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TITLE 13 - PUBLIC UTILITIES


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For statutory provisions regarding extraterritorial jurisdiction, see AS 29.35.020.

 

 


13.04 Water system regulations

13.08 Water rates

13.12 Water shortages; consumer controls

13.16 Sewer regulation; rates

13.18 Private improvements intended for public ownership and maintenance

13.20 Public improvements

13.24 Payments in lieu of assessment

13.28 Electric utility

 


CHAPTER 13.04

WATER SYSTEM REGULATIONS


For statutory provisions regarding rates and charges for public utilities, see AS 29.35.070.


13.04.010 Connection required

13.04.020 Water applications

13.04.030 Water accounts; delinquency; penalty

13.04.040 Supplying others; permit required

13.04.050 Several properties supplied by one connection

13.04.060 Connection; application when; cost computation

13.04.065 Connection; standards

13.04.070 Connection; repair responsibility

13.04.080 Excavation; permit required

13.04.090 Connection; from main to premises

13.04.100 Turn on, turn off authority

13.04.110 Depth of pipes leading from curb cock to premises

13.04.120 Connection; charges for vacant premises

13.04.130 Shutoff without notice

13.04.140 Access to curb cocks and meters

13.04.150 Meters

13.04.160 Rates; established by council

13.04.170 Service discontinuance for noncompliance

13.04.173 Water waste; cutoff without recourse

13.04.177 Water waste; penalty

13.04.180 Repealed

13.04.190 Repealed



13.04.010 Connection required
. Every owner of property or a residence using or having occasion to use water in an area served by the city water utility, on those premises whether leased, used, occupied, or owned shall establish a connection with the nearest city water main in the manner and following the procedure hereinafter set forth in this chapter; provided, however, that this provision shall have no application as to any person where the property line of the premises in question lies more than one hundred fifty feet from the nearest water main. (Ord. 1035 (part), 1996; Ord. 601 §1, 1981; CCK §5.8.1)

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13.04.020 Water applications. Applications for the use of water must be made at the finance department, the applicant agreeing to conform to all rules and regulations and any modifications thereof that may be established from time to time as a condition for the use of water. (CCK §5.8.2) (Revisor's Note: Changed to conform with amendment to KCC 13.04.060 enacted by Ord. 861 §2.)

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13.04.030 Water accounts; delinquency; penalty. (a) All accounts for water will be kept in the name of the owner, who will be liable for payment of all city of Kodiak water utility accounts, and must be paid on or before the fifteenth day of each current month. All accounts not paid by the fifteenth day of each month are defined as delinquent accounts and subject to the penalty for delinquency.

    (b) All accounts for water will be kept in the name of the owner, and must be paid on or before the fifteenth day of each current month. Accounts that have not been paid by the twentieth day of each month will be placed on the delinquent list and will be subject to being disconnected. All disconnected water service shall be charged in accordance with the required fee(s) established by resolution or motion of the city council. Disconnect shall mean a physical or interrupted service disconnection or an administrative disconnect, which is a finance department shut-off notice transmitted to the public works department for interruption of service to delinquent accounts. (Ord. 951 §7, 1993; Ord. 861 §1, 1989; Ord. 601 §2, 1981; Ord. 381 §2, 1972; Ord. 318 (part), 1968; CCK §5.8.3)

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13.04.040 Supplying others; permit required. No person supplied with water from the city mains shall be entitled to use it for any purpose other than that stated in the application, nor shall use same for supplying other persons or families, or for any other purposes, without a permit from the city officers in charge first having been obtained. (CCK §5.8.4)

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13.04.050 Several properties supplied by one connection. Where water is supplied for the use of several properties or families from one connection, the party owning the connection will be held responsible for all charges as though the party were the owner of the properties benefited by the connections. (CCK §5.8.5)

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13.04.060 Connection; application when; cost computation. (a) All applications for water service connections shall be made no later than the time a foundation or building permit is issued, whichever occurs first, and shall be accompanied by any required deposit established by resolution or motion of the city council.

    (b) If the water main must be tapped to provide service to the applicant, and the property to be served has not been charged for the service connection as part of a local improvement district or otherwise, the applicant shall pay the cost of the labor, equipment, and materials used, plus ten percent for administration and inspection costs.

    (c) Prior to installation of a water service connection, the applicant shall deposit with the city an amount estimated by the public works director to be necessary to cover the average cost of a water connection. If the actual cost plus ten percent exceeds the amount of the deposit, the city will bill the applicant for the difference. If the actual cost plus ten percent is less than the deposit, the difference shall be refunded. (Ord 1035 (part), 1996; Ord. 1002 §1, 1994; Ord. 979 §1, 1993; Ord. 938 §14 and §21, 1992; Ord. 861 §2, 1989; CCK §5.8.6)

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13.04.065 Connection; standards. (a) All new water service connections shall be designed and constructed in compliance with the applicable codes and in accordance with acceptable construction practices. Each water connection shall be inspected by the city prior to burial to determine compliance with construction standards and general integrity of the connection.

    (b) No water connection will be permitted which will allow contamination of the water system. (Ord. 1035 (part), 1996)

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13.04.070 Connection; repair responsibility. The city will keep in repair all connections at and from the main to the property line, and the consumer will be responsible for all pipes, valves, and appurtenances on the property. (Ord. 1035 (part), 1996; CCK §5.8.7)

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13.04.080 Excavation; permit required. A permit must be obtained from the city public works director before any excavation shall be made in any street or alley for the purposes of installation or repair of water pipes. (Ord. 1035 (part), 1996; Ord. 403A §1, 1973; CCK §5.8.8)

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13.04.090 Connection; from main to premises. All pipes and connections installed from the main to the premises shall be at the expense of the owner, who shall be held responsible for all damages resulting from leaks or breaks. A shut off valve, accessible to the consumer, and protected from frost, shall be placed on the pipe leading from the curb cock, where the pipes first enter the building, or between such point and the curb cock, which valve shall be used in turning water on or off upon the premises when necessary for repairs to plumbing, or for other reasons. (Ord. 1035 (part), 1996; CCK §5.8.9)

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13.04.100 Turn on, turn off authority. No person except an employee of the city water department shall turn on or off any stop, curb cock, or valve, or in any manner disturb the city water system. (Ord. 1035 (part), 1996; CCK §5.8.10)

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13.04.110 Depth of pipes leading from curb cock to premises. All pipes leading from curb cock to premises shall be laid at sufficient depth and covered in such a manner as to be protected from freezing (sixty inches being the minimum depth). (Ord. 1035 (part), 1996; Ord. 322 (part), 1968; CCK §5.8.11)

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13.04.120  Charges for vacant premises. No reduction of charges will be made on partially vacant or vacant premises unless an owner, or the owner’s designee, files an affidavit the month prior to the beginning of the vacancy period with the city of Kodiak finance department. The affidavit shall be filed on a form provided by the city and shall contain language to allow the city to investigate the use or occupancy of the unit during times when the unit is reported vacant and shall specify a penalty amount to be paid by the property owner if the unit is found occupied during a reported vacancy. The unit shall be eligible immediately upon vacancy in full calendar month increments only. The owner or the owner’s designee shall notify the city prior to the date occupancy is resumed. When such a vacancy occurs, a monthly charge as established by resolution or motion of the city council will be charged the property owner and must be paid on or before the fifteenth day of each current month. (Ord. 1128, 2001; Ord. 938 §20, 1992; Ord. 601 §3, 1981; CCK §5.8.12)

