proper identification, board and enter a vessel within the harbor. If a vessel is improperly anchored or moored the harbormaster may order the vessel's position changed. If the harbormaster's order is not complied with, or the vessel is unattended, the harbormaster may move the vessel and charges shall be assessed in the same manner as for ordinary services. If a vessel is in violation of any section of this title the harbormaster may declare the user or holder of the moorage space to have involuntarily relinquished the space. 2. Where the Constitution of the United States or of the State of Alaska so requires, the harbormaster shall obtain an administrative search warrant authorizing an inspection and exhibit the warrant to the person in charge of the vessel before conducting the inspection. C. Vessel in transient moorage space. The harbormaster shall have authority to move a vessel in transient moorage space to another location to better maximize the use of available space. D. Notice to move. Any vessel, upon notice to move, which refuses or fails to move may be shifted by tug or otherwise by the City, and charges shall be assessed in the same manner as for ordinary services. 7.10.355- Seaplanes. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 A. Regular use of the harbor by seaplanes is available only on a transient basis and by prior agreement with the harbormaster. Seaplanes shall not land or take off within the harbor, however nothing in this chapter shall be construed to prohibit emergency use of the harbor by seaplanes. B. When a seaplane is provided a slip within the confine of the harbor, it shall be under the jurisdiction of the harbormaster and shall abide by this title and all regulations applicable to vessels. C. The fees for providing slips for seaplanes shall be set by resolution of the City Council and may be found in the harbor tariff. 7.10.360-Determination of involuntary relinquishment. A. Right to notice. The City shall give at least twenty (20i days' written notice of its intent to declare the involuntary relinquishment of mooring space. B. Content of notice. A notice of involuntary relinquishment shall be prepared by the harbormaster and shall contain: 1. The name and address of the user or holder of the moorage space last appearing in the records of the harbormaster; 2. A statement that the City intends to declare the moorage space involuntarily relinquished if corrective action is not taken within 20 days from the date the notice is mailed/posted; 3. The reason for the anticipated action; 4. The owner's right to a hearing and the manner in which a hearing can be requested; and 5. The name, address, and telephone number of a person at the City to contact in case of questions. C. Distribution of notice. The notice of involuntary relinquishment shall be: 1. Mailed by certified mail, return receipt requested, to the user or holder of the moorage space at the user's or holder's last known address. The notice is effective when mailed. If the harbormaster cannot determine the address of the holder of the moorage space,notice shall also be published at least once in a newspaper of general circulation in the City. 2. Posted at or near the moorage space in question,in the harbormaster's office,at City Hall, and in a United States Post Office in the City. D. Demand for hearing. The user or holder of moorage space which the City intends to declare involuntarily relinquished may obtain an administrative hearing to determine whether there is probable cause for involuntary relinquishment by filing a written demand with the City Clerk within 20 days from the date of the notice. Hearings will be conducted in accordance with section 7.10.900. E. Action after decision. In the event the 14earing-Of€cer city manager determines there is probable cause to declare that the right to the moorage space has been involuntarily relinquished, the harbormaster may eject, remove, or require the removal of the vessel from the moorage space and assess charges for said removal in the same manner as ordinary services, and reassign the moorage space without compensation to the prior moorage holder. Moorage fees cease accruing on the date the vessel actually ceases to occupy a moorage space in the harbor. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 Article 4. - Wharfage, Storage and Other Activity 7.10.410-Wharfage. A. Application.No cargo may be transferred within the harbor without prior written application to and approval by the harbormaster,on such form as the harbormaster shall specify.Transfers of cargo that occur on a regular basis may be approved in advance. B. Wharfage assignment. 1. All vessels are prohibited from mooring at any wharf at which they have no regular assignment or for which they have failed first to make a mooring application with the harbormaster. Vessels that moor outside their regular assignments, and vessels that have no regular assignments and which moor without making application to and securing the permission from the harbormaster, shall do so at their own risk and shall be held responsible for all loss or damage of whatsoever nature resulting from such use. 2. Assignment to the wharf at locations where transfer of cargo is approved shall be made by the harbormaster upon application. Charges for preferential assignment shall commence on the date specified in the assignment. Preferential assignments may be revoked by(a),the harbormaster upon 30 days'prior written notice to the assignee,or(b), the assignee upon 30 days'prior written notice to the harbormaster. 3. Subject to the rates, charges, rules, and regulations of this chapter, the harbor tariff, and any restrictions, conditions, limitations and modifications set forth in the assignment itself, wharf area assignments shall include only the license or right: a. To moor vessels owned,operated,or represented by the assignee at the area assigned; b. To assemble, distribute, load, and unload merchandise and the cargoes of vessels over, through, or upon the assigned wharf area; and c. To perform such other related activities as may be necessary. 4. When the assigned wharf area, or any part thereof, is not required for the use of the assignee or is unoccupied, the harbormaster may, at his discretion, assign such facility, or any part thereof, for temporary use by another person. C. Locations for cargo transfer. Transfer of cargo may occur at the following locations: 1. City dock within the boat harbor; 2. North dock of SMIC; 3. East dock of SMIC; 4. Syncrolift dock at SMIC. D. Prepayment. The harbormaster may require prepayment of the estimated fees due under this title or the harbor tariff prior to any cargo transfer. E. Duration. A vessel may moor for transfer of cargo for up to two hours without paying for transient moorage but must notify the harbormaster at least two hours in advance of actually mooring. Failure to notify the harbormaster could result in assessment of a day's transient moorage charge. F. Refusal of cargo. The harbormaster may refuse to permit the transfer of any cargo whose volume, weight, hazardous nature, or other characteristics would present a risk to the safety CITY OF SEWARD,ALASKA ORDINANCE 2023-008 I of persons or property,private or public,within the harbor or whose value is less than the fees due under this title. G. Information and manifests. 1. Information. To enable the harbormaster to keep an accurate record of the number, size, and kind of vessels using the harbor, the amount, kind, and value of waterborne freight handlers,and the number of passengers carried,the masters and pursers of all vessel using the harbor are required to furnish the harbormaster with such information if so requested and to permit the harbormaster to examine their papers; 2. Manifest. A complete copy of the manifest showing all the cargo unloaded or discharged at the harbor will be furnished to the harbormaster. Inbound manifests will be furnished prior to or concurrent with the vessel's arrival.Outbound manifests will be furnished prior to or concurrent with the vessel's departure. In lieu of manifests, freight bills containing all information as required in this section may be accepted. Required permits and licenses are described in section 7.10.800. H. Persons responsible for fees. Vessels, their owners, and shippers or consignees of cargo transferred within the harbor shall be jointly and severally liable for all fees due for activities described in this chapter notwithstanding any contrary provisions contained in any bills of lading, charter party agreements, contracts, or other agreements. I. Cargo on which fees have become delinquent. Cargo on which fees have become delinquent may, after ten days' written notice to the shipper, carrier, or consignee of such cargo, be sold at public or private auction without advertising. J. Retention of cargo. Any cargo upon which fees provided by this chapter have become delinquent may be confined to the harbor by the harbormaster until the fees have been paid. K. Liability and indemnity. All risk of loss from theft, fire, or other casualty to cargo shall be assumed by the parties to the shipping agreement and not the City. The person making application for the berth shall defend, indemnify, and hold the City harmless from all claims arising from the cargo transfer within the harbor. 