Chapter 8.98
FEES FOR POLICE PROTECTION SERVICES
Sections
8.98.020 Fees for police protection services
8.98.030 Notice to property owner
For statutory provision, see AS 29.35.125.
8.98.010 Definitions
In this chapter, unless otherwise specified or unless the context requires otherwise:
“Dwelling unit” means a structure or portion thereof providing independent and complete cooking, living, sleeping and toilet facilities for one or more persons living as a single housekeeping unit.
“Excessive police response” means each police response in excess of eight to a single dwelling unit in a residential property.
“Owner,” when used in reference to a residential property, means the record owner or owners of the residential property as shown in the real property records.
“Police response” means that one or more police officers goes to a residential property in response to a call for assistance, a complaint, an emergency or a potential emergency; provided, that the term “police response” does not include a response to a call involving potential child neglect, potential domestic violence as defined in AS 18.66.990, or potential stalking under AS 11.41.260 or 11.41.270.
“Residential property” means a parcel, tract or lot, shown as an individual unit on the most recent plat of record, that contains one or more dwelling units. [Ord. 1181a §1, 2005]
8.98.020 Fees for police protection services
(a) Subject to subsection (b) of this section, the owner of a residential property shall pay the city a fee of $150.00 for each excessive police response to the residential property during a calendar year.
(b) The owner of a residential property shall be liable for the fee established by subsection (a) of this section only if:
(1) The city has notified the owner in writing as provided in KCC 8.98.030 that the fee will apply to each excessive police response to the residential property during the calendar year;
(2) The time allowed for appropriate corrective action under KCC 8.98.040 has expired; and
(3) The owner has not taken appropriate corrective action as required by KCC 8.98.040.
(c) If a residential property has more than one owner, all owners shall be jointly and severally liable for any fee imposed under this section.
(d) For residential property owned as a condominium, a fee based on excessive police response to a single dwelling unit shall be assessed against the owner of the dwelling unit. [Ord. 1181a §1, 2005]
8.98.030 Notice to property owner
(a) The city shall notify the owner of a residential property in writing when there have been eight police responses in the current calendar year to a single dwelling unit in the residential property.
(b) A notice under this section shall be given in a manner that is reasonably calculated to provide actual notice to the owner of the residential property. At a minimum, the notice shall be sent by certified mail, return receipt requested, to the mailing address of the owner as shown on the city or borough real property tax records. If the residential property has a different street address, the notice shall be sent to that street address. The city shall also give notice in a similar fashion at another address where it appears more likely that the owner will receive actual notice at that address. Such other address may include, without limitation, an address identified from the telephone directory, public records, or prior police contacts with the residential property or the owner. The notice shall also be posted at the principal entrance to the residential property.
(c) The notice shall:
(1) Identify the residential property that is the subject of the notice by street address and legal description, and identify the dwelling unit to which the police responses have been made if there is more than one dwelling unit in the residential property;
(2) State that there have been eight police responses to a dwelling unit in the residential property during the current calendar year;
(3) State that if the owner does not take appropriate corrective action, the owner will be liable for a fee for each excessive police response to the residential property during the calendar year;
(4) Identify the amount of the fee per excessive police response to the residential property; and
(5) State the name and telephone number of a representative of the city to contact concerning the notice. [Ord. 1181a §1, 2005]
8.98.040 Corrective action
(a) An owner of a residential property shall have 30 days from the date of the mailing of the notice required under KCC 8.98.030 to promptly take appropriate corrective action in response to the notice. Appropriate corrective action shall be action that reasonably would be expected to correct the cause of the police responses to the residential property, and may include, without limitation, written notice to quit under AS 9.45.100 through 9.45.110.
(b) There shall be no fee assessed for additional police responses to the residential property that is the subject of the notice during the 30-day corrective action period allowed under subsection (a) of this section, if the owner takes appropriate corrective action during the 30-day period. The owner shall be considered to have taken appropriate corrective action if there are no additional police responses to the residential property from the end of the 30-day period until the earlier of:
(1) The end of the calendar year; or
(2) A date 90 days after the end of the 30-day period allowed under subsection (a) of this section. [Ord. 1181a §1, 2005]
8.98.050 Lien on property
(a) A fee imposed under KCC 8.98.020 shall be recorded as a lien on the residential property to which there has been an excessive number of police responses.
(b) The lien shall become effective upon the recording of a notice of the lien that describes the residential property that is the subject of the lien, states the amount of the fees for which the lien has been recorded, and states that the lien has been recorded pursuant to this section.
(c) When notice of a lien has been recorded under subsection (b) of this section, the lien has priority over all other liens except:
(1) Liens for property taxes, special assessments, and sales and use taxes;
(2) Liens that were perfected before the recording of the lien under this subsection; and
(3) Mechanics’ and materialmen’s liens for which claims of lien under AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded before the recording of the lien under this section. [Ord. 1181a §1, 2005]