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HomeMy WebLinkAboutOrd1958-283 II 0'. - CITY OF SEWARD, ALASKA Ordinance No. 283 AN ORDINANCE PROVIDING FOR FIRE PROTECTION AND A FIRE DEPARTHENT AND TO ESTAB- LISH FIRE LIMITS WITHIN THE CITI OF SE'WARD, ALASKA AND SPECIFICALLY AHENDING SECTION ONE OF ORDINANCE NUMBER 7. BE IT ORDAINED by the City Council of the City of Seward, Alaska as follows: That Section One of Ordinance Number 7 be and it is hereby in its entirety amended to read as follows: SECTION 1. A Fire Department is hereby established in and for the City of Seward, Alaska to be known as the "Seward Volunteer Fire Department" and shall consist of so many members as may be recorunended from time to time by the Fire Chief through the City Manager and approved by the City Council; and any exist- ing fire engines, auxiliary vehicles and general fire fighting or rescue equi~- Ilment or any thereof that may hereafter be acquired; and shall have a Chief of 'Ithe Fire Department who shall be chosen from among the members of the Depart- Iment by the members thereof and appointed by the City Manager with approval of Ithe City Council. I I IIWarden of the City of Seward, Alaska. I: II Members of the Fire Departrnent who shall answer to roll call in the Fire Ii I!Hall after having participated in the extinguishment of any fire, or on return :1 I from any necessary call-out shall be entitled to and shall receive from the ! ! General Fund of the City such sums as may be established by the Council from I: Ii time to time for that purpose. II An emergency is hereby declared to exist, and in the public interest the The Chief of the Fire Department shall be ex officio Fire I: rules governing the passage of ordinances are hereby suspended and this ordi- I i nance shall be given effect immediately upon its passage and approval. , Passed and approved this 21st day of January , 1958. APPROVED:! -., ,~ -6r: ACti~g Mayor - City /- / "/ .~~~ of/Seward, Alaska I ATTEST K<~t;'Ci./crJ~ t, -2- SECTION 4. Clearing Sidewalks of Snow and Ice; Assessment for: Lien of Assessment: Payment, Penalty and Interest. (a) At the first regular meeting of the City Council held in the month of May of each year the City Clerk shall submit a certified roll upon which shall be listed the names of property owners, description of properties and the amounts expended by the City of Seward for the removal of snow and/or ice from the sidewalk or sidewalks abutting and bordering each of the listed properties during the previous winter season and the date or dates when each such removal was effected. (b) The roll thus submitted shall be titled nSpecial Snow and Ice Removal Assessment RolIn and shall be considered by the City Council who shall, by Resolution declare such expenditure of public funds to be assessed in the amounts totaled against the respective premises and shall in said Resolution fix a time within which said assessments shall be paid and at which time the assessments shall become delinquent which time shall not be less than sixty (60) days subsequent to the adoption of such Resolution. (16-1-86 ACLA 49) (c) Any such assessment which shall not be paid before delinquency shall be subject to a penalty in an amount equal to 15~ thereof and the amount of said assessment plus said penalty shall draw interest at the rate of 8~ per annum from the date of said delinquency until paid in full. SECTION 5. Notice of Ordinance to be Posted. I I' I I notice in three public places, two of which shall be the City Hall of the City During the first week in October of any year, the City Clerk shall post a of Seward and the United States Post Office for the City of Seward, which said notice shall remain continuously posted for a period of not less than 10 days; said notice shall contain at least the following: (a) Notice that the Ordinance imposes upon the owner of real property the obligation to keep clear of snow and ice the paved or graded sidewalks front- '. ing, bordering or abutting their respective premises. (b) Notice that the Ordinance requires that removal of snow and ice from sidewalks be accomplished within twenty-four (24) hours after the cessation of visible precipitation. (c) Notice that any person required to remove snow and/or ice from side- walks who shall fail to effect such removal within the time therein above set r , :1 , II . I I I Ii I I -3- forth shall be deemed in violation of the Ordinance and the sidewalk or side- walks shall be deemed in a non-conforming condition. (d) That in the interest of public safety the City of Seward will proceed on its own initiative to eliminate the non-conforming condition of sidewalks by effecting the removal of the accumulated snow and/or ice therefrom and assess the cost thereof against the respective premises. (e) The City Council will at its first regular meeting in the month of May find and declare the amounts so expended by the City of Seward and assess them against the premises and shall set forth the dates when said assessment shall become due and delinquent and the penalty and interp.st to attach in event of delinquency. (f) That timely removal of snow and/or ice being the essence of public safety, that the notice so posted shall constitute due notice of the require- ments of the Ordinance of the assessment to be made should the City of Seward be forced to effect the removal of such snow and/or ice from any sidewalk that may be allowed to fall into a non-conforming condition. (g) Within five days after the required ten days posting of such notice II II shall have elapsed the City Clerk will append to a certified copy thereof an II II 'I I affidavit of posting stating where and when facsimile copies of the notice were posted and that they remained so posted in such places for a continuous period of ten consecutive days thereafter, such affidavit shall be filed by the City Clerk and shall be conclusive as to the facts set out therein. SECTION 6. Within ten days after the Resolution fixing the time of delin- quency shall be adopted by the Council, the City Clerk shall mail with postage prepaid a notice to the owner of each parcel of property assessed, which not- ice shall designate the property, the amount of the assessment, the time of delinquency and the amount of penalty and interest to accrue in event of delinquency. SECTION 7. Within five days after the notices above required to be mailed have been duly deposited in the Post Office, the City Clerk shall file his affidavit setting forth such mailing, which affidavit shall be conclusive as to the facts therein set out. IU -4- for SECTION 8. The Assessments herein provided/shall be a first prior and paramount lien upon the property assessed and, when delinquent, shall be enforced in the same manner as now or hereafter may be provided for the col- lection and enforcement of general taxes. SECTION 9. Rep3 aler. Any Ordinances or parts thereof in conflict herewith are hereby to the extent of such conflict rep3aled. An emergency is hereby declared to exist, and in the public interest the rules governing the passage of ordinances are hereby suspended and this ordi- nance shall be given effect immediately upon its passage and approval. Passed and approved this 21st day of Tanuar~, 1958. l\.PPROVED: -I/: - City 7- Achng A'ITEST: ~*/~ City Clerk