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13.04.130 Shut off without notice. Water may at any time be shut off from the mains without notice, for repairs, extensions, or other necessary purposes, and persons having connections requiring steady pressure are cautioned of this danger. (CCK §5.8.13)

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13.04.140 Access to curb cocks and meters. The city water department shall have free access to curb cocks and meters at all times, and all persons are warned against covering valve boxes during landscaping or piling rubbish or other material thereon. (Ord. 1035 (part), 1996; CCK §5.8.15)

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13.04.150 Meters. The city reserves the right to place a water meter on any service, for the purpose of measuring water supplied to the premises by such service. Industrial water users are required to place appropriately-sized meters on all waterlines entering their facility. The location and installation must be approved by the city prior to installation. The meters must be installed and calibrated in accordance with the manufacturers specifications and recommended frequencies. (Ord. 1035 (part), 1996; CCK §5.8.16)

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13.04.160 Rates; established by council. Rates for the distribution of water established by the council are subject to change without prior notice to consumers at any regular meeting of the council. (CCK §5.8.17)

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13.04.170 Service discontinuance for noncompliance. If the consumer fails to comply with any of the regulations of this chapter or subsequent ordinances, governing or pertaining to the distribution of water by the city, from time to time enforced, the city shall have the right forthwith to discontinue service to such consumer until compliance is had or assured. Service shall be discontinued by the city to every person who is in default in the payment of the rate or rates required to be paid under the provisions of this chapter for a period of thirty days after the same has become delinquent. When service has been discontinued, it will be reviewed under a proper application, when conditions under which the service was suspended are corrected, and on the payment of all charges provided in the schedule of rates and with the payment of any charge established by resolution or motion of the city council for turning off and on the water. (Ord. 951 §8, 1993; Ord. 861 §3, 1989; Ord. 601 §4, 1981; Ord. 318 (part), 1968; CCK §5.8.18)

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13.04.173 Water waste; cutoff without recourse. Any person, firm, or corporation found to be wantonly wasting water shall be subject to having the water supply cut off immediately and without any recourse by the person, firm, or corporation against the city, or any official thereof. (Ord. 1035 (part), 1996)

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13.04.177 Water waste; penalty. Any person, firm, or corporation found to be wantonly wasting water shall be subject to a fine of not more than three hundred dollars plus any surcharge required to be imposed by AS 29.25.07. (Ord. 1081, §14, 1998; Ord. 1035 (part), 1996)

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13.04.180 Rules not to be altered by city personnel. Repealed by Ordinance Number 1035 (part), effective October 12, 1996.

Repealed §13.04.180 derived from CCK §5.8.19.

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13.04.190 Extra compensation for city employees prohibited. Repealed by Ordinance Number 1035 (part), effective October 12, 1996.

Repealed §13.04.190 derived from CCK §5.8.20.

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CHAPTER 13.08

WATER RATES

 


13.08.010 Designated

13.08.015 Repealed

13.08.017 Renumbered as §13.08.040

13.08.020 Residential rate reduction for senior citizens

13.08.030 Metered rates; commercial and industrial establishments and wholesale to service districts

13.08.040 Rates; outside city boundaries

13.08.045 Allocation of proceeds

13.08.050 Charges; effective date

13.08.060 Charges; lien when

 


13.08.010 Designated
. The rates for water supplied to properties within the corporate boundaries of the city of Kodiak shall be established by resolution or motion of the city council. Such rates need not be the same as the rates established for water supplied to properties beyond the corporate boundaries of the city. (Ord. 938 §15, 1992; Ord. 861 §4, 1989; Ord. 655 (part), 1983; Ord. 556 §1, 1979; Ord. 398 §1, 1973; Ord. 340 §1 (part), 1970; CCK §5.8.21)

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13.08.015 Metered rated; commercial and industrial establishments. Repealed and reenacted as §13.08.030 by Ordinance Number 655, effective May 14, 1983.

Repealed §13.08.015 derived from CCK 5.8.22

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13.08.017 Rates; outside city boundaries. Renumbered to §13.08.040.

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13.08.020 Residential rate reduction for senior citizens. Whenever a person sixty-five years of age or over applies for and is primarily responsible for the water service costs at a residence occupied by said person who is the head of household, the rate for water usage shall be one-half the usual rate for residences. (Ord. 429 §1 (part), 1974)

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13.08.030 Metered rates; commercial and industrial establishments and wholesale to service districts. The metered rates for water supplied to properties within the corporate boundaries of the city and the rates to service districts shall be established by resolution or motion of the city council. (Ord. 938 §16, 1992; Ord. 861 §5, 1989; Ord. 655 (part), 1983; Ord. 556 §2, 1979; Ord. 398 §2, 1973; CCK §5.8.22)

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13.08.040 Rates; outside city boundaries. (a) The nonmetered rates for water provided to a residence or business establishment located outside the corporate limits of the city shall be established by resolution of the city council.

    (b) Metered rates for water provided to an establishment or business located outside the corporate limits of the city shall be established by resolution of the city council.

    (c) Customers outside the city limits are not eligible for water service at wholesale metered rates. (Ord. 938 §22, 1992; Ord. 861 §6, 1989; Ord. 556 §3, 1979)

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13.08.045 Allocation of proceeds. Ten percent of the water rates collected under this chapter shall be allocated to a separate fund or account to be appropriated and utilized solely for capital improvements to the city water system. (Ord. 861 §7, 1989)

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13.08.050 Charges; effective date. Water service shall be deemed to be provided and water charges shall become effective with regard to premises connected directly or indirectly to the water system on the date the city first turns on the water; provided, however, that water service charges levied with regard to premises prior to the issuance of a certificate of occupancy shall be one-half the charge that would otherwise be applicable under this chapter. (Ord. 1035 (part), 1996; Ord. 788, 1986; Ord. 507 §1, 1977)

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13.08.060 Charges; lien when. Every charge to a person made by the city in connection with the construction, installation, or repair of any water service or for water furnished for consumption constitutes a lien chargeable against the property, and has a status the same as if the charge has been levied or assessed as a property tax. The lien may be foreclosed by the city in the same manner as any other lien or mortgage against the property for nonpayment. (CCK §5.8.23)

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CHAPTER 13.12

WATER SHORTAGES; CONSUMER CONTROLS

 

 


13.12.010 Repealed

13.12.020 Water user categories

13.12.030 Water shortage; defined

13.12.040 Critical water shortage; defined

13.12.050 Repealed

13.12.060 Critical water shortage; use restrictions

13.12.070 Repealed

13.12.080 Repealed

13.12.090 Repealed

13.12.100 Water shortage; water waste; penalty

13.12.110 Water cutoff without recourse

13.12.120 Chapter interpretation

 

 

13.12.010 Emergency declared. Repealed by Ordinance Number 1035 (part), effective October 12, 1996.

Repealed §13.12.010 derived from Ordinance Number 367 §1, 1972.

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13.12.020 Water user categories. Pursuant to the charter of the city of Kodiak, article II, section 14, there are established four categories of water users:

    (a) Public and community, such as hospitals, schools, and governmental facilities;

    (b) Residential, family homes;

    (c) Businesses:

(1) Wholesale and retail outlets,

(2) Restaurants and bars, and

(3) Hotels and motels; and

    (d) Industrial, processors, and industry of similar nature:

(1) Heavy, employing one hundred or more persons,

(2) Medium, employing fifty to one hundred persons, and

(3) Light, employing fifty or less persons.

