Chapter IV.
CITY LEGISLATION

Section 4.1. Introduction, Consideration, Style and Recording of Code Provisions. (a) Each proposed Code provision introduced by the council in written form shall contain the enacting clause “Be it ordained by the Council of the City of Valdez” and all ordinances proposed by the voters under their power of initiative, “Be it ordained by the People of the City of Valdez.”

(b)    No Code provision shall be introduced and passed at the same meeting unless an emergency is declared by an affirmative vote of not less than six members of the council.

(c)    Each Code provision shall be recorded by the city clerk.

(d)    The city clerk shall enter and identify in the Code all Code provisions adopted by the council. Such entry shall be prima facie evidence of the due and proper adoption of all Code provisions.

(e)    The mayor shall verify each Code provision and authenticate it on the record by his signature.

(f)    All official proceedings of the city may be placed in evidence in all courts and tribunals by a copy thereof certified as true by the city clerk, under the seal of the city, in addition to other methods provided or permitted by law. (10-5-95)

Section 4.2. Publication of Code Provisions. Each Code provision shall be published by posting on the official city bulletin board for not less than thirty days and by publication of the title only at least once in one or more newspapers of the city qualified by law for the publication of legal notices. (4-1-83)

Section 4.3. Effective Date of Taxation Code Provisions. No Code provision which provides for or establishes a tax shall become effective for at least thirty days after adoption by the council.

Section 4.4. Time Limit for Prosecution of Charter or Code Violations. No prosecution for the violation of this Charter or of the Code shall be commenced after the expiration of two years following commission of the offense, unless the accused has fled or remained beyond the boundaries of the city. The period of time during which the accused remains outside the municipal boundaries shall not be counted.

Section 4.5. Due Process to be Accorded. All proceedings relative to the arrest, custody and trial of persons accused of any violation of this Charter or of the Code shall be conducted so as to accord due process of law to the accused.

Section 4.6. Initiative and Referendum. A Code provision may be initiated or a referendum may be had on any act of the council in the manner and subject to the limitations set forth by law.

Section 4.7. Code Provisions Adopted by the Initiative. (a) A Code provision adopted by the initiative procedure may not be amended or repealed by the council for a period of two years after the date of the election at which it was adopted.

(b)    Should two or more Code provisions adopted at the same election have conflicting provisions, the one receiving the largest affirmative vote shall prevail.

Section 4.8. Council Action. The filing with the mayor of a sufficient referendary petition within thirty days after the passage of the act of the council to which such petition refers shall automatically suspend the operation thereof, pending repeal by the council or final determination by the electors.

Section 4.9. Building and Zoning Regulations. To provide for the health, safety and welfare of citizens within the city, the council shall provide for comprehensive building and zoning regulations.

Section 4.10. Abatement of Nuisances. The council shall provide in the Code for the declaration and abatement of nuisances which may be offensive or tend to endanger the health and welfare of the public, and for the assessment of the cost thereof against the property upon, or in respect of which the nuisance exists.

Section 4.11. Port and Harbor Jurisdiction. The council shall regulate the use and development of all waters and submerged lands which are subject to the jurisdiction of the city.

Section 4.12. Other Municipal Services. The council shall provide for the furnishing of such municipal services as it deems necessary for the protection of the health, safety, welfare and morals of the public. When the interests of the city so require, the council may authorize plans or agreements for reimbursing the city in consideration of furnishing any of such services to tax-exempt persons or agencies, whether private or governmental.