Chapter 8.12
NUISANCES
Sections:
8.12.030 Authorization to abate nuisance.
8.12.050 Disposal – Reclamation by owner.
8.12.080 Penalties and remedies.
8.12.010 Nuisance prohibited.
A. The condition wherein debris, junk or indiscriminate storage of machinery, equipment parts, wrecked, junked or abandoned automobile bodies, or other material, or any accumulation of garbage, manure, offal, rubbish, stagnant water or any filthy liquid or substance, or anything that is or may become putrid or offensive is or remains on private property is declared a nuisance and is unlawful.
B. No owner, lessee, agent, tenant or occupant shall allow or permit any debris, junk or indiscriminate storage of machinery, equipment parts, wrecked, junked or abandoned automobile bodies, or other material, or any accumulation of garbage, manure, offal, rubbish, stagnant water or any filthy liquid or substance, or anything that is or may become putrid or offensive, to be or remain upon his or her yard, lot or premises, or upon any yard, lot or premises owned or controlled by him or her. Offal shall not include traditional native culture food preparations. (Ord. 95-13 §4(part): Ord. 88-7 §3(part): prior code §9.40.010)
8.12.020 Compliance.
Any person may bring to the attention of the city suspected violations of this chapter. The complaint may be by phone or in writing. The mayor, or his or her designee, is authorized to levy fines, seek remedies, make inspections and take such actions authorized herein as may be necessary to ensure compliance with this chapter. (Ord. 95-13 §4(part))
8.12.030 Authorization to abate nuisance.
The mayor, or his or her designee, is authorized to abate the nuisance in the following manner:
A. After a violation has been discovered, investigated and verified, the mayor, or his or her designee, shall cause written finding of nuisance and notice to abate to be delivered to the owner and, if applicable, the lessee, agent, tenant or occupant of the property. The finding of nuisance and notice to abate shall be served by certified mail and/or posted on the site of the violation.
B. The notice shall include:
1. The address of the property, the name of the record owner, and if known to the city the name of the person presently in control of the property if different from the record owner;
2. A short description of the nuisance and the facts which support such designation;
3. An order to abate the nuisance which violates this chapter;
4. An order to remove the debris, junk, machinery, equipment parts, wrecked, junked or abandoned automobile bodies, or other material, or any accumulation of garbage, manure, offal, rubbish, stagnant water or any filthy liquid or substance, or anything that is or may become putrid or offensive, from the yard, lot or premises;
5. A statement that a hearing, if requested, will be conducted by the mayor, or his or her designee, at a date, time and place specified in the notice. The date set for the hearing shall be not less than ten days after service of the notice;
6. A statement that if such abatement is not completed within ten days of service of the notice the city is authorized to enter the premises to abate the nuisance by any appropriate means and assess costs of the abatement to the property owner and/or the party having interest in the items found to be a nuisance if different from the property owner, unless the mayor, or his or her designee, determines, at a hearing on the subject, that such action is not warranted; and
7. A description of penalties for continuing the violation as set forth in Section 8.12.080.
C. Emergency Removal before Notice. If the mayor determines that immediate action to abate a nuisance is required because it presents an immediate threat to public health or safety, the city may remove and impound the items immediately or take such other action as is necessary to protect the public health or safety. The city shall promptly give notice of the opportunity for a hearing as soon after the removal and impoundment or other action as possible.
D. Waiver of Right to Hearing. If there is no request for a hearing by the date and time specified in the notice, the hearing shall be deemed to have been waived.
E. Hearing. If a hearing is requested, the mayor, or his or her designee, shall conduct a hearing at the date, time and place specified in the notice. The hearing shall be conducted informally, and formal rules of evidence shall not apply. The hearing shall be recorded. The person requesting the hearing may be represented by an attorney at the hearing. At the conclusion, the mayor, or his or her designee, shall state his or her decision and the reasons for the determination, and indicate what evidence was relied upon.
F. Appeal. A person aggrieved by the decision of the mayor or the mayor’s designee may, within thirty days, appeal the decision in the manner specified by AS 28.05.141(d).
G. City to Abate Nuisance.
1. If the decision at the hearing sustains the finding of a nuisance and the need for abatement and no appeal is taken pursuant to subsection F of this section, or if hearing is waived, the mayor, or his or her designee, shall inspect the premises and determine whether the nuisance is still present.
2. If the owner, lessee, agent, tenant or occupant has taken steps to abate the nuisance, and in the best judgment of the mayor, or his or her designee, the nuisance is abated, no further action need be taken.