(Ord. 367 §2, 1972)

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13.12.030 Water shortage; defined. A "water shortage" exists when the city manager determines the city is in danger of not being able to supply normal and customary amounts of water to its users. This shortage could be determined by water availability in storage, pumping capacities, or treatment limitations. The city manager may as necessary limit water use. (Ord. 1035 (part), 1996; Ord. 367 §3, 1972)

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13.12.040 Critical water shortage; defined. A "critical water shortage" exists whenever the city manager determines that limitations must be placed on water use to protect public health. (Ord. 1035 (part), 1996; Ord. 367 §4, 1972)

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13.12.050 Extreme emergency; defined. Repealed by Ordinance Number 1035 (part), effective October 12, 1996.

Repealed §13.12.050 derived from Ordinance Number 367 §5, 1972.\

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13.12.060 Critical water shortage; use restrictions. In a critical water shortage:

    (a) All industry covered in section 13.12.020(d) shall completely cease operation and shut down; and

    (b) All other water users shall be permitted to draw water in amounts and at times designated by the public works director. (Ord. 367 §6, 1972)

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13.12.070 Critical water shortage; allotment provisions. Repealed by Ordinance Number 1035 (part), effective October 12, 1996. Repealed §13.12.070 derived from Ordinance Number 367 §7, 1972.

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13.12.080 Extreme water shortage; water waste; penalty. Repealed by Ordinance Number 1035 (part), effective October 12, 1996. Repealed §13.12.080 derived from Ordinance Number 367 §8, 1972.

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13.12.090 Critical water shortage; water waste; penalty. Repealed by Ordinance Number 1035 (part), effective October 12, 1996. Repealed §13.12.090 derived from Ordinance Number 367 §9, 1972.

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13.12.100 Water shortage; water waste; penalty. Any person, firm, or corporation wasting water, or using more than the allotted quota during a water shortage, shall be subject to a fine of not more than three hundred dollars plus any surcharge required to be imposed by AS 29.25.072. (Ord. 1081, §15, 1998; Ord. 753 §6, 1985; Ord. 367 §10, 1972)

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13.12.110 Water cutoff without recourse. Any person, firm, or corporation found to be wasting water or using more than the allotted quota during any water shortage as described in sections 13.12.030, and 13.12.040, shall be subject to having the water supply cut off immediately and without any recourse by the person, firm, or corporation against the city, or any official thereof. (Ord. 1035 (part), 1996; Ord. 367 §11, 1972)

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13.12.120 Chapter interpretation. The words and phrases of this chapter, tense, and number shall be interpreted pursuant to sections 1.04.020 and 1.04.040. (Ord. 367 §12, 1972)
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CHAPTER 13.16

SEWER REGULATIONS; RATES


For statutory provisions regarding rates and charges for public utilities, see AS 29.35.070.


13.16.010 Repealed

13.16.020 Repealed

13.16.030 Repealed

13.16.040 Privies and cesspools; prohibited

13.16.050 Repealed

13.16.060 Privies and cesspools; permitted when; nuisance when

13.16.070 Repealed

13.16.071 Repealed

13.16.100 Charge for sewer services

13.16.105 Allocation of proceeds

13.16.110 Repealed

13.16.115 Repealed

13.16.120 Commercial service

13.16.130 Industrial service

13.16.140 Review of sewer user charge system

13.16.150 Billing and payment

13.16.160 Disconnect

13.16.170 Vacancy

13.16.180 Governmental or public premises

13.16.190 Sewer connections

13.16.200 Effective date of charges

13.16.210 Definitions

13.16.220 Standard discharge limitations

13.16.230 Special discharge permits

13.16.240 Special discharge permit duration and renewal

13.16.250 Enforcement

 

 

13.16.010 Sewer construction; petition by owners. Repealed by Ordinance Number 1040, effective December 14, 1996.

Repealed §13.16.010 derived from CCK §5.9.1.

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13.16.020 Sewer construction; assessments. Repealed by Ordinance Number 1040, effective December 14, 1996.

Repealed §13.16.020 derived from CCK §5.9.2.

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13.16.030 Sewer construction; plans to be filed. Repealed by Ordinance Number 1040, effective December 14, 1996.

Repealed §13.16.020 derived from CCK §5.9.3.

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13.16.040 Privies and cesspools; prohibited. Except as provided in 13.16.060, it is unlawful to construct or maintain within the city any privy, dirt closet, cesspool, or other place for the deposit of human urine or excrement, or house slop, except such flush closets as are connected with the city sewer and constructed and maintained in accordance with the regulations of the city. (Ord. 1040 (part), 1996; CCK §5.9.4)

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13.16.050 Flush closets required. Repealed by Ordinance Number 1040, effective December 14, 1996.

Repealed §13.16.020 derived from CCK §5.9.5.

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13.16.060 Privies and cesspools; permitted when; nuisance when. In sections of the city service area where sanitary sewers have not been provided or are not accessible to any residence or other building within a distance of one hundred fifty feet therefrom, cesspools, septic tanks, outfalls, and privies of design and location so as to meet with the approval of the Alaska department of environmental conservation may be constructed; provided, however, that within six months after the construction of sanitary sewers in these sections, the cesspools, septic tanks, outfalls, and privies shall be abandoned, filled up, or removed by any owner or builder thereof whose property line is within one hundred fifty feet of the sewer line, and should the owner of same fail to comply herewith, the city manager may condemn them as nuisances and proceed to remove and fill up such cesspools, outfalls, septic tanks, and privies at the expense of the owner and the costs thereof assessed against the property and collected with interest and costs. (Ord. 1040 (part), 1996; CCK §5.9.6)

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13.16.070 Reduced water and sewerage rates to persons over sixty-five. Repealed by Ordinance Number 503, effective December 31, 1977. Repealed §13.16.070 derived from Ordinance Number 340 (part), 1970.

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13.16.071 Residential rate reduction for senior citizens. Repealed by Ordinance Number 503, effective December 31, 1977. Repealed §13.16.071 derived from Ordinance Number 429 (part), 1975.

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13.16.100 Charge for sewer services. (a) Every person provided with sewer services shall pay a sewer service charge per equivalent service unit as established by resolution of the city council. Charges for sewer services provided to premises outside the corporate limits of the city need not be the same as those for sewer services provided to premises within the corporate limits of the city.

    (b) Whenever a person sixty-five years of age or over applies for and is primarily responsible for the sewer service costs at a residence occupied by said person, who is also head of the household, the rate for sewer services shall be one-half of the usual rate for residences. (Ord. 1040 (part), 1996; Ord. 938 §17, 1992; Ord. 862 §1, 1989; Ord. 686 §1, 1983; Ord. 556 §4, 1979)

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13.16.105 Allocation of proceeds. Ten percent of the sewer service charges collected under this chapter shall be allocated to a separate fund or account to be appropriated and utilized solely for capital improvements to the city sewer system. (Ord. 862 §2, 1989)

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13.16.110 Residential service. Repealed by Ordinance Number 1040, effective December 14, 1996.

Repealed §13.16.020 derived from Ord. 503 §2 (part), 1977.

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13.16.115 Residential rate reduction for senior citizens. Repealed by Ordinance Number 1040, effective December 14, 1996. Repealed §13.16.020 derived from Ord. 768 §2, 1985.

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13.16.120 Commercial service. (a) The monthly charge for commercial sewer service shall be based on service unit equivalents as established by resolution of the city council.

    (b) Septic Pump Truck Discharge: 

(1) A license must be obtained from the city prior to dumping septic tank waste into the city sewer system. Disposal shall be regulated by the terms and conditions stipulated on the license. The fees and charges for septic pump trucks discharging into the city sewer system shall be established by resolution of the city council.

