Chapter 1.25
CODE ENFORCEMENT
Sections:
1.25.010 Enforcement.
The following persons are authorized to enforce Saxman City ordinances:
(a) A state employee authorized under AS 46.03.890;
(b) A Ketchikan Gateway Borough employee authorized by the Borough Manager;
(c) A Saxman City employee authorized by the City Manager;
(d) A police officer or peace officer of the state, including municipal police officers, Village Public Safety Officers and Alaska State Troopers. [Ord. 07-2015-53 § 2].
1.25.020 Notice.
Enforcement of Saxman City ordinances shall be served by presenting violation and fine notices directly to the responsible person. In the absence of a responsible person, a violation and fine notice may be affixed to the offending vehicle, property (as identified by mail, prescription bottles or other identifying paperwork in the case of litter) or structure with a certified return receipt letter mailed to the last known address of the currently registered owner of the vehicle, property or structure in violation. A refusal to sign for or accept such notice by the accused does not invalidate the delivery of the notice. [Ord. 07-2015-53 § 3].
1.25.030 Responsibility.
Fines for violation of Saxman City ordinances shall be the financial responsibility of the currently registered owner of the vehicle, property (as identified by mail, prescription bottles or other identifying paperwork in the case of litter) or residence related to the ordinance violation in question unless another responsible person comes forward and accepts responsibility to the City of Saxman. [Ord. 07-2015-53 § 4].
1.25.040 Penalty.
All fines for violations of a Saxman City ordinance shall be made payable to the City of Saxman within 14 days of posting of the violation notice. Fines not paid within 14 days of violation posting will result in all unpaid fines being added to the violator’s City of Saxman water and sewer bill. Fines not paid within 60 days may be turned over to collections and assessed an additional collection fee of $50.00 plus any fees charged by the contracted collection agency. [Ord. 07-2015-53 § 5].
1.25.050 Appeals.
The City of Saxman shall establish an appeal process for disputing ordinance violations as follows:
(a) A violation appeal board (VAB) will be established and authorized by the City of Saxman to hear and make final decisions on violations and fines levied by the City of Saxman. The VAB will consist of at least five members of the community including the Village Public Safety Officer (VPSO), a Saxman City Councilmember, a member of the Organized Village of Saxman and two members of the community of Saxman in general. The VPSO will serve as a nonvoting member of the Board and will be available to offer clarification. The Saxman City Council will approve and appoint all members of the VAB.
(b) An initial appeal may be made in writing to the City Administrator within 48 hours of the issuance of a citation stating the nature of the alleged violation and the circumstances by which the accused believes they are not responsible or in violation of the city ordinance. If the City Administrator believes there is not sufficient evidence to support the likelihood of the violation, or if this is a first time offense, the City Administrator may convert the violation to a warning and waive the fine. The City Administrator may, for any reason, forward an appeal directly to the VAB.
(c) If the City Administrator upholds the violation, the violator may pay the fine in full and submit a letter to the VAB who will review the case and make a decision. Following a decision, the VAB will provide an action notice to the City Administrator no later than 60 days following the issuance of the citation. The VAB may decide to find that not enough evidence exists to support the violation and return the fine, or find that enough evidence exists to support the violation and deny the appeal, or find that enough evidence exists to support the violation and in rare cases for a first-time offender convert the violation to a warning and return the fine as a one-time exception. [Ord. 07-2015-53 § 6].
1.25.060 Use of funds.
Fines collected from violations of Saxman City ordinances shall go into the Saxman General Fund and be used for the administration of the ordinance codified in this chapter. [Ord. 07-2015-53 § 7].