HomeMy WebLinkAboutRES2023-073 McDonald Lawsuit Sponsored by: Regis
CITY OF SEWARD,ALASKA
RESOLUTION 2023-073
A Resolution of the City Council of the City of Seward,Alaska,Approving the
Lawful Action to Bring Suit Against A Non-Compliant Campground At 1823
Nash Road and Appropriating Funds in an amount Not to Exceed $10,000
WHEREAS,the property at 1823 Nash Road is currently operating as a non-permitted
campground in violation of the Seward City Code and operating on City property; and
WHEREAS, City Administration has pursued the compliance process according to code
and had numerous conversations with the property owner with the intent of bringing the
operation into compliance without taking legal action; and
WHEREAS,the property owner is in violation of Seward City Code 8.15.210 and
8.30.015; and
WHEREAS,the property owner and the City of Seward have a signed agreement dated
August 31,2022 in which the property owner agreed to obtain a business license and camper park
permit before continuing operation; and
WHEREAS, City Council approval is sought to initiate a legal action, consistent with
Seward City Code §1.05.010,to pursue civil fines and penalties, injunctive relief prohibiting
future violations and enforcement of the August 2022 agreement.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD,ALASKA that:
Section 1. The City Council approves the lawful action to bring suit against a non-
compliant campground owner to compel compliance with Seward City Code.
Section 2. Funding in the amount of$10,000 is hereby appropriated from General
Fund Unassigned Fund Balance account no. 01000-0000-3400 to Community
Development Legal Services account no. 01000-1122-7006-0090 within the 2023
Operating Budget.
Section 3. This resolution shall take effect ten days following approval.
PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this
26th day of June, 2023.
CITY OF SEWARD,ALASKA
RESOLUTION 2023-073
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THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYES: Osenga, Calhoon, Wells, Barnwell, DeMoss, Finch, McClure
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Kris Peck
City Clerk
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City Council Agenda Statement
Meeting Date: June 25, 2023
To: City Council
From: Norm Regis, Acting City Manager
Subject: Resolution 2023-073: Approving the Lawful Action to Bring Suit Against A
Non-Compliant Campground At 1 823 Nash Road and Appropriating Funds
in an amount Not to Exceed $1 0,000
Background and justification:
Seward City Code requires all campgrounds within City limits to obtain and maintain a business
license (SCC 8.30.E 5) and annual camper park permit (SCC 8.15.210). The City has been in
communication with the property owner and operator of the Mount Alice Campground located at
1 823 Nash Road since the summer of 2022 regarding the lack of compliance with these code
provisions. On August 31, 2022, the campground owner signed a Stipulation (see the attached
document) and agreed to comply with Seward City Code. The objective of the ongoing
communications and stipulation has been to bring the campground into compliance.
Since that time, the campground has resumed operation without obtaining the business license
and annual camper park permit. City Administration requests City Council approval to take legal
actions necessary to ensure the campground ceases to operate until such a time as compliance
with City Code is achieved.
8.15.210 Mobile home park and camper park annual permit required.
A. No person may develop, operate or maintain a mobile home park or camper park without
first obtaining an annual permit in accordance with this chapter.
B. The permit shall be issued by the City Clerk after investigation and inspection by the City
Building Inspector and Fire Chief.
C. The annual permit, along with a copy of this chapter, shall be posted in a conspicuous
location on the premises of the mobile home park or camper park at all times.
D. All mobile home parks, camper parks, or other trailer courts in existence in any area
annexed to the City in the future shall have 90 days subsequent to such annexation to
obtain a City permit.
E. The City Council may by ordinance restrict the total number of mobile home park permits
and camper park permits to be issued.
(Ord. 522, § 2 (part), 1984; Ord. No. 2018-002, § 3)
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8.30.015 Business license required.
A. No person may engage in a business in the City without first obtaining an annual business
license as provided in section 8.30.025 of this chapter.
B. A separate business license is required for each business.
(c) The business license or approved duplicate license shall be displayed prominently at the
site of the business.
(d) A business license may not be sold, assigned, transferred or otherwise conveyed. If a
person ceases to engage in business or changes the name, nature or business location, the
business license expires.
(Ord. 94-20)
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 2.1, 2.2 Community Vision and Values
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 10,000
This legislation (✓)
Creates revenue in the amount of: $
x Creates expenditure in amount of: $ 10,000
Creates a savings in the amount of: $
Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
x Not budgeted
Not applicable
Fund Balance Information
Affected Fund (✓)
x General SMIC Electric Wastewater
Boat Harbor Parking Water Healthcare
Motor Pool Other
Note: amounts are unaudited
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155
Available Fund Balance $
Finance Director Signature:
Attorney Review
x Yes Attorney Sam Severin 6/15/2023
Signature:
Not applicable Comments:
Administration Recommendation
eAdopt Res.
Other:
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