(2) Repealed.

(3) Repealed.

    (c) Combined facilities: for each building that has more than one type of business or function on one sewer system the number of service units to be charged is the sum of the individual service units which are applicable to the facilities involved.

    (d) In any case where a commercial customer is not specifically listed in the schedule of fees and charges, the public works director or designee may determine which category the customer most closely resembles in quantity and quality of sewage output and classify each customer accordingly.

    (e) The minimum service charge for a person receiving commercial service is one service unit.

    (f) In the event that a building is devoted to a business involving special water-consuming devices or equipment, the public works director or designee may establish a special rate therefor pursuant to the formula contained in section 13.16.130. (Ord. 1107, 2000; Ord. 1002 §2, 1994; Ord. 938 §18 and §19, 1992; Ord. 862 §3, 1989; Ord. 654, 1982; Ord. 503 §2 (part), 1977)

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13.16.130 Industrial service. Customers in the industrial category shall pay a metered rate according to the following formula:

    Monthly rate = Vo Vl + bo Bl + so Sl

    Vo = Average unit cost of transport and treatment chargeable to volume, $/gallon.

    V1 = Volume of waste water from industrial users, gallons/ month.

    bo = Average unit cost of treatment, chargeable to BOD, dollar/pound.

    B1 = Weight of BOD from industrial users, pound/month.

    so = Average unit cost of treatment, chargeable to SS, dollar/pound.

    S1 = Weight of SS from industrial users, pound/month.

    BOD = 5-day biochemical oxygen demand.

    SS = Suspended solids.

(Ord. 503 §2 (part), 1977)

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13.16.140 Review of sewer user charge system. The service charge for equivalent service units and categories of service may be adjusted as necessary to reflect costs. (Ord 1040 (part), 1996; Ord. 503 §2 (part), 1977)

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13.16.150 Billing and payment. Sewer service accounts shall be maintained in the name of the property owner and each account shall be billed monthly after the service has been rendered. Accounts shall be paid on or before the fifteenth day of the month during which the charges are billed. Accounts not paid by the close of business on the fifteenth day are delinquent. (Ord. 602 §1, 1981)

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13.16.160 Disconnect. When any premises' water utility has been disconnected for nonpayment of account, the sewer charge will automatically be discontinued. (Ord. 602 §2, 1981)
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13.16.170 Charges for vacant premises. No reduction of charges will be made on partially vacant or vacant premises unless an owner, or the owner’s designee, files an affidavit the month prior to the beginning of the vacancy period with the city of Kodiak finance department. The affidavit shall be filed on a form provided by the city and shall contain language to allow the city to investigate the use or occupancy of the unit during times when the unit is reported vacant and shall specify a penalty amount to be paid by the property owner if the unit is found occupied during a reported vacancy. The unit shall be eligible immediately upon vacancy in full calendar month increments only. The owner or the owner’s designee shall notify the city prior to the date occupancy is resumed. When such a vacancy occurs, a monthly charge established by resolution or motion of the city council will be charged the property owner and must be paid on or before the fifteenth day of each month. (Ord. 1128, 2001; Ord. 951 §9, 1993; Ord. 602 §3, 1981)

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13.16.180 Governmental or public premises. The provisions of this chapter shall apply to governmental or public premises in the same manner as to premises which are not governmental or public. (Ord. 503 §2 (part), 1977)

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13.16.190 Sewer connections. (a) All applications for sewer service connections shall be made at the time a foundation or building permit is issued, whichever occurs first, and shall be accompanied by any required fees established by resolution or motion of the city council.

    (b) If the sewer line must be tapped to provide service to the applicant, and the property to be served has not been charged for the service connection as part of a local improvement district or otherwise, the applicant shall pay the cost of the labor, equipment, and materials used, plus ten percent for administration and inspection costs.

    (c) Prior to installation of a sewer service connection, the applicant shall deposit with the city an amount estimated by the public works director to be necessary to cover the average cost of a sewer connection. If the actual costs plus ten percent exceed the amount of the deposit, the city will bill the applicant for the difference. If actual costs plus ten percent are less than the deposit, the difference shall be refunded to the applicant.

    (d) All new sewer connections shall be designed and constructed in compliance with the applicable codes and in accordance with acceptable construction practices. Each sewer connection shall be inspected by the city prior to burial to determine source of sewage, compliance with construction standards, and general integrity of the connection.

    (e) No sewer connection will be permitted if it will allow the inflow or infiltration of material from non-sanitary sources. If at any time the city identifies a private sewer line as a source of inflow or infiltration the property owner will be notified and must within 120 days repair the sewer line to eliminate the inflow or infiltration. Failure to repair the sewer liner or eliminate the inflow or infiltration may result in the disconnection of water and sewer services. (Ord. 1040 (part), 1996; Ord. 1002 §3, 1994; Ord. 979 §2, 1993; Ord. 938 §13, 1992; Ord. 862 §4, 1989; Ord. 503 §2 (part), 1977)

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13.16.200 Effective date of charges. Sewer service shall be deemed to be provided and sewer service charges shall become effective with respect to premises connected directly or indirectly to said sewer system, or thereafter discharging directly or indirectly any sewage into said sewer system, on the date of such connection or discharge; provided, however, that sewer service charges levied with regard to a premises prior to the issuance of a certificate of occupancy shall be one-half of the charge that would otherwise be applicable under this chapter. Sewer service charges shall become effective as to premises that are not directly or indirectly connected to a sewer system upon the expiration of the period given in any notice to connect to the sewer system regardless of whether such connection has actually been made, whichever occurs first. (Ord. 503 §2 (part), 1977)

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13.16.210 Definitions. As used in this chapter, the following definitions shall apply:

    (a) "Commercial" means a premises used for commercial or business purposes and discharging a quality of sewage essentially similar to that of a single-family dwelling.

    (b) "Equivalent unit" means a unit of measure which is equal to the sewer usage of an average single-family unit, such unit being used to equate the sewer usage of a commercial or industrial customer to a residential customer.

    (c) "Industrial" means a premises used for manufacturing or industrial purposes which discharges industrial waste, sanitary waste, and sewage by reason of the manufacturing or industrial processes involved, or discharges chemicals or putrescible materials.

    (d) "Single-family unit" means a dwelling unit designed, improved, or used as a residence for one family only. Each unit in a multiple-family dwelling or each trailer or mobile home not in a mobile home park shall be a dwelling unit. (Ord. 979 §3, 1993; Ord. 503 §2 (part), 1977)

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13.16.220 Standard discharge limitations. (a) No user receiving sewer service may discharge or cause to be discharged, either directly or indirectly, into the municipal sewerage system, except as authorized in a wastewater discharge permit, any wastewater containing concentrations of pollutants in excess of the following:

 


        Pollutant                                                Limitation (mg/l)


(1) Arsenic 

10.0

(2) BOD 

500.0

(3) BTEX - aromatic volatile organics 

0.1

(4) Cadmium  1.0

(5) Chromium - total 

10.0
(6) Chromium - hexavalent  4.0
(7) Copper  0.3
(8) Cyanide  0.3
(9) Lead  5.0

(10) Mercury 

0.002
(11) Nickel  1.5
(13) Petroleum hydrocarbons (total)  100.0
(14) Polar fat, oil & grease (FOG)* 

100 No visible free floating

(15) Total fat, oil & grease  100.0
(16) Silver  0.02
(17) Suspended solids  1,100.0
(18) Zinc  9.0
* Polar FOG = vegetable or animal based fat, oils, and grease

(b) The limitations listed in subsection A of this section apply to the total discharge from a user exclusive of sanitary wastewater. (Ord. 1040 (part), 1996)

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13.16.230 Special discharge permits. (a) By obtaining a special discharge permit, users may discharge in excess of the limitations set in 13.16.220 as determined on a case by case basis. However in no case, will the discharge exceed the Technically Based Local Limits (TBLL) contained in this section.


