Chapter 8.06
TRASH AND JUNK
Sections:
8.06.020 Public nuisances prohibited – Enumeration.
8.06.025 Public nuisance abatement.
8.06.030 Violations, enforcement, and penalties.
8.06.040 Civil penalty and statutory injunction.
8.06.005 Definitions.
When used in this chapter, the following words and phrases shall have the meaning set forth in this section:
“Abandon or abandonment” shall be defined as existing where the owner of a building or premises has, by action or inaction, failed to correct a serious health and/or safety violation at a building or on the surrounding property. A serious health and/or safety violation may be found, by way of example only and without limitation, where the health, safety and welfare of the community is or may be at risk due to conditions such as:
A. Where a building is vacant. However, vacancy is not necessarily to be considered a prerequisite to a finding of abandonment;
B. Where there exists a lack of maintenance of a building or grounds which actually or potentially poses a risk to the public health, safety or welfare;
C. Where a building is not structurally sound or where the building or its interior is otherwise unfit for healthy or safe habitation or access;
D. Where vandalism at the property has gone unrepaired; or
E. Where a lack of maintenance or use of the property promotes a degradation of the surrounding community affecting the public health, safety and welfare.
“Junk vehicle” means a vehicle that:
A. Is not currently registered under AS 28.10, except for a vehicle not currently registered under AS 28.10 and used exclusively for competitive racing;
B. Is stripped, wrecked, or otherwise inoperable due to mechanical failure;
C. Has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle; or
D. Is in a condition that exhibits more than one of the following elements:
1. Broken glass;
2. Missing wheels or tires;
3. Missing body panels or parts; or
4. Missing drive train parts.
“Junk vehicle parts” means parts of vehicles which are removed, dismantled, wrecked, discarded, abandoned, damaged, or are no longer suitable for their original use without repair, reprocessing, reconditioning or reinstallation. Each outdoor area of 200 square feet that is substantially occupied by junk vehicle parts shall be considered equivalent to a junk vehicle.
“Litter” means all improperly discarded waste material, including but not limited to convenience food, beverage and other product packages or containers constructed of steel, aluminum, glass, paper, plastic and other natural and synthetic material, thrown or deposited on the lands and waters within the boundaries of the City.
“Trash” means garbage, damaged, spoiled, discarded or waste tangible material including, but not limited to, food containers, paper products, cloth, fabric, plastics, wood or metal, household items, waste byproducts, manure, liquids or other effluent, which are not intended for reuse or are no longer suitable for their original use without major repair or reprocessing, and any tangible material that is, by evidence of its location and disposition, discarded or treated as waste. (Ord. 04-05 § 4, 2004; Ord. 12-24 § 4, 2013)
8.06.010 Public nuisance.
The following are declared to be a public nuisance subject to regulation by the City:
A. The accumulation of junk or trash which is determined by the City to detract from the character of the neighborhood, interfere with the rights of other people to use and enjoy land, water, or cause a detriment to the public’s health, safety, or welfare.
B. Three or more junk vehicles, parts, or junk and trash kept in a manner prohibited by this chapter.
C. Vacant, abandoned, unoccupied buildings are a public nuisance, except those that have been boarded up at all doors, windows, and other openings sufficiently to prevent ingress and otherwise secured.
D. Junk, trash, garbage, or junk vehicles or other waste upon a street, right-of-way or City-owned property.
E. The burning of trash and litter that the ash or products of combustion can be detected from an adjacent property, as defined by the presence of fine particulate matter (PM2.5) of 100 parts-per-million or higher. (Ord. 04-05 § 4, 2004; Ord. 12-24 § 4, 2013; Ord. 23-15 § 4, 2023; Ord. 23-19 § 1, 2023)
8.06.015 Exceptions.
This chapter does not apply to the following activities if operated in accordance with other applicable federal, state, or City law:
A. Commercial or public storage facilities, junk/salvage yards, refuse areas, landfills, trash transfer sites, and septic waste facilities.
B. Inoperative and unlicensed vehicles that are located on the premises of legally operating motor vehicle sales, service, and repair businesses if the vehicles are subject to an active repair order and will be removed within a reasonable time frame. (Ord. 04-05 § 4, 2004; Ord. 12-24 § 4, 2013)
8.06.020 Public nuisances prohibited – Enumeration.
A. No person shall allow, maintain or permit a public nuisance to exist.
B. The City shall have met its burden of proof for a public nuisance if the items constituting a public nuisance are in plain view from the public right-of-way or easement for a period of 30 calendar days.
