1. An occupied RV was parked in your driveway, which is contrary to Kodiak Island Borough Code (KIBC) (B).
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- Carmel Pierce
- 5 years ago
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1 Kodiak Island Borough Co111111u11ity Developme11t Depart111e11t 710 Mill Bay Road Kodiak, Alaska Phone (907) Fax (907) September 2016 Via: Certified Mail - Return Receipt Requested Receipt No: Ms. Susan Panamarioff 810 Hillside Drive Kodiak, AK Courtesy and Advisory Notice Re: Aleutian Bk 1 Lot 4, 810 Hillside Drive, Kodiak, AK Zoning: R1 - Single-Family Residential District Dear Ms. Panamarioff: On 6 September 2016, the Community Development Department received a complaint that trash was accumulating in your driveway, and that a person appeared to be living in the recreational vehicle (RV) parked in your driveway. The Code Enforcement Officer met with you at your property on 6 September 2016 and conducted a field review, which revealed the following: 1. An occupied RV was parked in your driveway, which is contrary to Kodiak Island Borough Code (KIBC) (B) Recreational vehicles on individual lots. B. The parking or otherwise locating of recreational vehicles for any purpose other than storage or as permitted in subsection A of this section outside a recreational vehicle park is subject to the following limitations: 1. Only one recreational vehicle is permitted per lot; 2. The maximum length of occupancy is 120 days in each 12-month period; 3. The recreational vehicle cannot reduce the available off-street parking spaces to less than three spaces; 4. No portion of a recreational vehicle occupied under this section can be located in a right-of-way; and 5. Recreational vehicles occupied under this section must be located on a residentially zoned lot with a main dwelling or on an adjacent lot in common ownership. [Ord. FY , 2016; Ord , Formerly ). Page 1of3
2 2. Items were stored openly in your front yard, which constitutes outdoor storage as defined by KIBC , which is not a permitted land use in a R1 - single-family residential district (KIBC ) and is contrary to KIBC definitions. "Outdoor storage" means the use of land for the storage of items in the open, not within a structure. [Ord , Formerly ] Permitted uses. The following land uses and activities are permitted in the single-family residential district: A. Accessory buildings; B. Churches; C. Greenhouses; D. Home occupations; E. Parks and playgrounds; F. Single-family dwellings; and G. Hoop houses. [Ord. FY , 2012; Ord , 1986; Ord , Formerly ] Uses prohibited unless authorized. Land uses not listed as a permitted use in a district are prohibited. [Ord , Formerly ). You are required to take the following actions to address these violations: 1. Cease occupation of the RV located on your property. 2. Cease outdoor storage of items on your property. According to standard policy, a thirty-day (30) deadline from the date of this correspondence is established for you to abate these violations and to achieve compliance with the applicable KIBC standards. Failure to comply with this notice by 21 October 2016 will result in further enforcement action required to ensure compliance. That enforcement action may include fines of $ per violation (each day is a separate violation) and additional legal actions as prescribed by KJBC Penalties and remedies. A. A person who violates any provision of this title, an order issued under KIBC (A) or any term or condition of a conditional use, variance or other entitlement issued under this title, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $ , in addition to the surcharge required to be imposed under AS B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under KIBC (A), or any term or condition of a conditional use, variance or other entitlement issued under this chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for Page 2 of 3
3 injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the violation. C. Each act or condition violating this title, any order issued under KIBC (A), or any term or condition of a conditional use, variance, or other entitlement issued under this title, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough. [Ord , 1998; Ord , 1983; Ord , Formerly ). Please feel free to contact me at (907) with any questions or concerns you may have regarding this matter. Respectfully, Quass Code Enforcement Officer cc: Ms. Sara Mason, Director, Community Development Department Planning and Zoning Commission Page 3 of 3