COMPOUND                                                                                                                         TBLL(mg/l)


(1) Benzene  0.9
(2) Toluene  8.4
(3) Ethyl benzene  10.0
(4) Total Xylenes  12.8


The TBLLs are established to protect the health and safety of workers with consideration given to exposure to toxic and reactive gasses and vapors, and flammability/explosivity criteria. The TBLLs are based on a technical memorandum titled 

"Development of Revised Technically Based Local Limits for Enforcement Under the Industrial Pretreatment Program" prepared for the Anchorage water and wastewater utility by CH2M Hill on May 22, 1996.

    (b) The application for a special discharge permit shall contain the following information: name of party responsible for discharge, type of discharge, proposed discharge amount (maximum amount per day and total in pounds), pollutant concentration, discharge location, proposed discharge times, and duration of discharge. Additional information and a sample of the wastewater for testing by the city may also be required.

    (c) Wastewater discharge permits will be subject to all provisions of the Kodiak sewer regulations and all other applicable regulations and fees established by the city of Kodiak.

    (d) Permits may contain, but are not limited to, the following conditions:

(1) limits on the average or maximum wastewater constituents and characteristics which may be discharged;

(2) limits on average or maximum rate and/or time of discharge or requirements for flow regulation and equalization;

(3) limits on total quantity of one or more constituents;

(4) requirements for installation and maintenance of sampling and monitoring facilities;

(5) specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types, testing standards and reporting schedules;

(6) requirements for submittal of various reports;

(7) requirements for maintaining and retaining plant records related to wastewater discharge and accidental spills as specified by the city and affording city access thereto;

(8) requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the municipal sewerage system;

(9) requirements for cleanup and/or repair to any part of the wastewater treatment plant and/or collection system damaged as a result of the user's discharge; and

(10) other conditions as deemed appropriate by the city to ensure compliance with this chapter. (Ord. 1040 (part), 1996)

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13.16.240 Special discharge permit duration and renewal. (a) All permits will be issued for a specific term which will not to exceed one year, subject to amendment or revocation as provided in this ordinance.

    (b) If the applicant wishes to renew a permit, at least thirty days before expiration the permittee shall submit a permit reapplication in accordance with subsection (c) of this section.

    (c) The reapplication for the permit shall consist of a written request for reissuance of the permit, including a statement that the permittee has complied with all terms and conditions of the existing permit and these regulations. This statement shall be signed and sworn to by a principal executive officer of the permittee, or his designee. Additional supporting analyses and documentation, and a sample of the wastewater for analysis by the city may also be required. (Ord. 1040 (part), 1996)

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13.16.250 Enforcement. (a) Suspension of Service and Permit: The city may suspend the wastewater service or the wastewater discharge permit of a user by special order when it appears to the city that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interfere with the operation of the city sewerage system, or cause the city to violate any conditions of its NPDES discharge permits.

    (b) Revocation of Permit: The city may revoke the wastewater discharge permit of any user for any of the following reasons:

(1) failure to factually report the wastewater constituents and characteristics of its discharge;

(2) failure to report significant changes in wastewater constituents or characteristics;

(3) refusing reasonable access to the user's premises by representatives of the city for the purpose of inspection or monitoring;

(4) violating the conditions of a wastewater discharge permit or any of the provisions of this chapter; or

(5) an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, or substantial danger to the environment, interfere with the operation of the municipal sewerage system, or cause the city to violate any conditions of its NPDES discharge permits. (Ord. 1040 (part), 1996)

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CHAPTER 13.18

PRIVATE IMPROVEMENTS INTENDED FOR PUBLIC OWNERSHIP AND MAINTENANCE



13.18.010 Prerequisites to improvement construction and inspection

13.18.020 Prerequisites to approval

13.18.030 Acceptance of improvements

13.18.040 Construction standards

 

 

13.18.010 Prerequisites to improvement construction and inspection. (a) No person may begin construction of any water or sewer improvement which is designed to be hooked into the city water or sewer system unless:

(1) plans for such construction have been prepared by a professional engineer registered in the state of Alaska,

(2) the plans have been approved by the public works director,

(3) all required approvals from the Alaska Department of Environmental Conservation have been obtained, and

(4) an inspection agreement has been executed between the owner or owners of the property to be served by the improvement and the city.

    (b) Plans shall be reviewed by the city and approved based on their operational design, compatibility with existing improvements, and adequacy in relation to expected future growth and development in areas served or likely to be served by the water and/or sewer systems. Judgments or decisions as to whether the size or extent of a proposed improvement is adequate shall be at the sole discretion of the public works director.

    (c) Inspections are required during the construction of all improvements. Inspection schedules and reporting requirements will be approved by the city and included as part of the executed inspection agreement. All improvements must be completed within two years of execution of the inspection agreement. (Ord. 1037 (part), 1996)

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13.18.020 Prerequisites to approval. (a) Whenever improvements subject to this chapter are being constructed in connection with the development of a subdivision, all lots within the subdivision shall be provided with access to the water and/or sewer lines in the form of stubouts to each individual lot.

    (b) Whenever water mains are installed, they shall be designed, in addition to other sizing requirement, so as to deliver at least that minimum flow of water which the city fire chief deems appropriate for fire fighting purposes and the number and spacing of fire hydrants shall be subject to the fire chief's approval.

    (c) Only improvements located on publicly-owned property or rights-of-way will be considered for operation and maintenance by the city. (Ord. 1037 (part), 1996)

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13.18.030 Acceptance of improvements. (a) No water or sewer improvement shall be operated or maintained by the city and no security for the completion of an improvement shall be released until the improvement has been accepted by the public works director.

    (b) The following items shall be provided to the public works director prior to acceptance of the improvements:

(1) a reproducible Mylar of the improvement design certified by a registered engineer;

(2) a red line blueprint showing the improvements as actually built;

(3) copies of all construction documents relevant to the construction of the improvement;

(4) a record of installed materials including any warranties, catalog cuts, and operation and maintenance manuals; and

(5) any special tools, accessories, and/or spare parts needed for the operation of the improvement.

    (c) The owner or owners of property to be served by the improvement shall provide an express warranty that the workmanship and materials associated with the improvements meet all city standard construction specifications and guaranteeing the improvements against the need for repair or replacement of any kind during the first two years of operation following acceptance of the improvements. This warranty shall be secured by a performance bond in an amount equal to ten (10%) percent of the cost of construction of the improvement if the value is less than or equal to $250,000. If the cost of construction exceeds $250,000, the performance bond or other security shall be in the amount of $25,000, plus an amount equal to five (5%) percent of the cost over $250,000. The warranty and performance bond or other security shall be presented before the improvements will be accepted by the city. (Ord. 1037 (part), 1996)

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13.18.040 Construction standards. All construction shall be in accordance with the latest edition of the city's standard construction specifications. (Ord. 1037 (part), 1996)
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CHAPTER 13.20

PUBLIC IMPROVEMENTS

 


For charter provisions regarding public improvements, see City Charter 'V-18 and Article VII.

 


Repeal of former Chapter 13.20COrdinance Number 440, effective July 26, 1975, repealed former Chapter 13.20 and enacted new Chapter 13.20 in lieu of repealed provisions.


