Chapter 8.02
PUBLIC HAZARDS
Sections:
8.02.020 Unwholesome wells or ground water.
8.02.030 Groundwater and soil contamination from garbage prohibited.
8.02.040 Open excavations, basements, pits and unsecured buildings prohibited.
8.02.050 Privies and outhouses.
8.02.060 Junk vehicles – Heavy equipment.
8.02.110 Violations and penalties.
8.02.120 Abatement – Notices – Costs – Fines.
8.02.010 Purpose of chapter.
The purpose of this chapter is the protection of the public health, safety and welfare of the people of the City of North Pole and to address public hazards that may require corrective action in order to prevent further harm to the City and or residents that may include abatement by the City. (Ord. 18-24 § 2, 2018; Ord. 18-09 § 2, 2018; Ord. 18-02 § 2, 2018)
8.02.020 Unwholesome wells or ground water.
A. Any wells or ground water which is impure, contaminated or unwholesome, or which has been rendered impure, contaminated or unwholesome by reason of any defiling, hazardous substance, or poisonous substance, is declared a nuisance and public hazard injurious to health; and no person or corporation shall cause, maintain or continue such nuisance-hazard.
B. “Hazardous substance” is defined as:
1. Any material, element or compound that is defined as a hazardous substance under the laws or regulations of the State of Alaska or the United States; or
2. Any material, element or compound that, when it enters into or on the surface or subsurface land or water, endangers the public health or welfare, or fish, animals, vegetation or any part of the natural habitat in which they are found; or
3. Any substance the Alaska Department of Environmental Conservation considers a regulated contaminant; or
4. Any substance not defined by AS 46.03.826 or 46.09.900, 18 AAC 75.990, 42 USC 9601 through 9657, or 29 CFR 1910.1200 or listed as a regulated contaminant under 18 AAC 75 shall be considered a “hazardous substance” when present in ground water in excess of tap water levels as defined by the Environmental Protection Agency’s Regional Screening Level User’s Guide.
C. A person or corporation whose well or ground water has been rendered impure, contaminated or unwholesome by a hazardous substance that originated from the property of another shall not be in violation of this section or subject to the provisions of NPMC 8.04.120. (Ord. 18-24 § 2, 2018; Ord. 18-09 § 2, 2018; Ord. 18-02 § 2, 2018)
8.02.030 Groundwater and soil contamination from garbage prohibited.
No person shall throw or place anything defiling, or any poisonous substance, decayed animal or vegetable matter or filth into, or cause or allow the same to pass or enter into, any creek, well or river water or into any water pipe within the City whereby such water is rendered impure or unwholesome. (Ord. 18-24 § 2, 2018; Ord. 18-02 § 2, 2018)
8.02.040 Open excavations, basements, pits and unsecured buildings prohibited.
A. It is unlawful for any person or persons to maintain any hazard listed in this section.
B. All open pits, unfilled excavations and open pit foundations except gravel pits are declared to be a public hazard, except that this subsection shall not apply to any of the above conditions where construction of a building is actively underway under a proper building permit and where the construction has not been suspended for more than fifteen days or that is secured with fencing or barricades.
C. All buildings which are unoccupied, abandoned or deteriorated should be locked up, boarded up or otherwise secured from ingress or egress as to not invite trespassers and malicious mischief.
1. If a building has broken windows or door points-of-entry, this constitutes a hazardous condition and all broken windows or door points-of-entry shall be boarded and secured.
D. Attractive hazards dangerous to children in the form of:
1. Abandoned and broken equipment; or
2. Hazardous holes or excavations; or
3. Neglected machinery; or
4. Abandoned automobiles or appliances; or
5. Any other condition that may attract unwanted trespassers and malicious mischief. (Ord. 18-24 § 2, 2018; Ord. 18-02 § 2, 2018)
8.02.050 Privies and outhouses.
A. No person shall maintain any outdoor pit privy (outhouse) within the City, and such is declared to be a hazard to the good health of the community and a nuisance.
B. This section does not apply to portable outhouse or toilet facilities where the waste is pumped and/or treated. (Ord. 18-24 § 2, 2018; Ord. 18-02 § 2, 2018)
8.02.060 Junk vehicles – Heavy equipment.
A. It is unlawful for any person to place upon public property not set aside by law as a refuse disposal site, or upon any private property, except licensed junk yards, in excess of four wrecked, junked or abandoned vehicles and/or pieces of heavy equipment.
B. It is unlawful for any owner, lessee, agent, tenant or occupant to allow or permit to remain on any property owned or controlled by him, except licensed junk yards, in excess of four wrecked, junked or abandoned vehicles and/or pieces of heavy equipment.
C. A motorized vehicle or piece of motorized equipment is deemed to be “wrecked, junked or abandoned” for the purpose of this section if two or more of the following conditions exist:
1. It is without a valid current registration or license with the State of Alaska (if applicable);
2. It is not operational due to mechanical failure or condition;
3. It has remained inoperable for one hundred eighty consecutive days on private property;
4. It is extensively damaged, such damage including but not limited to any of the following: broken window or windshield; or missing wheels, tires, motor, or transmission;
5. It is equal in value only to the fair market value of the scrap/parts in it. (Ord. 18-24 § 2, 2018; Ord. 18-02 § 2, 2018)
8.02.100 Enforcement.
A. The City Mayor, Police Chief or designated representatives are authorized to enforce the provisions of this chapter.
B. Any person may file a complaint under this chapter with the Mayor or Police Chief and request enforcement of the alleged violation. (Ord. 18-24 § 2, 2018; Ord. 18-02 § 2, 2018)
8.02.110 Violations and penalties.
A. A person who violates any provision of this chapter shall be guilty of a minor offense, punishable by the fine listed in the fine schedule in NPMC 1.20.030 or if no fine is listed in the fine schedule then by a fine not to exceed $500 (five hundred dollars).
B. Each day the violation continues constitutes a new violation.
C. Fines for violations are separate from and in addition to all other remedies authorized by law or equity. (Ord. 18-24 § 2, 2018; Ord. 18-02 § 2, 2018)
8.02.120 Abatement – Notices – Costs – Fines.
A. The City may file a civil action in Superior Court to abate a nuisance and all costs and expenses of such abatement, removal, remediation or other remedy and full actual attorney fees and costs incurred by the City in any legal proceeding to abate the nuisance shall be paid by the persons or corporation committing, creating, keeping, maintaining or causing such nuisance or nuisances. (Ord. 18-24 § 2, 2018; Ord. 18-02 § 2, 2018)