3. If, in the best judgment of the mayor, or his or her designee, the owner, lessee, agent, tenant or occupant has not acted to abate the nuisance, or the actions to abate have failed, the city may enter the premises to do the following:
a. Take those steps necessary to abate the nuisance including the removal and impoundment of the offending items or the placement of overburden or gravel; and
b. Assess all costs of abatement and cleanup to the offending property owner, lessee, agent, tenant or occupant jointly or individually. (Ord. 95-13 §4(part))
8.12.040 Contractors.
The mayor, or his or her designee, may cooperate or contract with any public or private organization for the abatement of the nuisance including the impoundment, removal and storage of property, or the placement of overburden or gravel. (Ord. 95-13 §4(part))
8.12.050 Disposal – Reclamation by owner.
A. Impoundment Report. When any item has been removed and impounded, the city or its contractor shall promptly prepare an impoundment report, which shall include a description of the impounded item, the name and address of the owner of the property owner the item was removed from, the location from which the item was removed, the reason for the impoundment, the location at which it is impounded, the date after which it will be disposed of, and the procedure (including any charges to be paid) for reclaiming the property.
B. Notice of Impoundment. Within thirty days after the impoundment, the owner shall be given notice of the impoundment as follows:
1. A copy of the report shall be mailed by certified mail, return receipt requested, to the property owner at the owner’s last known address as listed with the North Slope Borough tax assessing division of the department of administration and finance.
2. If it is known to the city that a lessee, agent, tenant or occupant of the property may have an interest in the impounded item, a copy of the report shall also be mailed by certified mail, return receipt requested, to that person’s last known address.
C. Reclamation by Owner. A person who presents satisfactory proof of ownership or right to possession may reclaim an item which has been removed and impounded under this chapter, at any time before the item has actually been disposed of pursuant to subsection D of this section, by paying the costs specified by Section 8.12.060.
D. Vesting of Title in City. Title to any item which has not been reclaimed shall vest in the city thirty days after notice has been given as required by this section. After title has vested in the city, the item may be disposed of in any economical and efficient manner the mayor, or his or her designee, deems appropriate. Permissible means of disposal include but are not limited to sale at auction, disposal in the borough landfill, and assignment to a city department for use by the city. (Ord. 95-13 §4(part))
8.12.060 Costs.
The cost of impoundment, removal and cleanup will be borne by the owner of the property from which the item was removed or the actual owner of the items removed and impounded if different from the property owner, and that owner shows satisfactory proof of ownership as required in Section 8.12.050(C). In the event the owner wants to reclaim the items, the owner will, in addition to the impoundment and removal fees, pay a storage fee at a cost determined to be a fair market value by the city council. No item will be released until all costs under this section and Section 8.12.080 have been paid in full. The reimbursement fees recovered will be divided among those agencies involved in the removal, storage and cleanup of the item and the affected property. (Ord. 95-13 §4(part))
8.12.070 Summary removal.
Any item for which a notice of removal is served and which is subsequently moved by the owner after it is declared a nuisance, and is again observed to be in violation of this chapter, may at any future date, without prior ten-day notice of removal, be declared a nuisance and immediately impounded and removed as outlined in this chapter. (Ord. 95-13 §4(part))
8.12.080 Penalties and remedies.
A. The mayor, or his or her designee, may institute a civil action against a person who violates a provision of this chapter. Each act of violation and every day a violation exists is a separate offense. In addition to other relief, a civil penalty not to exceed one thousand dollars may be imposed for each violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy.
B. Criminal Remedies. Any act where the maintenance of any condition prohibited by this chapter is unlawful, and the willful commission of such act or maintenance of that condition is unlawful, and is punishable by a penalty not to exceed a fine of one thousand dollars.
C. Schedule of Fines. The city council may establish by resolution a schedule of civil fines for various violations which can be disposed of without court appearance.
D. Parties. A proper party for any enforcement action under this chapter may include the owner, lessee, agent, tenant or occupant of the property upon which the violation exists. (Ord. 95-13 §4(part))
8.12.090 Right to lien.
In the event that temporary and/or permanent abatement measures are taken by the city and the owner fails to pay costs assessed to the property within thirty days of notice by certified mail, or in the event that the owner has been ordered to pay a fine as assessed against the owner in Section 8.12.080, the city may file a lien against the property in the amount of those costs and/or fines, and may foreclose for continued nonpayment, as provided by Alaska law. (Ord. 95-13 §4(part))