4 Kodiak Island Borough Commu1lity Development Department 710 Mill Bay Road Kodiak, Alaska Phone (907) Fax (907) September 2016 Mr. Wayne Stallard Jr. P.O. Box 2400 Kodiak, AK Via: Certified Mail - Return Receipt Requested Receipt No: Courtesy and Advisory Notice Re: USS 3099, Lot 18A, 654 Anderson Way, Kodiak, AK Zoning: R1 - Single-Family Residential Zoning District Dear Mr. Stallard: A review of your property files found that you received a Courtesy and Advisory Notice dated 22 October The Courtesy and Advisory Notice directed you to remove any commercial or industrial materials from your property to be in compliance with Kodiak Island Borough Code (KIBC). This department conducted a field review of your property, and our property files. Our investigation revealed the following: 1. The property appears to be used for outdoor storage, which is not a permitted land use in the R1 - single-family residential zoning district in accordance with: i) Kodiak Island Borough Code (KIBC) , Uses prohibited unless authorized, or ii) KIBC Permitted uses Uses prohibited unless authorized. Land uses not listed as a permitted use in a district are prohibited. [Ord , Formerly ) Permitted uses. The following land uses and activities are permitted in the single-family residential district: A. Accessory buildings; B. Churches; C. Greenhouses; D. Home occupations; E. Parks and playgrounds; F. Single-family dwellings; and G. Hoop houses. [Ord. FY , 2012; Ord , 1986; Ord , Formerly ). Page 1 of 2
5 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter KIBC: A. Hospitals; B. Schools; C. Bed and breakfasts; D. Vacation homes; and E. Recreational vehicle parks. [Ord. FY , 2016; Ord. FY , 2006; Ord , 1986; Ord , Formerly ]. It is requested that you address these matters of KIB Code by: 1. Cease using the property for outdoor storage. A follow up field review of the property will take place thirty (30) days from the date of this correspondence. Failure to voluntarily take the requested actions by 1 O September 2016 will result in the posting of a formal Notice of Violation and the subsequent enforcement action necessary to ensure compliance with KIB Code. Your recognition of, and attention to, these requirements of the Kodiak Island Borough Code are appreciated. Please feel free to contact me at (907) with any questions or concerns you may have regarding this correspondence. Thank You, om Quass Code Enforcement Officer cc: Ms. Sara Mason, Director, Community Development Department Planning and Zoning Commission Page 2 of 2
6 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska Phone (907) Fax (907) October 2016 Via: Certified Mail - Return Receipt Requested Receipt No: Mr. Kevin Fisher Ms. Sheryl Fisher Labiske Lane Astoria, OR Courtesy and Advisory Notice Re: Klllarney Hills, Block 3, Lot 1, 2710 Hilary Lane, Kodiak, AK Zoning: R2 - Two-Family Residential District Dear Mr. and Ms. Fisher: The Code Enforcement Officer conducted an investigation of a complaint against your property for possible violations of Kodiak Island Borough Code. During the investigation, the Code Enforcement Officer identified activities taking place on your property that appear to be in violation of Kodiak Island Borough Code (KIBC) Junk or abandoned vehicles. Our investigation revealed the following: 1. There are four vehicles stored on your property that appear to be abandoned and or junk which is contrary to KIBC , junk vehicles or other junk Definitions. For the purpose of this chapter the following definitions shall apply: "Abandoned vehicle" means any motorized or towed vehicle, wheeled or tracked, which has been left unattended for a length of time which has resulted in the vehicle's deterioration or destruction. "Junk" means any worn out, cast-off, or discarded article or material which is ready for destruction or has been collected or stored for conversion or salvage to some other use. [Ord , 1982; Ord , 1982} Junk vehicles or other junk. A. It is unlawful for the registered owner or other person with legal right to possession of a junk vehicle or other junk to place or allow such vehicle or junk to remain in public view on any property within the borough for more than five days. It is also unlawful for the owner, tenant or other person in possession or control of any property to cause or allow Page 1of3
7 a junk vehicle or other junk to be placed or remain in public view on such property for more than five days. B. Notwithstanding the provisions of subsection A of this section, if the manager has reasonable grounds to believe that repairs can be made to render a junk vehicle operable, that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have performed such repairs, that the vehicle does not pose any health or safety hazard, and that there is no reasonable means for removing the vehicle from the public view while repairs are being performed, the manager may authorize a period of no more than 30 days for the performance of such repairs. In no case, however, may this section be construed as authorizing the operation of a junkyard or other salvage or repair business where other requirements of the Jaw have not been met. C. If a junk vehicle or other junk has been abandoned on private property, the owner, tenant, or other person in control or possession of the property upon which the vehicle has been abandoned may request the vehicle's removal pursuant to KJBC (E). [Ord , 1998; Ord , 1984; Ord , 1982). Accordingly, you are hereby notified that violations of KIBC exist on the property described as Killarney Hills, Block 3, Lot 1, 2710 Hilary Lane, Kodiak, AK With the authority found in Kodiak Island Borough Code section : You are ordered to take the following actions to address this violation: 1. Properly remove all junk vehicles from the property. 