7.10.415 - Storage. A. Generally. Storage space for vessels, cargo, and gear is available. The terms, conditions,and fees for the use of storage space for vessels, cargo, and gear is governed by the harbor tariff. B. Upland storage. 1. Upland storage on any harbor property owned by the City shall be limited to the storage of vessels, vessels on trailers, or trailers. 2. Major construction work on vessels while in storage is prohibited. Disagreements as to what constitutes major construction shall be resolved by the harbormaster. 7.10.420-Fish processing. Fish or shellfish may be cleaned or processed within the harbor only in areas and with equipment approved by the harbormaster. 7.10.425- Boat lifts. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 The City has available boat lifts. The terms, conditions, and fees for use of the boat lifts are governed by the terms of the harbor tariff. Article 5. - Prohibited Practices 7.10.510- Speeding. No person shall operate or cause to be operated a vessel within the boat harbor in a manner which causes an excessive wake, wash, or wave action which will damage, endanger, or cause undue distress to any other vessel or occupant thereof. 7.10.512 -Reckless operation. No person shall operate a vessel in any manner which unreasonably interferes with the free and proper use of the harbor or unreasonably endangers the users of the waters of the harbor. 7.10.513-Hazard to navigation. No person shall create or fail to remove after request from the harbormaster, a hazard to navigation within the waters of the harbor. 7.10.514 - Failure to register. No person shall fail to register a vessel operated by that person with the harbormaster as required by this title. 7.10.515-Improper mooring and anchoring. A. Except as provided in subsection C. of this section, no person may moor, anchor, or beach a vessel in the harbor except in a location designated by the harbormaster for that purpose, after receiving prior permission from the harbormaster, and after complying with all applicable provisions of this title. B. Except as provided in subsection C. of this section, no person may moor, anchor, or beach a vessel for fishing or other purpose within the harbor or any other body of water over which the City has jurisdiction in such a position as to obstruct a passageway ordinarily used by other vessels. C. A person may moor, anchor,or beach a vessel in the harbor as required in an emergency,but only for so long as required by the emergency. A person who moors, anchors, or beaches a vessel in the harbor as permitted by this subsection shall promptly notify the harbormaster and comply with the instructions of the harbormaster for the securing and placement of the vessel. Improperly stored,beached, or disposed vessels may be removed by the City and the costs of such removal may be recovered by the City from the person violating this section. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 7.10.516-Inadequate equipment. No person shall operate or moor a vessel within the harbor that does not have the equipment required by this title. 7.10.517-Improper use of facilities. No person may use the harbor for purposes or in a manner not authorized by this title. 7.10.518 - Improper disposal. No person shall dispose of trash, garbage, timber, refuse, human or animal waste, flammable liquid, alcohol,bilge water,dead animals, fuel, oil, fuel or oil derivatives, wastes, or by-products, or other petroleum products, or any similar substance into the water of the harbor or on the harbor grounds(including,but not limited to,parking areas)except in receptacles or locations designated by the harbormaster. Improperly disposed materials may be removed by the City, with or without notice, and the costs of such removal may be recovered by the City from the person violating this section. 7.10.519 -Improper care and control of animals. No person shall have or bring a dog or other animal within the harbor unless the dog or animal is on a leash or confined to a vessel. The person bringing the dog or other animal to the harbor is responsible for properly disposing of the animal's defecation. 7.10.520-Water sports. No person shall engage in swimming, diving, water skiing, or other sports where the body of the person comes into contact with the water within the harbor except after notice to and with permission of the harbormaster. Diving for the purpose of vessel repair and inspection or for law enforcement purposes is not prohibited by this section. 7.10.521 - Failure to make accident report. No person shall fail to make an accident report as required by this title. 7.10.522 -Dinghies, rowboats and skiffs. No dinghies, rowboats, skiffs, or other auxiliary vessels may be stored on a dock except at a location designed for that purpose by the harbormaster. Dinghies, rowboats and skiffs or other auxiliary vessels measuring over 12 feet in length will be charged moorage if not stored aboard another vessel. Vessels occupying a slip may not leave a dinghy, rowboat, skiff or other auxiliary vessel in an unoccupied slip for more than 12 hours. Dinghies, rowboats and skiffs or other auxiliary vessels may not be tied alongside of vessels in transient areas. 7.10.523-Noise. A. No person shall make or cause to be made any unnecessary noise in the harbor. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 B. No person shall,in an unreasonably loud manner,play any musical instrument or operate any radio, stereo, T.V. or other similar equipment in the harbor between 11:00 p.m. and 7:00 a.m. The harbormaster has sole discretion in determining whether an instrument or equipment has been played in an unreasonably loud manner. C. If any group or organization wishes to hold any function that may continue after 11:00 p.m., request for approval must be made, in writing, to the harbormaster who may extend the time. 7.10.524 -Derelict, nuisance, unseaworthy,wrecked and sunken vessels. A. No person may bring into or keep within the harbor a vessel that is derelict or a nuisance, or in the opinion of the harbormaster, is so unseaworthy or in such a deteriorated condition that it may sink,become a hazard to navigation, or damage docks, floats, or other vessels, except as required in an emergency,but only for so long as required by the emergency. B. In the event a vessel is wrecked or sunk within the harbor,it shall be the owner's responsibility to immediately notify the harbormaster,mark the vessel's position and provide for the raising and disposition of such vessel as soon as reasonably possible, and the owner shall assume all liability for damage to persons or property located in the harbor which is caused by the vessel. 7.10.525-Unauthorized utility connections; interference with harbor property. A. No person may tap, connect, disconnect, or interfere with any water, telephone, or electric utility equipment maintained or operated by the City in the harbor without first having obtained the permission of the harbormaster. B. No person shall damage, interfere, or tamper with any dock or other facility operated by the City in the harbor. C. No person may damage,interfere,or tamper with any dock,buoy,life preserver, sign,notice, navigational marking, or other similar property operated by the City or any other governmental agency in the harbor. 7.10.526-Unauthorized boarding of vessels. No person may board a vessel in the harbor without the consent of the owner provided,however, that any person placing a vessel in transient moorage where the vessel is or may be rafted to other vessels implicitly consents that people may cross the vessel if necessary to access other rafted vessels. 7.10.527-Improper use of firefighting equipment. No person shall use fire hoses or other firefighting equipment except for fighting fires. 7.10.528-Welding equipment, torches, open flame. No person shall use welding equipment, grinders, a burning torch, or any other open flame apparatus on any dock or on any vessel moored in the harbor without obtaining a hot work permit issued by the harbormaster. The person using such equipment shall exercise such care as is necessary to provide for the safety of other vessels and harbor facilities,have readily available an CITY OF SEWARD,ALASKA ORDINANCE 2023-008 approved fire extinguisher of sufficient size, have readily available as a standby a water hose attached to an outlet where available, and maintain a fire watch. 7.10.529-Loading or unloading explosives. No person may possess,transport,load,unload,or store explosives within the boat harbor. Loading and unloading explosives at harbor locations outside the boat harbor, requires a permit from the Fire Chief and approval of the harbormaster. 7.10.530- Solicitation, advertising and signs. No signs or other printed matter shall be placed on any part of the harbor without the prior approval of the harbormaster. 7.10.531 -Fenders on fmgers. No person may install fender material on fingers unless the fender material is approved by the harbormaster. 