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TITLE -18 PUBLIC PROPERTY



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For statutory provisions regarding eminent domain, see AS 29.35.030.





CHAPTER 18.04
TIDELANDS DEFINITIONS


For statutory provisions regarding tidelands, see AS 38.10.


18.04.010 Generally

18.04.020 Alaska

18.04.030 Agricultural lands

18.04.040 Assessor

18.04.050 City

18.04.060 City clerk

18.04.070 City engineer

18.04.080 Class I preference right

18.04.090 Class II preference right

18.04.100 Class III preference right

18.04.110 Council

18.04.120 Director

18.04.130 Director's line

18.04.140 Fair market value

18.04.150 Fill

18.04.160 Harbor line

18.04.170 Hearings officer

18.04.180 Improvements

18.04.190 Industrial and commercial lands

18.04.200 Kodiak

18.04.210 Mayor

18.04.220 Mean high tide

18.04.230 Mean low water

18.04.240 Occupant

18.04.250 Occupied or developed

18.04.260 Park and recreation lands

18.04.270 Person

18.04.280 Pierhead line

18.04.290 Preference right

18.04.300 State

18.04.310 Submerged lands

18.04.320 Substantial permanent improvements

18.04.330 Tidelands

18.04.340 Tidelands subdivision plat

18.04.010 Generally. For the purposes of chapters 18.04 through 18.16, the terms defined in this chapter have the meaning provided unless the context requires otherwise. (CCK Art. I §9.1.1 (part))  

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18.04.020 Alaska. "Alaska" means the state of Alaska. (CCK Art. I §9.1.1(1)) 

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18.04.030 Agricultural lands. "Agricultural lands" mean tidelands chiefly valuable for agricultural purposes. (CCK Art. I §9.1.1(2))
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18.04.040 Assessor
. "Assessor" means the assessor of the borough of Kodiak Island, Alaska. (Ord. 695 '25, 1983; CCK Art. I §9.1.1(3))
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18.04.050 City
. "City" means the city of Kodiak, Alaska. (CCK Art. I §9.1.1(4))
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18.04.060 City clerk. "City clerk" means the clerk of the city. (CCK Art. I §9.1.1(9))

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18.04.070 City engineer. "City engineer" means the city engineer, or other city official designated to perform the functions herein assigned to the city engineer. (CCK Art. I §9.1.1(5)) 

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18.04.080 Class I Preference right. "Class I preference right" means the right extended to persons who occupied and developed tide and contiguous submerged lands seaward of the city on and prior to September 7, 1957, after executing a waiver to the city and state of all rights such occupant may have had pursuant to public law 85-303. Upon execution of the waiver, such persons or their successor in interest have the right to acquire such occupied and developed tide and contiguous submerged lands from the city for consideration not in excess of the cost of survey, transferring and conveying of title. (CCK Art. I §9.1.1(6)) 

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18.04.090 Class II preference right. "Class II preference right" means the right extended to Class I preference right claimants who refuse to execute a waiver to the city of any rights such occupants may have acquired pursuant to public law 85-303. It shall be mandatory for the city to expeditiously honor the application from the occupant after the secretary of the army has submitted to the secretary of the interior, governor of the state, and the city maps showing the pierhead line established by the corps of engineers with respect to the tract so granted. (CCK Art. I §9.1.1(7)

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18.04.100 Class III preference right. "Class III preference right" means the right extended to persons who occupied and developed tide and submerged lands after September 7, 1957, and who continued to occupy the same on January 3, 1959. Such persons, or their successors in interest, have the right to acquire such occupied and developed tide and submerged lands for a consideration not to exceed the cost of appraisal, administering and transferring, including survey, together with the appraised fair market value thereof, exclusive of any value occurring from improvements or development, such as fill material, building, or structures thereon. (CCK Art. I §9.1.1(8) 

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18.04.110 Council. "Council" means the council of the city. (CCK Art. I §9.1.1(10)
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18.04.120 Director
. "Director" means the director of lands, state of Alaska. (CCK Art. I §9.1.1(11)