Former Chapter 13.20 derived from CCK '5.9A.1 to 5.9A.16; Ord. 363 §1 (part), 1971.

 

 

 

13.20.010 Special assessment districts

13.20.020 Assessable property

13.20.030 Initiating assessment district

13.20.040 City manager action

13.20.045 Assessment rates

13.20.050 Notice of public hearing

13.20.060 Repealed

13.20.070 Public hearing

13.20.080 Council action

13.20.085 Resolution creating assessment district

13.20.090 Filing of resolution

13.20.100 Repealed

13.20.110 Repealed

13.20.120 Repealed

13.20.130 Assessments binding

13.20.140 Court review of assessments

13.20.150 Notice of due and delinquent dates

13.20.160 Interest and penalty on delinquent assessments

13.20.170 Assessment liens

13.20.175 Delayed payment for senior citizens

13.20.180 Repealed

13.20.190 Repealed

13.20.200 Repealed

13.20.210 Repealed

13.20.220 Repealed

13.20.230 Repealed

13.20.240 Payment of assessments required for connection

13.20.250 Correction of invalid special assessments

13.20.260 Application of state law

 


13.20.010 Special assessment districts
. A special assessment district may be initiated for the construction or improvement of one or more of the following capital improvements:

    (a) Streets, roads, parkways, street lighting, curbs and gutters, driveways, curb cuts, and sidewalks;

    (b) Sanitary sewer facilities; and

    (c) Water supply systems, including mains, connections, fire hydrants, and other water facilities. (Ord. 440 §1 (part), 1975)

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13.20.020 Assessable property
. The council may assess the costs of an improvement against any real property or interest in real property specially benefited by the improvement, including abutting, adjacent, contiguous, noncontiguous, or other property or interest in property benefited directly or indirectly by the improvement. The property to be assessed may include property that is exempt by law from taxation. A benefited property may be included, in whole or in part, in more than one special assessment district. (Ord. 440 §1 (part), 1975)

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13.20.030 Initiating assessment district
. (a) A special assessment district may be initiated by the city council or by a petition from owners of property to be benefited by the improvement.

    (b) A petition to initiate a special assessment district must be filed with the city clerk in the form prescribed by the city manager and shall include a description of the improvement sought by the petition. The petition shall be signed by the owners of not less than one-half in the area of the property to be benefited by the improvement. A signature on a petition for a special assessment district may not be withdrawn for a period of three months after the petition has been filed with the city clerk, unless authorized by the council, nor may it be withdrawn after passage of a resolution creating an assessment district.

    (c) The council may initiate a special assessment district by motion or other action directing or authorizing the city manager to make a survey and report on a proposed special assessment district. (Ord. 1074, §1, 1998: Ord. 440 §1 (part), 1975)

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13.20.040 City manager action
. (a) Upon receipt of the petition from the city clerk or authorization by the council, the city manager shall make a survey and report to the council concerning the need for and the estimated cost of the district. The report shall contain a plan defining the district, outlining the properties to be assessed and showing the desirable extent of the proposed improvement. The district may be defined by:

(1) A boundary description; or

(2) A designation of the properties to be assessed within the district by lot, block, and subdivision, or if unsubdivided by other appropriate designation, which designation may generally refer to streets, alleys, and intersections.

    (b) The report shall identify all public properties and rights-of-way to be included within the district and may be made either before or at the time of a public hearing on the necessity for the proposed improvement.

    (c) The report shall also include a proposed assessment roll, containing a brief description of each property to be assessed, the name of the owner or reputed owner of the property, and the amount to be assessed against each property. (Ord. 1074, §2, 1998: Ord. 440 §1 (part), 1975)

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13.20.045 Assessment rates
.
The cost of a street improvement shall be allocated to the benefited properties at a fixed rate per square foot of lot size. The rates at which properties are assessed and the maximum assessment amounts for street improvements shall be established by the council and may vary with the permitted use of the property according to zoning regulations, and may vary further with the nature of the street improvement. The total assessments for a given

improvement project may equal, but shall not exceed, one hundred percent of the cost of the improvement. The total cost of a public improvement that will significantly benefit the general public shall not be assessed against the specially benefited properties included in the assessment district, but such properties may be assessed for the special benefit to them. (Ord. 1074, §3, 1998)

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13.20.050 Notice of public hearing
. (a) A notice of hearing on the proposed special assessment district shall be published at least once a week for two consecutive weeks in a newspaper of general circulation within the city limits and shall be mailed by first-class mail to each property owner to be assessed at least fifteen days prior to the time of the hearing. The notice shall include a summary of the improvement, a description of the properties to be assessed, the proposed assessment roll, the time and place fixed for the public hearing and the purpose of the public hearing. The notice shall generally inform the property owners of the method for protesting or objecting to the action under consideration at the public hearing. The mailed notices shall specifically identify the property of the addressee proposed to be assessed.

    (b) The person whose name is listed on the latest borough tax roll as the owner of property to be assessed is presumed to be the legal owner of that property. If the property owner is unknown, the property may be assessed using the designation "unknown owner" and notices required by this chapter may be mailed addressed to "property owner" at the street address of the property to be assessed, if known. No assessment is invalid because of a mistake, omission, or error in the name of the owner if the property is correctly described in published notices required by this chapter. (Ord. 1074, §4, 1998: Ord. 440 §1 (part), 1975) [Note: Sub-section (b) was formerly codified as 13.20.060.]

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13.20.060 Determination of property owner
. Repealed by Ordinance 1074, effective 9/26/98.

Repealed §13.20.060 derived from Ord. 440 §1 (part), 1975. [Note: This section is recodified as 13.20.050(b).]

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13.20.070 Public hearing
. At the time specified in the notice, the council shall hold a public hearing on the necessity for the proposed improvement. Owners of properties to be assessed may also testify at this public hearing regarding errors or inequalities in the proposed assessment roll. All interested persons shall be provided an opportunity to be heard and the public hearing may be continued from time to time as the council may determine. (Ord. 1074, §6, 1998: Ord. 440 §1 (part), 1975)

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13.20.080 Council action
. (a) After the public hearing, the council may decrease the extent or value of the improvement and may delete from the district properties not benefited directly or indirectly by the improvement. If the improvement district is initiated by petition, no change may be made resulting in a district in which the petitioners would bear less than 50% of the amount to be assessed, unless other sufficient property owners are added to the petition prior to final council action on the petition.

    (b) An assessment district shall not be created pursuant to a petition unless the council finds that the petition has been signed by a sufficient number of qualified property owners.

    (c) If written objections to the necessity of a local improvement are received from the owners of property who will bear fifty percent or more of the amount to be assessed, the council shall not authorize construction of the improvement unless it revises the assessment plan to satisfy the objections and the protests are thereafter reduced to less than fifty percent, or creation of the improvement district is approved by an affirmative vote of at least five council-members.

    (d) Repealed

    (e) Repealed (Ord. 1074, 1998) [Note: Sub-section (d) is recodified as 13.20.085(a). Sub-section (e) is recodified as 13.20.085(e).]

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13.20.085 Resolution creating assessment district. (a) If the council determines that the improvement is necessary and will benefit the properties within the proposed district, it shall adopt a resolution creating the assessment district and authorizing construction of the improvements. The resolution shall require an accounting of all costs of the improvement.

    (b) Unless otherwise provided in the resolution to proceed with the district, the area specially benefited by a street improvement shall include all the property abutting, adjacent, or proximate to the street to be improved.