7.10.532 - Use of docks and fmgers. No person may store on a dock any raft, net, tackle, cargo, equipment, tools, materials, mooring lines, hoses, electrical cables, other service lines, or other obstruction except in a location designated for that purpose by the harbormaster. Tools and other equipment may be temporarily placed on the dock for rigging and maintenance work so long as the tools or equipment do not obstruct the docks or access to the dock and the space is maintained in a neat, clean, and orderly fashion. 7.10.533- Children. Children under ten years of age are prohibited on the docks except when in the immediate presence of the child's parent or guardian or other responsible adult. 7.10.534-Bicycles,motorcycles, rollerblades,skateboards. The use of unauthorized wheeled or motorized objects such as bicycles,motorcycles,rollerblades, skateboards, and four-wheelers on the docks within the harbor is prohibited. 7.10.535- Parking of vehicles and unattended trailers generally. The parking of vehicles and unattended trailers outside designated parking areas in the harbor area is prohibited. 7.10.536- Unauthorized collection of fees and use of waterfront. No person shall collect any toll, wharfage or dockage without being authorized to do so by the harbormaster. No person shall place property upon or remove property from any portion of the waterfront or docks without being authorized by the harbormaster. 7.10.537-Movement of vessels. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 Cruising between rows of slips is prohibited;movement of vessels within the harbor and between rows of slips shall be for the purposes of mooring,anchoring,entering or leaving a slip,or training and education. 7.10.538-License. No person shall operate a vessel unless that person is properly licensed as required by applicable state and federal laws and regulations. 7.10.539- Outboard motors. No person shall operate any motor within the harbor without having such motor equipped with a muffler. 7.10.540-Searchlights, crab lights. No person shall use searchlights indiscriminately or in such manner as to annoy or disturb other persons or vessels. No person shall leave on a crab light used to balance the load on a vessel's generator while the vessel is moored in the harbor. 7.10.541 -Residential use. No vessel within the harbor may be used for permanent living quarters while moored unless a permit is first obtained from the harbormaster. 7.10.542 -Failure to observe city health and conduct rules. No person in the harbor shall violate any provision of this Code dealing with health, sanitation,the conduct of persons, or prohibiting acts contrary to public health, morals, safety, or public peace. 7.10.543-Vessels extending over the main walkway or float. No part of any vessel, including, without limitation, any davit,boom,boomkin, or bowsprit, may extend over the main walkway of a float. 7.10.544 -Obstruction of walkway,float, gangway prohibited. No person shall place or permit to remain any mooring lines,hose,electrical cable or other service lines across any walkway. A person in charge of a walkway, float, or gangway shall maintain the same in good condition so as to prevent injury to persons and shall keep such walkway, float, or gangway clear of any obstruction. 7.10.545-Repairs and maintenance of vessels. No person may spray paint a vessel while moored or anchored in the harbor.No person may repair or maintain a vessel at its berth unless all the work is performed aboard the vessel. All materials used in repairing or maintaining the vessel must be collected for disposal or kept on board the vessel. Repair and maintenance work that cannot be done within the confines of the vessel shall be accomplished only in an area or manner approved for that purpose by the harbormaster. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 7.10.546-Removal of vessel without payment of charges. No person shall remove from the harbor any vessel upon which charges of any kind are delinquent, without paying such delinquent charge. 7.10.547-Cargo on the beach. No person may load, unload, or store cargo on the beach within the harbor except in a location designated for that purpose by the harbormaster unless a permit has first been obtained from the harbormaster and a fee as set by the harbor tariff has been paid. Any permitted loading,unloading, or storage of cargo shall be for a period not exceeding 72 hours. There shall be no barge or vessel landing from the beach within the boat harbor. 7.10.548—Commercial lodging in harbor prohibited. No person may operate a short term lodging business, long terns lodging business, bed and breakfast, or nightly lodging business on any vessel in the Seward Boat Harbor. Article 6. - Fees and Penalties 7.10.610-Fees. A. Harbor facilities. After public hearing, the City Council shall set by resolution, the rates for use of all harbor facilities, and such rates may be found in the harbor tariff. Notice of the public hearing shall be published in a newspaper of general circulation and shall be posted in at least three public places within the city at least ten days prior to the hearing. B. Ordinary services. Ordinary services performed by harbor personnel may be rendered by agreement with the harbormaster. The City Council shall set by resolution the rates for services provided by the harbor personnel and such rates may be found in the harbor tariff. If no rate for a particular service has been set by the City Council,the charge shall be set by the harbormaster and shall compensate the city for reasonable labor, time, and materials expended, plus overhead expenses. The harbormaster may require a deposit or payment in advance of furnishing any ordinary services, and all charges shall be payable at the time services are rendered, unless other arrangements have been made in advance with the harbormaster. C. Emergency services. Charges for emergency services shall be assessed in the same manner as for nonemergency services. All charges for services shall be payable at the time services are rendered. 7.10.615- Fee collection. A. Invoicing. Invoices for fees shall be due upon receipt. Invoices may be delivered personally or mailed on a monthly or other basis to the last address provided to the harbormaster. It is the harbor user's obligation to notify the harbormaster in writing of any changes in address. B. Payment. Mooring fees shall be due and payable in advance. Payment shall be made at the harbor. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 C. Refunds.Refunds are not automatically available to vessels departing the harbor;only vessels that no longer require transient or reserved moorage may receive a refund. If a vessel owner desires a refund of prepaid moorage, the vessel owner must make a request, in writing,to the harbormaster. All refunds will be calculated from the date of notice as follows: 1. Daily moorage fees. Refunds for prepaid daily moorage will be limited to the unused moorage days. 2. Semi-annual moorage fees. If a request for a refund is made, a refund for prepaid semi- annual moorage will be limited to the original payment made minus the combination of the monthly and daily rates from the start of the semi-annual period through the date of notice. 3. Annual moorage fees. If a request for a refund is made, the refund for prepaid annual moorage will be limited to the original payment made minus the combination of the semi- annual, monthly and daily rates from the start of the annual period through the date of notice. D. Transfer from transient moorage to reserved moorage. Transient vessels that have prepaid moorage and then, due to the waitlist process, are offered a slip will be charged for moorage in accordance with the appropriate section of the harbor tariff. E. Delinquent fees. Fees remaining unpaid after 30 days will be considered delinquent and subject to late fees as allowed by law and as set forth in the harbor tariff. All delinquent moorage for vessels will accrue charges based on the daily fee as set by resolution of the City Council. F. Interest on delinquent fees and fines. Delinquent fees and fines under this chapter shall accrue interest according to the harbor tariff, from the date they were due until paid in full. G. Collection action. The city manager is authorized to commence suit or exercise any other legal remedy to collect any delinquent fee or charge. In the event such suit is commenced,the person obligated to pay the fee shall,in addition to any other liability imposed by this chapter, be liable for the city's actual, reasonable attorney's fees and court costs associated with the collection. H. Lien for unpaid fees. In addition to all other remedies available by law, the city shall have a lien for any fees and interest provided by this chapter and costs of collection, including attorney's fees,upon any vessel(including all equipment,tackle,and gear)and property giving rise to such fees. The lien may be enforced by any procedure otherwise provided by law and by the procedure set forth in this chapter. 7.10.620-Penalties. Penalties for violation of this title shall be as provided in 1.05.010. Article 7.- Impoundment and Disposition of Vessels and Abandoned Property 7.10.710-Lost and abandoned property. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 Personal property found in the harbor,whether on land,adrift,or sunken,which is not in the lawful possession or control of some person shall be immediately delivered to the harbormaster,in whose custody the property shall remain until claimed by the proper owner or disposed of as abandoned property. 7.10.715-Property which may be impounded. The harbormaster is authorized to impound abandoned property at any time, and is authorized to impound a vessel under any of the following circumstances: 1. The vessel is within the harbor and is derelict or a nuisance as defined in this title; 2. The fees for which the City has a lien on the vessel are delinquent for a period of three months, or it appears to the harbormaster that the removal of the vessel from the harbor without payment of the delinquent amount is imminent; 3. The vessel is located in the harbor and is in violation of any section of this title or any regulation of the harbor or any provision of the harbor tariff; or 4. The owner is not aboard the vessel and the vessel is not properly identified by a name and/or number. 7.10.720-Notice to owner. A. Right to notice before impoundment. Except as provided in subsection B. of this section,the City shall give at least 20 days' written notice of its intent to impound abandoned property or a vessel. B. No right to notice before impoundment. The City need not give written notice before impoundment, but shall give written notice of impoundment within 24 hours after an impoundment where the harbormaster determines that: 1. The abandoned property's or vessel's presence in the harbor presents an immediate danger to public health or safety; or 2. The removal of the abandoned property or vessel to be impounded from the harbor without payment of delinquent fees or other charges is imminent. C. Contents. An impound notice shall be prepared by the harbormaster and shall contain: 1. The name and/or official number or state registration number of the vessel, where applicable; 2. The location of the abandoned property or vessel; 3. The name and address, if known,of the owner; 4. A statement that the City intends to impound,or has impounded,the abandoned property or vessel; 5. The reason for the anticipated or actual impoundment; 6. The intended disposition of the abandoned property or vessel if no action is taken within 20 days from the date of the notice; 7. The owner's right to a hearing and the manner in which to request such a hearing; 8. The name, address, and telephone number of a person at the City to contact; 9. The procedure for obtaining release of the abandoned property or vessel from impoundment or threat of impoundment; CITY OF SEWARD,ALASKA ORDINANCE 2023-008 10. A statement that the abandoned property or vessel is subject to storage charges once impounded; and 11. If impoundment has already occurred, a statement of the owner's right to obtain immediate release of the impounded property or vessel by posting a bond pending a hearing to determine whether probable cause of impoundment existed, said bond not to exceed the total of all delinquent charges and fees owed the City, including the cost for impoundment and storage. D. Distribution. The impound notice shall be: 1. Mailed by certified mail, return receipt requested, to the last known owner of the abandoned property or vessel at the owner's last known address, to any person who is known by the harbormaster to have a qualified interest in the abandoned property or vessel, to all known lienholders, and to any other person designated in the moorage agreement to receive notices regarding a vessel; provided, however, that notice need not be sent to any person whose interest in a vessel is not recorded with a State department or a Federal agency and whose name and address does not appear on the moorage agreement for that vessel. If the harbormaster cannot determine the address of the owner of abandoned property or a vessel,notice shall be published at least once in a newspaper of general circulation in the City and, in the case of a vessel, shall be mailed to the U.S. 111 Coast Guard documentation officer of the port of documentation, if such port can be reasonably ascertained. 2. Posted on the abandoned property or vessel, in the harbormaster's office, at City Hall, and in a United States Post Office in the City. 7.10.730-Impoundment. The harbormaster may impound the abandoned property or vessel by immobilizing it, removing it, or having it removed, and placing it in public or commercial storage with all expenses of haul- out and storage and an impound fee to be borne by the owner of such abandoned property or vessel. A. The holder of a qualifying interest in such abandoned property or vessel may appeal an impoundment decision pursuant to section 7.10.900. B. If the city manager determines there is probable cause to impound the abandoned property or vessel and a bond has been posted by the owner, the bond shall be forfeited to the City and no further action to impound the abandoned property or the vessel shall be taken. C. If the city manager determines there is probable cause to impound the abandoned property or vessel and impoundment has not already occurred, the harbormaster may proceed immediately with impoundment of the abandoned property or vessel. D. The Hearing O eer s city manager's decision shall in—no-way not affect any criminal proceedings in connection with the impoundment in question. , 7.10.740-Release from impound. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 A. Upon a-hearing-officcr's the city manager's decision reversing an impoundment, the abandoned property or vessel shall be released from impoundment without cost to the owner and any bond posted by the owner released to the owner. B. In the absence of •' the city manager's decision reversing an impoundment, the owner,the representative of an owner,or any person in lawful possession of the abandoned property or vessel may apply to the harbormaster to release the abandoned property or vessel from impoundment at any time before its disposition under this chapter. An application for release from impoundment shall include the following: 1. Proof satisfactory to the harbormaster that the applicant is the owner of the abandoned property or vessel, or, if the applicant is not the owner, proof satisfactory to the harbormaster of the applicant's authority to represent the owner; 2. Either: a. Payment of all delinquent moorage or other charges for the abandoned property or vessel, including interest and penalties, if any, all costs of towing, appraising, impounding, and storing the abandoned property or vessel, and all costs incurred for any pending sale of the abandoned property or vessel; or b. The posting of a bond or other security pending resolution of an appeal to the superior court,said bond not to exceed the appraised value of the abandoned property or vessel, if known; 3. Proof of arrangements satisfactory to the harbormaster for either the removal of the abandoned property or vessel from the harbor,or the placement of the abandoned property or vessel in a location in the harbor approved by the harbormaster. C. The harbormaster need not release the abandoned property or vessel from impoundment under this section when: 1. The harbormaster determines that possession of the abandoned property or vessel would be unlawful or would present an immediate hazard to public health or safety; or 2. The harbormaster has actual knowledge that ownership or possession of the abandoned property or vessel is in dispute. 7.10.745 - Disposition of impounded abandoned property or vessel. A. The city shall not dispose of impounded abandoned property or an impounded vessel until thirty 1301 days after the date of impoundment under this chapter. B. Public auction is not required when the appraised value of the abandoned property or vessel, as determined by an independent appraiser, is less than $500.00. The appraiser must have at least one year of experience in the sale, purchase, or appraisal of abandoned property or vessels. Upon that determination and after public advertisement has been made once in a newspaper of general circulation,the harbormaster may sell the abandoned property or vessel by negotiation, dispose of it as junk, donate the abandoned property or vessel to a governmental agency, or destroy it. 7.10.750-Public auction. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 A. Notice of sale. Prior to the sale of any impounded property or vessel, the harbormaster shall prepare a written notice of sale of the property or vessel. The notice shall contain: 1. The name and/or official number or state registration number of the abandoned property or vessel, the location of the abandoned property or vessel, and a detailed description of the abandoned property or vessel; 2. The date,time, and place of the sale; 3. The fees, interest, and costs that are due against the abandoned property or vessel and any bidding terms; 4. A statement indicating to whom payment must be made in order for the owner to redeem the abandoned property or vessel prior to sale; and 5. A statement indicating that the city may purchase the abandoned property or vessel at the sale for an offset bid in the amount of fees and charges due the City for the abandoned property or vessel. B. Distribution. At least twenty(201 days before the sale, the notice of sale shall be: 1. Mailed by certified mail, return receipt requested, to the last known owner of the abandoned property or vessel at the owner's last known address; 2. Posted on the abandoned property or vessel, in the harbormaster's office, at City Hall, and in a United States Post Office in the City; and 3. Published at least once in a newspaper of general circulation in the City for a total of seven aconsecutive days. 7.10.755- Sale. A. Public auction. Any time after the distribution of the notice of sale, the abandoned property or vessel may be disposed of by public auction, through oral tenders, or by sealed bids. B. Bids. The minimum acceptable bid shall be a sum equal to the fees against the abandoned property or vessel, including interest and costs to be paid in cash at the time of sale or within five days thereafter. The proceeds of such sale shall be first applied to the cost of sale, including advertising, then to interest owed the City, then to fees accrued and owed to the City, and the balance, if any, shall be held in trust by the City for the owner of the abandoned property or vessel to claim. If such balance is not claimed within two years, the balance shall be forfeited to the city and paid into the harbor enterprise fund. C. No acceptable bids. If at the public sale there are no acceptable bids for the abandoned property or vessel, the City may destroy, sell at a private sale, or otherwise dispose of the abandoned property or vessel. The disposition to be made without liability to the owner, any person in possession of the abandoned property or vessel, or any lienholder of the abandoned property or vessel. 7.10.760-Effect of sale. Upon sale being made,the City shall make and deliver its bill of sale,without warranty,conveying 111 all of the City's interest in the abandoned property or vessel to the buyer. Article 8. -Licenses and Permits CITY OF SEWARD,ALASKA ORDINANCE 2023-008 I 7.10.810-Licenses and permits prerequisite to conduct of business. No business activity shall be conducted within the harbor or SMIC unless the licensee,permittee, concessionaire,assignee,lessee or sublessee shall have first obtained the necessary harbor permits or agreements and a business license,if needed,from the City;provided,however,that commercial fishing vessels do not require a business license to carry on the normal activities relating to their operation. 7.10.812-Business license required. Subject to section 8.30.020,a business license is required if engaging in a business within the City. Applications for a business license are handled through the city clerk's office and are governed by chapter 8.30, Business license. 7.10.815-Terminal use permits or license agreements—Required. A. In this section, terminal use permits may be referred to as "permits" and license agreements may be referred to as "agreements." B. A signed terminal use permit or license agreement along with proof of insurance and cargo manifests are required from the harbormaster's Office for any operation that engages in commerce that uses City docks, approaches or facilities for loading or unloading of cargo, petroleum providers, usage of dock approaches, or landing areas across City of Sewardll property. Terminal use permits are required for activities in which wharfage rates apply or when merchandise is passed over the city docks per Section 285 of the Port and Harbor Tariff Regulations. C. It shall be unlawful for any person to conduct or carry on any business upon any portion of the city beach or docks, landing stage, or approach thereto in use in connection with the City docks, or to use, occupy or hold possession of any part of the City docks, landing stage or approach thereto, for any business purpose whatever, except for taking on or landing passengers,unless such person has a valid terminal use permit or license agreement signed by the harbormaster. D. It shall be unlawful for any person to solicit, ask for or request patronage or trade,or display ware or advertise in any way, on the City beaches, docks, landing stage or approach thereto in use in connection therewith, for any business,or to sell tickets of any kind therewith, or to sell any article of merchandise upon any portion of City beaches, docks, float, landing stage or approach thereto, unless such person has a valid terminal use permit or license agreement signed by the harbormaster. E. A moorage contract is a separate requirement and does not require a terminal use permit. Seafood processing businesses shall obtain a permit or agreement for utilizing City beaches, docks and floats. Terminal use permits are not required for vessels loading gear such as: strongbacks, lines, hatch covers, walking boards, nets, groceries or vessel safety equipment, or for vessels refueling for standard operations. 7.10.820-Agreements or permits—Employees and agents of principals. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 Where an agreement or permit is desired for a person to carry on business as an employee or agent for any person,the application for such permit or agreement shall be approved by the principal of such person,and such permit may be revoked at any time without notice to the holder thereof upon the request of such principal to do so. 7.10.825-Agreements or permits—Application. The application for an agreement or permit shall be in writing and shall set forth the following information: 1. The name and address of the applicant and, if the applicant shall be a firm, the names and addresses of the members of such firm, and, if the applicant shall be a corporation, the names and addresses of the officers of the corporation; 2. The names of the vessels, the description of the business to be carried on by means of such vessels, a reference to the business licenses, if any, held by such applicant, and any other particulars which such applicant may wish to set forth as a reason for granting such permit; 3. A description of the space on the City facilities of the floats or landing stages the applicant desires to use in carrying on such business; and 4. A statement to be signed by the applicant that if such permit shall be granted, he will conduct his business thereunder in accordance with the laws of the City in relation thereto, the terms of such permit and all rules and regulations in relation to the City facilities, and that the permit may be revoked at any time by the City for the violation of the terms of such permit, and that the decision of the harbormaster as to the revocation of any such permit shall be final and conclusive,unless timely appealed in writing pursuant to section 7.10.900. 7.10.830-Agreements or permits—Duration. The harbormaster shall have the power and authority to grant a permit or agreement to any person to use or occupy certain portions of the City facilities, and any float, landing stage or approach thereto, for a term not exceeding one year, and subject to revocation at any time by the harbormaster for violation of any of the terms of such permit, or of the laws of the City, or of the rules and regulations adopted by the City Council for the use of the City facilities. The harbormaster may deny a request for an agreement or permit based on past business practices of an applicant, level of existing use at City docks, or upon other facts supporting a finding that an agreement or permit is not in the best interest of the city. 7.10.835 -Agreements or permits—Terms and conditions. All business agreements or permits shall be on forms provided by the City, and shall include such terms and conditions, in addition to those set forth in this chapter, as the harbormaster may determine from time-to-time to be necessary or advisable to preserve the public peace and quiet on the City facilities or to protect the public welfare,and all such terms and conditions included in any such permit shall be binding on the holder.of such permit to the same extent as though expressly set forth in this chapter. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 7.10.840-Agreements or permits—Suspension and revocation and appeals. A. Suspension. The harbormaster may, at any time, as a penalty for the violation of the provisions of any permit or agreement, suspend an agreement or permit for a period to be fixed in such order of suspension. B. Revocation. All permits or agreements issued shall be granted and accepted by all persons receiving such permits or agreements with the express understanding that the harbormaster may revoke the same at any time if satisfied that any of the conditions of the permit or agreement or provisions of this chapter have been violated, or that such permit or agreement was obtained by fraudulent representation,or that the holder of any such permit or agreement is an unfit person to be entrusted with the privileges granted by such permit or agreement; provided, that no permit or agreement shall be revoked without first giving the holder an opportunity to appear before the City Manager on the holder's own behalf, except as to an employee or agent of some other person holding a permit or agreement who requests such revocation. C. Appeals. In the event of a dispute between the parties under this permit, the harbormaster shall issue a written decision and serve a copy thereof upon the permittee. The permittee may request an administrative hearing following the procedures outlined in section 7.10.900. 