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18.04.130 Director's line. "Director's line" means a line seaward of the city, approved by the director, with the concurrence of the commissioner of natural resources, state of Alaska, seaward of all tide and submerged lands occupied or suitable for occupation and development without unreasonable interference with navigation, established prior to the pierhead or harbor lines. (CCK Art. I §9.1.1(12)

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18.04.140 Fair market value. "Fair market value" means the highest price, described in terms of money, which the property would bring if exposed for sale for a reasonable time in the open market, with a seller, willing but not forced to sell, and a buyer, willing but not forced to buy, both being fully informed of all the purposes for which the property is best adapted or could be used. (CCK Art. I §9.1.1(14)

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18.04.150 Fill. "Fill" means earth, gravel, rock, sand, or other similar materials placed upon tide or contiguous submerged lands for the purpose of elevating the lands for a specific useful purpose. Earth, gravel, rock, sand, or other similar materials placed on tide or contiguous submerged land solely for the purpose of spoils disposal shall not be considered "fill". (CCK Art. I §9.1.1(13)

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18.04.160 Harbor line. "Harbor line" means that line fixed by the secretary of the army which is the limit to which piers, wharves, bulkheads, or other work may be extended in navigable waters without further authorization (30 Stat. 1151; 33 U.S.C. 404). (CCK Art. I §9.1.1(15)

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18.04.170 Hearings officer. "Hearings officer" means that city official employed to hear disputes between claimants, summarize the testimony, attempt to reach stipulations of fact between the parties, assemble the record of the dispute, and submit the same to the council for determination. (CCK Art. I §9.1.1(16)

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18.04.180 Improvements. "Improvements" means buildings, wharves, piers, dry docks, and other similar types of structures permanently fixed to the tide or contiguous submerged lands that were constructed and/or maintained by the applicant for business, commercial, recreation, residential, or other beneficial uses or purposes. Fill material for beneficial purposes by the applicant shall be considered a permanent improvement, but in no event shall fill be considered a permanent improvement when placed on the tidelands solely for the purpose of disposing of waste or spoils. (CCK Art. I §9.1.1(17)

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18.04.190 Industrial and commercial lands. "Industrial and commercial lands" means tidelands chiefly valuable for industrial, manufacturing, or commercial purposes. (CCK Art. I §9.1.1(18)

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18.04.200 Kodiak. "Kodiak" means the city of Kodiak, Alaska (CCK Art. I §9.1.1(19)

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18.04.210 Mayor. "Mayor" means the mayor of the city of Kodiak. (CCK Art. I §9.1.1(20)

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18.04.220 Mean high tide. "Mean high tide" means the tidal datum plane of the average of all the high tides as may be or has been established by the United States coast and geodetic survey. "Mean high water line" means the intersection of the datum plane of mean high water with the shore. (CCK Art. I §9.1.1(21)

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18.04.230 Mean low water. "Mean low water" means the tide datum plane of the average of the low tides as has or may be established by the United States coast and geodetic survey. (CCK Art. I §9.1.1(22)

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18.04.240 Occupant. (a) "Occupant" means any person as defined herein, or his successor in interest, who actually occupied for any business, residential, or other beneficial purpose, tidelands, or tide and submerged lands contiguous thereto, within the conveyance of such by the state to the city, on or prior to January 3, 1959, with substantial permanent improvements. The holder of a permit of clearance in respect to interference of navigation, or of a special use permit from a government agency will not qualify as an "occupant" unless such entry on the land had, through exercise of reasonable diligence, resulted in actual occupancy and substantial permanent improvements. No person shall be considered an occupant by reason of having:

(1) Placed a fish trap in position for operation or storage upon the tide, shore, or submerged lands;

(2) Placed a setnet or piling therefore or any other device or facility for taking of fish;

(3) Placed pilings or dolphins for log storage or other moorage;

(4) Placed telephone, power, or other transmission facilities, roads, trails, or other improvements not requiring exclusive use or possession of tide or contiguous submerged lands;

(5) Placed floats or vessels upon the tide, shore, or submerged lands; or

(6) Claimed the land by virtue of some form of constructive occupancy.