    (c) The council shall correct all errors or irregularities which it finds to exist in the assessment roll and shall make such amendments to the assessment roll as it determines appropriate. The council shall then levy the assessments by confirming the assessment roll and setting the due and delinquent dates for payment of the assessments by including such provisions in the resolution creating the special assessment district. The due and delinquent dates may be set by reference to the completion of the street improvements project or by dates specific. The resolution may provide for payment of assessments in not more than twenty equal annual installments. The council may, at its discretion, charge an annual interest rate to be determined by the council.

    (d) The city clerk shall sign the assessment roll certifying that it is the assessment roll as finally settled and confirmed by the city council.

    (e) The findings of the council with regard to the necessity for an improvement, the benefit to properties within the district, and the sufficiency and qualification of the petitioners are conclusive. (Ord. 1074, §8, 1998: Ord. 687, 1983; Ord. 440 § 1 (part), 1975)

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13.20.090 Filing of resolution. The city clerk shall file a copy of all council resolutions creating assessment districts with the district recorder. Failure to file a resolution as required by this section shall not operate to restrict or impair any right of the city to levy or collect an assessment for improvements. (Ord. 440 §1 (part), 1975)

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13.20.100 Assessment roll. Repealed by Ordinance 1074, effective 9/26/98. 

Repealed § 13.20.100 derived from Ord. 440 §1 (part), 1975.

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13.20.110 Notice of public hearing. Repealed by Ordinance 1074, effective 9/26/98.

Repealed § 13.20.110 derived from Ord. 440 §1 (part), 1975.

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13.20.120 Hearing on assessment roll. Repealed by Ordinance 1074, effective 9/26/98.

Repealed § 13.20.120 derived from Ord. 657, 1983; Ord. 440 §1 (part), 1975.

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13.20.130 Assessments binding. The regularity or validity of a special assessment may not be contested or challenged by any person who does not file an objection to the assessment roll prior to its confirmation by resolution. (Ord. 440 §1 (part), 1975)

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13.20.140 Court review of assessments. (a) The decision of the council upon an objection to the assessment roll may be reviewed by the superior court in the manner prescribed by court rules.

    (b) A special assessment procedure or decision may not be contested in a civil action unless that action is commenced within sixty days after the confirmation by resolution of the assessment roll. If an action is not commenced, the procedure shall be conclusively presumed to have been regular and complete. (Ord. 440 §1 (part), 1975)

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13.20.150 Notice of due and delinquent dates. (a) Within ten days after adoption of the resolution fixing the due and delinquent dates for assessments, the city clerk shall mail a notice to the owner of each property assessed, with postage prepaid, setting forth the description or identification of the property, the amount of the assessment, the schedule of payments, the due and delinquent dates, the interest rate to be applied, and penalties that will be imposed for nonpayment.

    (b) Within five days after mailing the notice to the property owners, the city clerk shall file an affidavit attesting to the fact of mailing. The affidavit shall be conclusive as to its facts, except in a proceeding against the clerk for perjury or for malfeasance, misfeasance, or nonfeasance in office.

    (c) Not more than sixty nor less than thirty days before the due date of each payment on an assessment, the finance director shall mail a notice to each property owner advising of the payment due. A failure to mail the notice shall not affect any liability for or enforcement of payment of all or any part of a special assessment. (Ord. 440 §1 (part), 1975)

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13.20.160 Interest and penalty on delinquent assessments. A delinquent assessment or assessment installment shall bear interest at the rate of eight percent per year from its due date until payment. In addition to the interest, a penalty of ten percent of the delinquent assessment or installment shall be imposed. (Ord. 440 §1 (part), 1975)

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13.20.170 Assessment liens. (a) A special assessment shall be a first, prior, and paramount lien upon the assessed property from the time when the assessment is levied by resolution. The lien is superior to all other liens except a lien for a prior assessment or for real property taxes.

    (b) An assessment lien may be enforced in the same manner as provided in AS 29.45.330C29.45.470 for the foreclosure of real property tax liens.

    (c) A foreclosure or enforcement of a lien for the collection of any installment or any part of a special assessment will not affect the right of the city to foreclose or enforce the lien for the collection of any other installment or part of a special assessment which subsequently becomes delinquent. (Ord. 440 §1 (part), 1975)

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13.20.175 Delayed payment for senior citizens. (a) Notwithstanding any other provisions of this chapter, assessment or assessment installments levied pursuant to this chapter with respect to real property which, at the time of passage of the resolution confirming the assessment roll and setting due and delinquent dates for payment of the assessments, is exempt from taxation of its assessed value under AS 29.45.030 by reason of its being a principle place of abode of a resident who is 65 years of age or over shall not be considered due or delinquent and any annual interest which may otherwise have been imposed against any such assessment pursuant to section 13.20.085 shall not accrue so long as said exemption remains in full force and effect. All assessment installments which have been deferred shall become due and payable immediately upon termination of the exemption and any annual interest assessed under section 13.20.085 shall also begin to accrue at that time. Nothing in this section shall be construed as releasing or otherwise affecting the assessment lien imposed by section 13.20.170.

    (b) No exemption may be granted under this section except upon written application for the exemption on a form prescribed by the finance director and in accordance with the following requirements:

(1) The claimant must file the initial application during the period of time between the date the assessment roll is certified and the time of payment fixed by the council. Within one year of the date the assessment roll is certified, the council for good cause shown may waive the claimant's failure to make timely initial application for the exemption and authorize the finance director to accept the application as if timely filed.

(2) A claimant receiving the exemption must file with the finance department by March 15 of each subsequent year a separate application proving eligibility as of January 1 in order to retain the exemption. Within the same year, the department for good cause shown may waive the claimant's failure to make timely application and approve the application as if timely filed.

(3) If an application is filed within the required time under this subsection and is approved by the council, the exemption shall be allowed in accordance with the provisions of this section. If a waiver under this subsection is granted and the application for exemption approved, the amount of any assessment, penalty, or interest which the claimant may have already paid on the assessment shall be refunded. The city may at any time require proof in the form considered necessary of the right and amount of an exemption claimed under this section. (Ord. 1074, §10, 1998; Ord. 750, 1985

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13.20.180 Amount of assessment. Repealed by Ordinance 1074, effective 9/26/98. 

Repealed § 13.20.180 derived from Ord. 440 §1 (part), 1975.

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13.20.190 Calculation of costs. Repealed by Ordinance 1074, effective 9/26/98. 

Repealed § 13.20.190 derived from Ord. 440 §1 (part), 1975.

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13.20.200 Assessment for street improvements. Repealed by Ordinance 1074, effective 9/26/98. 

Repealed § 13.20.200 derived from Ord. 440 §1 (part), 1975.

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13.20.210 Driveways, curb cuts, sewer and water connections. Repealed by Ordinance 1074, effective 9/26/98. 

Repealed § 13.20.210 derived from Ord. 440 §1 (part), 1975.

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13.20.220 Assessments for sanitary sewers. Repealed by Ordinance 1074, effective 9/26/98.

Repealed § 13.20.220 derived from Ord. 440 §1 (part), 1975.

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13.20.230 Water utility assessments. Repealed by Ordinance 1074, effective 9/26/98. 

Repealed § 13.20.230 derived from Ord. 440 §1 (part), 1975.

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13.20.240 Payment of assessments required for connection. When capital improvements have been constructed within a special assessment district in the city and assessments levied upon the property specially benefited by such improvements for all or any portion of the cost of those improvements, a permit shall not be issued by the city for any storm or sanitary sewer connection or water connection from the property so assessed unless the assessment has been paid, or, if the assessment is payable in installments, all payments due at the time of application for the permit have been paid. (Ord. 440 §1 (part), 1975)

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13.20.250 Correction of invalid special assessments. (a) If a property owner within a special assessment district files timely objection with the city clerk, the council may, within thirty days after confirmation of the special assessment roll, correct any irregularity or defect found by the council to exist.