C. The City shall have met its burden of proof for a public nuisance if there is reason to believe that, by action or inaction, the property owner has failed to correct a serious health and/or safety violation at or near any building or on the surrounding property. (Ord. 04-05 § 4, 2004; Ord. 12-24 § 4, 2013; Ord. 23-15 § 4, 2023)
8.06.025 Public nuisance abatement.
A. The Mayor or his designee may investigate any junk vehicle or area with accumulated junk and trash to determine if the subject items constitute a public nuisance that detrimentally affects the public’s health, safety, and welfare or significantly reduces the value of surrounding property or businesses, unreasonably detracts from the character of the surrounding neighborhood, or substantially interferes with the rights of other people to use and enjoy land and water. The Mayor’s/Council’s or designee’s determination shall include findings supporting the decision.
B. Upon determination that a public nuisance exists, the Mayor/Council or designee may issue an enforcement order in accordance with Chapter 1.16 HMC to the owner of the property upon which the junk, trash, or litter is located, and to any owner’s agents, occupants, tenants, operators, or any other person responsible for the junk and trash.
C. The enforcement order may require abatement of the public nuisance and may require provision of visual screening, cessation and removal of the hazard and nuisance, relocation, containment, remediation, decontamination, and other measures authorized under this chapter. If removal is required, the enforcement order shall require proof of legal and proper disposal of the subject junk, trash, or waste. The enforcement order shall provide a reasonable time frame for the property owner to bring the property into compliance. Restoration may be required for any structure, vegetation, land, water body, or other thing that is destroyed, damaged, altered, or removed in violation of this code. A reasonable time frame for the restoration, remediation and cleanup shall be determined by the City after taking into consideration weather conditions and the winter season.
D. Nothing in this section shall be construed to limit the right of the City, pursuant to common law, to summarily abate a public nuisance. (Ord. 04-05 § 4, 2004; Ord. 12-24 § 4, 2013)
8.06.030 Violations, enforcement, and penalties.
A. Trash or junk determined to be a public nuisance under this chapter is a violation of City code.
1. Except as otherwise specified in this chapter, violations of this chapter are infractions.
2. Penalties and remedies for violations of this chapter are as provided in Chapter 1.16 HMC.
3. The City shall recover all costs and fees for the clean-up and restoration of the property including: towing, storage, soil remediation, disposal fees, environmental restoration costs, attorney fees and court costs.
B. An enforcement order may be issued which describes the violation of the code and specifies the infraction and order. The enforcement order will require the property to be brought into compliance within 30 calendar days unless the City stipulates in writing that there is good cause to extend the deadline. Enforcement orders may include:
1. The discontinuation of a use, activity, development, or occupancy;
2. The abatement, or removal of development, structures, materials, vehicles, equipment, or other items;
3. The restoration, repair, or replacement necessary as a result of a violation or to eliminate a violation; or
4. Any other lawful action considered necessary by the City to prevent, abate, or discontinue a violation of this code and to bring the violation into compliance with this code, including, but not limited to, abatement, citations and fines.
5. The enforcement order shall be posted, personally served, mailed by certified mail, or served in another lawful manner to the property owner. All activity listed in the enforcement order shall cease until the order is rescinded or removed, or a continuance is authorized in writing by the Mayor or the Mayor’s designee.
6. To avoid or abate an imminent or existing nuisance or hazard to public health, safety or welfare an enforcement order does not need to be issued before any lawful action is commenced with respect to a violation of this code.
7. The pendency of any proceeding regarding an enforcement order issued does not stay any other legal action with respect to the violation that is the subject of the enforcement order. (Ord. 04-05 § 4, 2004; Ord. 12-24 § 4, 2013; Ord. 23-15 § 4, 2023)
8.06.040 Civil penalty and statutory injunction.
Pursuant to AS 29.25.070(b), the City may institute a civil action against any person who violates any provision of this chapter. In addition to injunctive and compensatory relief, a civil penalty may also be imposed for each violation. An action to prohibit a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation, the Superior Court shall grant the injunction. Each day a violation of this chapter continues constitutes a separate violation. (Ord. 12-24 § 4, 2013)