7.10.845- Right of City to inspect leased premises. The City reserves the right to inspect any of the rented or leased premises at any time. Failure to inspect shall not be deemed to create any responsibility upon the City. 7.10.850-Applicants to release City from liability. The City assumes, and shall be under, no liability for anything done or omitted to be done under or in relation to any of the provisions of this chapter, and applicants for permits shall release the City accordingly. All applicants shall provide the City with proof of current liability insurance during the term of the agreement or permit. (See also sections 7.10.215 and 7.10.345.) Article 9. -Appeal 7.10.900-Appeal. (a) Demand for hearing. Any person holding a qualifying interest in a vessel who is denied moorage or use of harbor facilities or whose vessel is subject to impoundment by the harbormaster has the right to appeal the harbormaster's determination to the City Manager. Any such person desiring a hearing shall file a written demand with the City Clerk within seven days after notification of the harbormaster's decision. The request for appeal must include a detailed explanation describing the reasons and basis for appeal. Failure of the appellant to request or attend a scheduled hearing shall be deemed a waiver of the right to such a hearing and the harbormaster's decision shall be final.The decision of the harbormaster will remain in effect during the appeal period. CITY OF SEWARD,ALASKA 111 ORDINANCE 2023-008 (b) Hearing procedure. The hearing shall be conducted within seven days of receipt of a timely written demand from the appellant, unless such person waives the right to a speedy hearing. The City Manager shall determine whether the facts are such as would lead a reasonable person exercising ordinary prudence to believe there are credible, specific and sufficient grounds supporting the harbormaster's decision. The City Manager shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The appellant has the burden of establishing by a preponderance of the evidence that the findings of fact are incorrect or that the harbormaster's decision is arbitrary and capricious. (c) Decision. Within five days after the conclusion of the hearing, the City Manager shall issue a written decision. A copy of the decision shall be provided to the appellant. The decision of the City Manager is final. Chapter 7.15.- Campgrounds, Parks and Open Spaces 7.15.010- Camping,municipal. (a) No camping, other than as specified in section 15.10.226, shall be allowed within the City limits except in areas designated as municipal campgrounds by resolution of the City Council or in private camper parks operating under a permit. "Municipal campgrounds" means campgrounds owned or operated by the City and designated as public campgrounds by resolution of the City Council. Fees for camping in municipal campgrounds shall be set by resolution of the City Council.Camping on private land is subject to Chapter 8.15 and Chapter 15.10. (b) Persons camping must be housed in a camping unit as defined in [section] 8.15.110. (c) Disabled and/or senior citizens age 62 and over may camp for extended periods of time provided that they first obtain a special permit and monthly pass from the City Parks and Recreation Department. Tents or structures of plastic sheeting, canvas or similar materials are not eligible for monthly passes or special permits. (d) Camping in municipal campgrounds shall be allowed between April 15 and September 30 each year, provided, however, that the City Manager may modify the opening of municipal campgrounds until such time as staffing and weather conditions permit such use. In no event shall camping by one party be allowed for more than 14 consecutive days in one municipal campground except as noted in (c). Except for those areas opened for camping by resolution of the Council or stated in subsection(e)below, all municipal campgrounds shall be closed to camping beginning October 1 through April 14, annually. (e) Winter camping shall be permitted at a designated municipal campground. In no event shall camping by one party be allowed for more than 14 consecutive days in one camping space. (f) Persons camping in violation of this section are subject to citation, eviction and/or impoundment by authorized personnel. Persons camping who violate posted camping regulations may have their camping permits revoked and may be evicted by authorized 111 personnel. Citations or complaints by authorized personnel shall include a complete description of the violation and any contact between the violator and parks staff. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 7.15.015 -Recreational trails—Commercial activity prohibited. Any public use trail located in a public park property or public right-of-way, constructed solely for the recreational pursuits and enjoyment of citizens and designed for bicycling,hiking and/or cross- country skiing, shall be restricted from all uses involving commercial, retail activities and use by vehicles for hire, including, but not limited to, motorized vehicles, bicycles, pedicabs, rickshaws and animal-drawn carriages. 7.15.020-Municipal campgrounds, registration and permits. Municipal campgrounds are designated as fee areas. Unless otherwise posted, persons camping shall self-register and pay the established fees as posted before occupying a campsite. A valid camping permit must be visibly displayed and attached to all camping units at all times. Failure to self-register and pay the established fee shall result in a fine of$50.00. If fine is paid within ten days, the fine shall be reduced to $25.00. For the purposes of this chapter, camping is defined as occupying a camping unit. A camping unit is defined in 8.15.110. 7.15.025 -Parks development and improvements. All developments and improvements to City-owned park facilities shall require the prior approval of the City Parks and Recreation Director. Chapter 7.20.-Cemeteries and Burials 7.20.010- Purpose and intent. It is the intent of this Code to establish a community cemetery with adequate administrative and maintenance provisions to provide for proper burial;ensure the continuity of its operation;provide for accountable record keeping; provide for protection of public property; and provide for the safety,health and welfare of the public. 7.20.015-Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations will have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number,words in the singular number include the plural number and words in the masculine gender include the feminine.The word"will"is always mandatory and not merely directory. Burial (interment)means the permanent disposition of the remains or cremains of a deceased person by crypt or vault entombment,inurnment of cremains in a niche or container,or earth burial. Disinterment (exhumation) means the legal removal of a deceased person's remains from a grave. Burial lot means a single platted parcel of land within a cemetery designed for interment of human remains. Includes grave,plot, site or space. Burial preparation means the excavation,backfill and removal of excess material from a burial lot and replacement of the turf. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 Burial permit means a valid City permit allowing the burial of a deceased person in any cemetery. A valid State of Alaska burial permit is required to obtain a City permit. Cremains means the cremated remains of a deceased person. Cemetery means a burial park for earth and crypt interments. City means the city of Seward. Grave reservation permit means a revocable use permit to reserve a burial lot(s) in the cemetery. Memorial means any marker,monument,tablet,headstone or structure upon or in a burial lot, niche or crypt placed thereupon for the identification or memory of the interred. Perpetual care means attending to the normal and reasonable maintenance of burial lots, the grounds,walks,roadways,boundaries and structures in order that the grounds shall remain and be reasonably cared for as cemetery grounds forever. By way of illustration it includes cutting of grass at reasonable intervals;removal of rubbish; general care and pruning of trees and shrubs that may be along the walks,roadways and boundaries. It does not include unique or special provisions for the care or cultivation of any special flowers,shrubs,trees or other plants on any lots and grave spaces; nor the repairing, removal, replacement, reconstruction or maintenance of monuments or memorials;nor the construction or reconstruction of any marble, granite,bronze or concrete work on any lot where same is damaged from any cause whatsoever. Remains means any part or parts of the body of a deceased person. Reservation means reserving a burial lot(s) in advance of interment, and does not imply any fee simple transfer of ownership. (See "grave reservation permit.") 