2. Cease using the property to store junk vehicles. According to standard policy, a thirty (30) day deadline from the date of this correspondence is hereby established for you to abate these violations and to achieve compliance with the applicable zoning district standards. Failure to comply with this notice by 4 November 2016 will result in further enforcement action required to ensure compliance. That enforcement action may include fines of $ per violation and additional legal actions as prescribed by KIBC : Penalties and remedies. A Jn accordance with AS (a), citations for the certain offenses of KIBC may be disposed of as provided in AS through , without a court appearance, upon payment of the fine amounts established in a schedule of fines adopted by the borough assembly by resolution pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS and The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the person may choose to appear in court and contest the citation. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines, the defendant must appear in court to answer to the charges. These fines may not be judicially reduced. If a person is cited for an offense for which a scheduled fine has been established in the schedule of fines and fails to pay a fine or appear in court, the citation shall be considered a summons for a misdemeanor. B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the plaintiff suffered as a result of the violation. Page 2 of 3
8 C. Each act or condition violated in this chapter, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough. [Ord. FY (Exh. A), 2014; Ord , 1998; Ord , 1983}. Please feel free to contact me at (907) with any questions or concerns you may have regarding this matter. Respectfully, cc: Ms. Sara Mason, Director, Community Development Department Planning & Zoning Commission Page 3 of 3
9 Kodiak Island Borough Co111111u11ity Develop111e11t Depart111e11t 71 O Mill Bay Road Kodiak, Alaska Phone (907) Fax (907) September 2016 Via: Certified Mail - Return Receipt Requested Receipt No: Ms. Susan Panamarioff 81 o Hillside Drive Kodiak, AK Notice of Violation Re: Aleutian Bk 1Lot4, 810 Hillside Drive, Kodiak, AK Zoning: R1 - Single-Family Residential Zoning District. Dear Ms. Panamarioff: On 7 March 2016, you received a Courtesy and Advisory Notice for conditions on your property that where contrary to the requirements of Kodiak Island Borough Code (KIBC) Title 8, Health and safety. The Code Enforcement Officer met with you on 17 March 2016, 24 March 2016, 4 April 2016 and 18 April 2016 at your property to review your progress in gaining compliance with KIBC. On 23 May 2016, the Code Enforcement Officer notified you that you were almost in compliance with KIBC in that you had removed accumulated waste from your property. The Code Enforcement Officer further reminded you that failure to maintain your property in accordance with KIBC, would result in further enforcement action by KIB. On 6 September 2016, the Code Enforcement Officer received a complaint that trash was accumulating in the driveway of your property. The Code Enforcement Officer completed a field review on 6 September 2016 and noted that items were again accumulating in the front yard, which is contrary to KIBC. Although the litter from your driveway was removed on 7 September 2016, the accumulation of items in your front yard are contrary to KIBC. You are required to take the following actions to address these violations: 1. Cease accumulation and storage of waste on your property listed at 810 Hillside Drive, Kodiak, AK Properly remove all accumulated waste stored outdoors from the property. 3. Resume solid waste collection service as required by KIBC Page 1of3
10 Failure to comply with this notice by 1 October 2016 will result in further enforcement action required to ensure compliance. That enforcement action may include fines of up to $ per violation (each day is a separate violation). and additional legal actions as prescribed by KIBC Title Violations, enforcement actions and remedies Violations, enforcement actions and remedies. A. Violations. 1. Per Failure. Each failure to comply with any provision of this chapter or any regulation promulgated under this chapter constitutes a separate violation. For example, scavenging is a separate violation for each container from which materials are scavenged. 2. Per Day. Each day a violation continues is a separate violation. For example, failure to maintain a collection vehicle in accordance with KIBC (8) is a separate violation for each day until the vehicle is repaired. B. Enforcement Actions and Remedies. 