    (b) If a court of competent jurisdiction invalidates or declares all or any portion of a special assessment to be unenforceable, the council may reassess the properties specially benefited by the improvement at any time within one year following the date of decision. The procedure set forth in section 13.20.100 through 13.20.240 shall be followed in making the reassessment. The previous findings of benefit and necessity for the improvement shall continue in full force and effect for purposes of the reassessment unless the court has declared those findings to be invalid.

    (c) If the court decision invalidates the findings of necessity and benefit, the council may proceed to reassess the property specially benefited by a council-initiated special assessment district.

    (d) All sums paid pursuant to an assessment invalidated by court order shall be credited toward the assessment levied on the property pursuant to a reassessment. If a refund, rather than a credit, is determined to be appropriate because of the excess of payments over the revised assessment, the resolution confirming the assessment roll shall provide for a refund to the persons who paid an amount in excess of the reassessment applicable to their property.

    (e) No interest or penalty shall be charged or levied upon delinquency in payments or assessments subsequently determined to be invalid.

    (f) Assessments levied through reassessment procedures shall be enforced and collected in the same manner that special assessments are enforced and collected. (Ord. 440 §1 (part), 1975)

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13.20.260 Application of state law. Adoption of the assessment procedures as set forth in this chapter shall not be construed to waive or nullify any right or procedure, not otherwise inconsistent with the provisions of this chapter, granted by law to a first-class or home rule city with regard to local improvements and special assessments. (Ord. 440 §1 (part), 1975)

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CHAPTER 13.24

PAYMENTS IN LIEU OF ASSESSMENTS

 

 

Repeal of former Chapter 13.24COrdinance Number 440, effective July 26, 1975, repealed former Chapter 13.24 and enacted new Chapter 13.24 in lieu of repealed provisions. Former Chapter 13.24 derived from CCK §5.9B.l to 5.9B.8; Ord. 403A §4, 1973; Ord. 363 §1, 1971.

 

 

13.24.010 Payment in lieu of assessments required

13.24.020 Amount of payment in lieu of assessment

13.24.030 Installment payments in lieu of assessment

13.24.040 Payment for additional area

13.24.050 Extension of utility improvements

13.24.060 Delinquency

13.24.070 Waiver of payment in lieu of assessment

 


13.24.010 Payment in lieu of assessments required. The owner of property within a water or sewer utility service area shall, if the property has not been included with any water or sewer assessment district, as a condition precedent to construction or installation of a service connection, pay or agree to pay to the city a payment in lieu of assessment. (Ord. 440 §2 (part), 1975)

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13.24.020 Amount of payment in lieu of assessment. (a) The payment in lieu of assessment shall be calculated upon the square feet of area in the property to a depth of one hundred fifty feet from the improvement or dedicated public right-of-way in which the improvement is located.

    (b) If the cost per square foot for the improvement was established in conjunction with assessments in an adjacent special improvement district, the payment in lieu of assessment shall be calculated using the same rate per square foot. If the cost of the improvement has not been so established, the average cost per square foot to the city for a similar improvement during the fiscal year preceding the request for service shall be used as the square foot rate for the assessment. (Ord. 440 §2 (part), 1975)

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13.24.030 Installment payments in lieu of assessment. (a) The required payment in lieu of assessment may be paid in twenty equal quarterly installments if the property owner executes a mortgage agreement to the city secured by the property to be served. The first quarter installment shall be payable at the time of application for utility service and remaining installments are payable at quarterly intervals on or before the dates to be established in the promissory note. The notes shall bear interest at the rate determined applied by the city to the adjacent special assessment district for the construction of the improvement or, if the improvement was not constructed in conjunction with an adjacent special assessment district, then at the rate of interest paid by the city on its most recent bond issue.

    (b) The property owner may prepay all or any portion of the payment in lieu of assessment at any time without penalty. The mortgage agreement shall be in a form approved by the city attorney. (Ord. 440 §2 (part), 1975)

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13.24.040 Payment for additional area. A property owner who has paid an assessment or payment in lieu of assessment, and who is requesting service from the public improvement for which the owner was assessed to a portion of the property not included in the calculation of the assessment or payment in lieu of assessment, shall, as a condition for service, pay an additional payment in lieu of assessment. The additional payment shall be calculated using the rate per square foot utilized in calculating the prior assessment or payment in lieu of assessment, for the area from the boundary of the previously assessable area to a parallel line contiguous to the most distant portion of the premises to be served. (Ord. 440 §2 (part), 1975)

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13.24.050 Extension of utility improvements. (a) The owners of property lying outside of existing utility service areas may petition the city council for the installation of utility facilities and provision of utility service. If the owners of not less than sixty percent in value of the properties to be benefited by the utility facilities to be constructed execute a mortgage agreement to secure a payment in lieu of assessment, and agree to accept utility service within two years after completion of the improvements, the city council may, if it determines the construction to be economically feasible, authorize construction of the improvements and the furnishing of the utility service. The payment in lieu of assessment shall be calculated in the same manner as provided in chapter 13.20 of this title for special assessments.

    (b) The mortgage agreement shall estimate the payment to be required based on the average cost incurred during the previous year for similar improvements multiplied by an appropriate inflation factor. Upon execution of the necessary mortgages, engineering work shall be completed and bids for construction accepted. The property owners shall be notified in writing of the cost per square foot of the lowest acceptable bid and they may, within ten days after receipt of that notice, elect to terminate their mortgage agreement. Termination shall be contingent upon payment of that portion of engineering costs attributable to the property if the project is canceled because owners of less than sixty percent in value of the property continue to support the improvement. (Ord. 440 §2 (part), 1975)

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13.24.060 Delinquency. If a property owner becomes delinquent in any payment in lieu of assessment for utility improvements, the city may discontinue the utility service. Discontinuance of the utility service for delinquency shall not affect the city's right to collect remaining payments or installments. The water utility mortgage shall provide for the discontinuance of service for delinquency in payment or for breach of any other provision of the mortgage. (Ord. 440 §2 (part), 1975)

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13.24.070 Waiver of payment in lieu of assessment. At the city manager's discretion, the requirement of a payment in lieu of assessment may be waived if a utility extension in excess of one hundred fifty feet is necessary to serve the property and the construction of a utility main in the proximate future appears economically feasible. At such time as the utility facility is constructed, the payment in lieu of assessment shall be required. (Ord. 440 §2 (part). 1975)

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CHAPTER 13.28

ELECTRIC UTILITY

For charter provisions regarding public utility services, see City Charter Article VIII

 


13.28.010 Electric Utility

13.28.020 Rates, terms, and conditions of service

 

13.28.010 Electric Utility. The city electric utility is established. The electric utility provides service within the St. Paul Harbor, St. Herman Harbor, and the Kodiak waterways, piers, and docks. The electric utility service area shall be as described in the certificate of public convenience and necessity to operate an electric public utility that is issued to the city by the Regulatory Commission of Alaska, as amended from time to time.

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13.28.020 Rates, terms, and conditions of service. The rates for electric utility service provided by the city, and the terms and conditions under which the city will provide electric utility service, shall be established by resolution or motion of the city council. A tariff setting forth the current rates, terms, and conditions of service for the electric utility shall be maintained at the city offices and at the office of the harbormaster. (Ord. 1123, 2000)

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