7.20.020- Generally applicable to private and public cemeteries. (a) Permits required. (1) There shall be no burials or exhumations within any cemetery within the city or under city ownership without an appropriate city burial/exhumation permit issued in accordance with the provisions of this chapter. (2) City permitting will be in addition to any provisions or authorization, if required, in cemeteries owned and/or operated by private organizations. (b) Burial. (1) It shall be unlawful to bury any human remains within the corporate limits of the city except in a platted and duly authorized cemetery. (2) The remains of any person may not be exhumed without submission of a valid state of Alaska permit and any applicable fees. (c) Markers. (1) A permanent marker identifying the person interred must be placed on a grave within one year of interment. (2) Minimum and maximum marker size and type must be in accordance with rules and regulations adopted by the City Council. (d) Records. (1) The city will permanently maintain records of all burial and exhumation activity in all private and public cemeteries within the city or under city ownership. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 I (2) The city will permanently maintain official maps of all cemeteries within the city or under city ownership depicting burial or exhumation locations. The city will not be responsible for the accuracy of burial records prior to the enactment date of this chapter. 7.20.025 - City cemetery created. (a) All that portion and parcel of lands described as the Woodlawn Cemetery Plat,dated October 17, 1916, and Lot 1,Fort Raymond Subdivision Plat No. 87-12, dated July 2, 1987,both filed in the Seward Recording District and owned by the City of Seward, are hereby set aside and dedicated for cemetery purposes as a burial place for the dead and, subject to the provisions of this chapter, are open to all persons regardless of race, creed, color, religion or national origin. (b) The Woodlawn Cemetery is considered to be historic and not open to new burials. (c) The city manager will cause the city cemetery to be surveyed,laid out and platted into burial lots, duly numbered, and a map thereof made and filed with the city clerk. 7.20.030- Rules and regulations—Promulgation and authority. (a) All land within the city cemetery and within any extension of the cemetery at any time hereafter made will be subject to and regulated and controlled by the provisions of this chapter and any rules adopted by the city. The police power of the city is extended over all of the cemetery. (b) The city manager may promulgate rules and regulations, subject to approval of the City Council, governing the use, maintenance and operation of city owned cemeteries, including but not limited to the: (1) Replat, change of boundaries or grading of any part thereof; (2) Reservation,use and disinterment of any burial site; (3) Type and size of burial markings,decorations and memorials; (4) Issuance of permits for the reservation,use and disinterment of burial sites; (5) Establishment of fees for service and permits issued in connection with the cemetery; (6) Interment locations, space, capacity; (7) General access including pedestrian and vehicle traffic; and (8) Maintenance,landscaping, care, construction, repairs and grave preparation. (c) Said rules and regulations will be on file with the city clerk and available for perusal by any interested person upon request during regular city business hours. (d) Within the guidelines established by said rules and regulations, the city manager will have the final administrative responsibility for management of city owned cemeteries. 7.20.035-Operation of cemetery. The city reserves the right at any time to enlarge, reduce, replat or change the boundaries of city cemeteries or any part thereof; to modify, change location, move or regrade roads, drives, walks or any part thereof; to lay, maintain, operate, alter or change pipelines, gutters, sprinkler systems or drainage; and to relocate grave sites or allow disinterment upon proper legal authority. The city CITY OF SEWARD,ALASKA ORDINANCE 2023-008 reserves for itself the perpetual right of ingress and egress over all plots for the purpose of maintenance,operations or any emergency work necessary to the operation of the cemetery. 7.20.040-Burial site reservations. (a) Upon establishment of rules and procedures by city council resolution, burial sites may be reserved on a first come, first served basis by any person for himself or immediate family members to a maximum of ten burial sites. In order to encourage family grave lot use and to discourage institutional speculation, funeral homes and other similar corporate or business entities are excluded from acquiring burial sites except for a specific immediate burial. (b) The city manager will maintain burial reservation records to include at a minimum the name and address of the permittee and the date of reservation. The city manager will not authorize the use of reserved burial sites by anyone other than the purchaser or his properly designated representative. (c) Burial reservation rights to any unused plot may be relinquished to the city but may not be sold to a third party. (d) Reservation fees for a space vacated due to exhumation will not be refunded, and the burial site will return to the pool of unreserved sites. 7.20.045-Cemetery funding. In order to provide for the management, operation and improvement of the cemetery, it will be the duty of the city to account for all receipts and expenditures arising from burial site reservations, operation fees, donations and other sources to be exclusively used, under the direction of the city council, in payment for operations and improvements to the cemetery. 7.20.050-Grave preparation. All grave openings, closings, site preparation, interments, exhumations, marker placement and removals will be in accordance with rules and regulations adopted by the city council. 7.20.055- Standards for grave markers. No memorial marker will be accepted which does not conform to standards for memorials as specified in rules and regulations adopted by the city council. 7.20.060- Care of cemetery. (a) The city will maintain or cause to be maintained the general cemetery appearance including any driveways, gates or fencing and may close access to such facilities for the protection of public property or to provide for the safety, health and welfare of the public. (b) The city will take reasonable precautions to protect all grave markers within the city cemetery from loss or damage,but expressly disclaims any responsibility for loss or damage from causes beyond such reasonable precautions.The city will not be responsible for damages incurred directly or collaterally and caused by or resulting from thieves, vandals, malicious mischief or accidents. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 7.20.065-Enforcement. The city manager or his designated representative will enforce all cemetery regulations. 7.20.070- Prohibited acts. (a) Deposit of materials. No person will deposit any rubbish, filth, waste or other unclean or unsightly substance in the cemetery. (b) Vehicle operation limitations. Except as authorized by the city manager or his designee for the operation of the cemetery, it is unlawful for any person to operate or drive any vehicle, motorized or non-motorized, in the cemetery except on the established roadways and in accordance with the city code. Vehicles may not exceed a speed of 10 MPH. No vehicle may enter the cemetery except for the purpose of attending funerals,visiting graves or other lawful mission. (c) Nuisance conditions designated—Abatement. Any tree, shrub, plant, fencing or other structure, enclosure, decoration, headstone, tomb, marker or monument located on any individual grave space which becomes dangerous or detrimental to the operations of the cemetery or interferes with or encroaches upon adjacent grave spaces will be removed. (d) Planting of trees, etc., prohibited without approval of city. No person may plant or set any tree, shrub, flower, grass or other plant of any kind in the cemetery without city approval. (f e) Animals. It is unlawful to ride or drive any animal upon, over or across the lands or lots of any cemetery except on established vehicle ways; or to hitch or tie any animal to any trees, shrubs,plants or other ornament within any cemetery, or permit any animal to be pastured in the cemetery. It is unlawful to bury any animal remains in the cemetery. (gfl Noise. It is unlawful for any person,except a city employee or contractor in the performance of his duty in caring for the cemetery,to willfully make any unnecessary noise or disturbance within the cemetery. 