1. Actual Violations. If the manager believes that someone has violated any provision of this chapter, whether that person is acting or failing to act in the capacity of a principal, agent, employee or otherwise, then the manager may institute any enforcement action and exercise any legal or equitable remedy available to the borough under law, such as the following: a. Civil actions seeking a penalty of up to $ per violation; b. Civil actions seeking injunctive relief, c. Civil suits seeking damages or civil penalties, including the costs of any corrective action that the manager deems necessary to mitigate consequences of violations, whether acts or omissions; or d. Proceedings to declare a property a public nuisance and abate the nuisance as authorized by AS (c). 2. Imminent Violations. If the manager believes that a person will imminently violate any provision of this chapter, whether that person is acting or failing to act in the capacity of a principal, agent, employee, or otherwise, then the manager may exercise any equitable remedy available to the borough under law, such as a temporary restraining order or injunction. 3. Enforcement Actions and Remedies Are Cumulative, Not Exclusive. Enforcement actions and remedies are cumulative, not mutually exclusive. The manager may institute any single enforcement action or exercise any single remedy or a combination of multiple enforcement actions and remedies, separately or simultaneously. The manager need not conclude any particular enforcement action or exhaust any particular remedy before instituting other enforcement action or exercising any other remedy. 4. Penalties and Remedies Are Not Limited. The penalties and remedies provided for violation of this chapter are in addition to and not in lieu of any other penalty or remedy provided for in state law or otherwise. [Ord. FY (Exh. A), 2014; Ord. FY , 2010). Please feel free to contact me at (907) with any questions or concerns you may have regarding this matter. Page 2 of 3
11 Respectfully, om Quass Code Enforcement Officer cc: Ms. Sara Mason, Director, Community Development Department Planning and Zoning Commission Page 3of3
12 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska Phone (907) Fax (907) September 2016 Mr. Melvin Stephens II P.O. Box 1129 Kodiak, AK Via: Certified Mail - Return Receipt Requested Receipt No: Notice of Violation and Order Re: Leite Addition Block 2, Lot 1, 1510 lsma1lov Street Kodiak AK Zoning: R1 - Single-Family Residential Zoning District Dear Mr. Stephens: On 27 April 2016, this Department sent you Courtesy and Advisory Notices regarding the activities taking place at the property as described above. Those notices outlined specific violations of Kodiak Island Borough (KIB) Code and the penalties and remedies to those violations. Subsequent to the issuance of the Courtesy and Advisory Notices, your tenant stated on 9 May 2016 the he was working to remove the items stored on the property. During subsequent field visits by the Code Enforcement Officer, it appears he has not taken appropriate action to comply with KIB Code. With the authority found in KIB Code , you are ordered to take the following actions on the property described as Leite Addition Block 2, Lot 1, 151 O lsmailov Street Kodiak AK Removing and properly disposing of all junk or abandoned vehicles and other junk items from the property. 2. Cease using the property for outdoor storage. Failure to comply with this notice by 22 October 2016 will result in further enforcement action required to ensure compliance. That enforcement action may include fines of $ per violation (each day is a separate violation) and additional legal actions as prescribed by KIBC Penalties and remedies. Page 1of2
13 A. A person who violates any provision of this title, an order issued under KIBC (A) or any term or condition of a conditional use, variance or other entitlement issued under this title, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $ , in addition to the surcharge required to be imposed under AS B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under KIBC (A), or any term or condition of a conditional use, variance or other entitlement issued under this chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the violation. C. Each act or condition violating this title, any order issued under KIBC (A), or any term or condition of a conditional use, variance, or other entitlement issued under this title, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough. In the event that you disagree with this determination, you have certain rights of appeal as prescribed by the following KIB Code: Commencement of appeal - Stay. A. A decision of the community development department director is final unless appealed to the commission within 1 O working days of receipt of notification of the decision. B. An appeal is commenced by filing with the community development department a written notice of appeal, specifically stating the reason for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. If you have any questions or concerns regarding this matter, please contact me at (907) Thank You, t- Quass e Enforcement Officer cc: Ms. Sara Mason, Director, Community Development Department Planning and Zoning Commission Page 2 of 2
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