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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 isEJ 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 (City• �e�l►�.u.,,. SEAL S � = �'. s°:ENE 1,1°� �,�'�`' sss •SSsf��/11t3%,, f 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) Page 1 of 3 154 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 Page 2 of 3 155 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: Page 3 of 3 156