7.20.075-Violations—Penalties. Any person, firm or corporation who violates any provision of this chapter will, be subject to a fine as provided in Section 1.05.010. Each day such violation is committed or permitted to continue will constitute a separate offense and will be punishable as such hereunder. CHAPTER 7.25-MATERIAL SALES 7.25.001 -Definitions. In this chapter: (1) "Competitive sale" means a sale which is open to competitive sealed bid or proposal; q j4 CITY OF SEWARD,ALASKA ORDINANCE 2023-008 (32) "Fair market value" means the highest price described in terms of money, which material would bring if offered for sale for a reasonable time in the open market by a seller willing,but not forced,to sell to a buyer willing,but not forced,to buy,both being fully informed of the purposes for which the material is best adapted or could be used. (4) "Material" includes,but is not limited to, the common varieties of rock, sand, gravel, stone,pumice,pumicite, cinders, clay,topsoil,peat, and sod; (5D "Operator" means a person who has entered into a contract with the city under this chapter to operate and manage, and to purchase material from, a natural material site owned by the city. 7.25.003 - Interpretation. (a) Consistent interpretation and effect of invalidity. This title shall be construed to the greatest extent reasonable, in such a manner as to be consistent with applicable federal and state laws and regulations and any conveyances or agreements from or with the state pertaining to city owned land and materials. If any section of this title is declared invalid,the remaining sections shall not be affected. (b) Application in an emergency. The provisions of this title shall not be construed to limit an operator or the city from taking action necessary to protect life, limb or property in the case of an emergency. 7.25.005-Management. (a) The direetor city manager shall oversee operations and management of the city's material sources and all material sales. A management contract,if a person other than the direetor ci manager is to manage and operate the material site, shall be sought in accordance with the competitive sale procedures followed in the awarding of purchases, Title 6. (b) A manager,if selected by the city,and the manager's employees,subcontractors,and assigns shall comply with all applicable federal, state, and local laws and regulations. Compliance with the provisions of this chapter and other applicable sections of the Code of Ordinances shall be a material condition of a management contract. Failure to comply with the provisions of the code is cause for suspension or cancellation of the contract. (c) The city may authorize sales of materials to operators upon request, and in accordance with this chapter. If a management contract is in effect for a site, all requests to purchase materials from the site shall be through the manager of the site. 7.25.010-Passage of title. All right, title, and interest in or to the material remains with the city until the material has been loaded,determined as to volume or weight,removed from the site,and paid for in compliance with the contract provisions and applicable laws and regulations. Material which is not removed from the sale area and paid for by the operator within the period specified by a contract remains the property of the city. 7.25.020- Price,volume and weight determinations. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 Material prices and volumes or weights shall be determined in the manner required by a management contract or if no management contract is in effect for the site, then the fair market sales price established by the director. The direeter city manager may consider market costs, prices, values, and other information obtained from prudent operators, state and federal agencies, industry associations,price or market reporting services,or other sources and methods determined by the director to be in the best interests of the city. 7.25.025-Contract provisions. A materials contract must include,but is not limited to: (1) A description of the sale area, the maximum volume, board feet or weight of material to be removed from the sale area, the method of payment by the operator; (2) The operator's site-specific operating requirements including, but are not limited to, compliance with all applicable local,state and federal laws and regulations,requirements relating to boundary markers and survey monument protection; erosion control and protection of water; fire prevention and control; roads; sale area supervision; protection of fish,wildlife and recreational values; sale area access; safety; limitations on blast size and location and/or extraction methods with respect to the impact on adjacent and nearby properties, utilities and infrastructure; and reclamation; (3) A requirement that a performance bond be in place at all times for the duration of the contract covering, at a minimum, estimated rehabilitation costs and management agreement completion costs if performed by other than the operator; and (4) A requirement that the operator maintain insurance as determined by the city's risk manager, assumption of all risk and liability under the contract, and indemnification of the city including adding the city as an additional insured with a waiver of subrogation on all insurance policies. 7.25.030- Use of roads and facilities. The director city manager may use, and may authorize other persons to use, roads and facilities constructed and maintained by the operator during the contract period if the use does not interfere with the operations of the operator. The director city manager may also limit the maximum load capacity of all city owned and/or maintained roads and streets to preserve the integrity of the road surface, cross section, drainage, edges and intersections. Access to the facility at any time using such roads and facilities by authorized city officials in the conduct of their official duties shall not be prevented or obstructed. 7.25.035- Sale of other materials. The city reserves the right to use or sell from the sale area during the time that a materials contract is in effect material which is not covered by the contract if the director city manager finds that removal of the material will not interfere with the operations of the operator. 7.25.040 - Rehabilitation. CITY OF SEWARD,ALASKA ORDINANCE 2023-008 An operator shall rehabilitate the sale area. The contract may require the operator to submit a complete plan, to be approved in advance by the director city manager for the area which must be rehabilitated. 7.25.045-Proper location by operator. The operator is responsible for the accurate location of operations pursuant to a contract entered into under this chapter. At no time shall the operator extend material extraction operations outside the boundaries, intentionally or unintentionally, of the material extraction area unless specifically authorized in writing by the director city manager. 7.25.050-Inspection and reports. (a) Activities conducted on city land under material sale contracts are subject to inspection by the city. Books and records of an operator, and/or of a manager's contractors and subcontractors, relating to operations under the contract are also subject to inspection at any time by the city. (b) The director city manager will require the operator to submit monthly, semiannual, annual, or other periodic reports, including a final report. The reports must provide an accurate accounting of the quantity of materials removed. 7.25.055-No warranty. The city warrants neither the quantity nor the quality of the material to be removed from an area. Section 2. This ordinance shall take effect ten(10)days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this 10th day of April, 2023. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: Wells, Osenga, DeMoss, Finch, Barnwell, Calhoon, McClure NOES: None ABSENT: None ABSTAIN: None CITY OF SEWARD, ALASKA ORDINANCE 2023-008 ATTEST: Brenda J. Ba to , MMC City Clerk •,a�so���s.,, $:tOF sew(City GORP0R4 '9op% • is • SEAL • 1 .'�.,�OF A`I:os City Council Agenda Statement Meeting Date: March 28, 2023 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Ordinance 2023-008: Repealing and Re-Enacting Seward City Code Title 7— Public Property For The City Recodification Project Background and Justification: The purpose of this ordinance is to complete the recodification for Title 7. Key: The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City Manager, DH = Department Head, Clerk=City Clerk) Code Citation Source Amendment 7.05.112 Atty New section created. 7.05.410 Atty Clarifying language. 7.05.515 Atty Clarifying language. 7.05.625 Atty Delete as expired. 7.10.135 DH Updating/clarifying definitions. 7.10.340 Atty Codifying language from ordinance 2012-011; adding clarifying language regarding RCA. 7.10.360 Atty Code does not provide for a hearing officer. 7.10.511 Atty Delete as covered by AS 28.35.030 and adopted by reference in SCC 1.05.020. 7.10.548 DH, Atty, Codifying observed prohibition. Clerk 7.10.620 Atty Adding clarifying language. 7.10.730 & Atty Code does not provide for a hearing officer. 7.10.740 7.20.040 Clerk Adding specificity. 7.20.070 E Atty Delete as covered by AS 11.46.482. 7.20.075 Atty Adding clarifying language. 7.25 Atty Replace"director"with "city manager"throughout this chapter. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.8 and 3.7.1.3: Continue to review and update the city code. Strategic Plan: Other: 72 Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable ".C.:ehle-"e r 14.21325 id:°a CCT: Finance Signature: Attorney Review ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Ordinance Other: 73