    (b) Where land is occupied by a person other than the owner of the improvements thereon, the owner of the improvements shall, for the purposes of chapters 18.04 through 18.16, be considered the occupant of such lands. (CCK Art. I §9.1.1(23)

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18.04.250 Occupied or developed. "Occupied or developed" means the actual use, control, and occupancy, but not necessarily residence, of the tide and contiguous submerged land by the establishment thereon of substantial permanent improvements. (CCK Art. I §9.1.1(24)

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18.04.260 Park and recreation lands. "Park and recreation lands" means tidelands chiefly valuable for public park and recreation use, including scenic overlooks. (CCK Art. I §9.1.1(26)

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18.04.270 Person. "Person" means any person, firm, corporation, cooperative association, partnership, or other entity legally capable of owning land or any interest therein. (CCK Art. I §9.1.1(27)

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18.04.280 Pierhead line. "Pierhead line" is a line fixed by the corps of engineers of the department of the army that is parallel to existing line of mean low tide at such distance offshore from the line of mean low tide that the pierhead line shall encompass, to the landward, all stationary man-made structures (but shall not encompass any part of breakwaters, bridges, or piers used for vessel dockage which part extends beyond such a parallel line marking the seaward extremity of other man-made structures) which were in existence as of February 1, 1957, to seaward of the particular townsite for which the pierhead line is being established, and shall encompass no more, public law 85-303 (71 Stat. 623) 1957. (CCK Art. I §9.1.1(29)

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18.04.290 Preference right. "Preference right", subject to the classifications thereto established hereafter, means and includes the right of an occupant to acquire by grant, purchase, or otherwise, at the election of the occupant, except as otherwise limited or prescribed in these regulations, any tract or tracts of tidelands, or tide and submerged land contiguous thereto, occupied or developed by such occupant on and prior to January 3, 1959. (CCK Art. I §9.1.1(28)

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18.04.300 State. "State" means the state of Alaska. (CCK Art. I §9.1.1(30)

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18.04.310 Submerged lands. "Submerged lands" means land covered by tidal waters between the line of mean low water and seaward to the director's line or as may hereafter be properly claimed by the city. (CCK Art. I §9.1.1(31)

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18.04.320 Substantial permanent improvements. "Substantial permanent improvements" shall for the purposes of chapters 18.04 through 18.16 have the same meaning as "improvements" as defined in section 18.04.180. (CCK Art. I §9.1.1 (32)

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18.04.330 Tidelands. "Tidelands" means lands periodically covered by tidal waters between the elevations of mean high and mean low tides. (CCK Art. I §9.1.1(33)

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18.04.340 Tidelands subdivision plat. "Tidelands subdivision plat" is that certain plat of subdivision of tide and submerged lands conveyed by the state to the city made by Hubbell and Waller Engineering Corp., registered engineers, and James R. Barr, consulting engineer, dated February 4, 1961, and August 10, 1962, showing all structures and improvements thereon and the boundaries of each tract occupied or developed, together with the name of the owner or claimant thereof, including within the boundaries of each tract occupied or developed, such surrounding tide and submerged lands as shall be reasonably necessary in the opinion of the council for the use and enjoyment of the structures and improvements thereon by the owner and claimant, but shall not include any tide or submerged lands which, if granted to such occupant, would unjustly deprive any occupant of adjoining lands from the reasonable use and enjoyment thereof. In addition to the foregoing, this plat shall show tract numbers, the measurements of the boundary lines embracing such structures and improvements, the number of square feet of area in each tract, and there shall be at least one survey monument at one corner of each tract, provided that if all corners fall in unsafe places, a witness corner shall be established on an extension of the side boundary line. Tide and submerged lands which are not occupied or developed by the establishment thereon of substantial permanent improvements as herein defined, but which are included within the boundaries or subdivided tracts as being reasonably necessary, in the opinion of the council, for the use and enjoyment of the structures and improvements thereon by the owner or claimant, were so included at the direction of the council after public notice, hearing, and due consideration. (CCK Art. I §9.1.1(34))

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 18.08


CHAPTER 18.08
TIDELANDS, PLATS, PREFERENCE RIGHTS

18.08.010 Approval and acceptance of state conveyance

18.08.020 Approval and adoption of subdivision plat

18.08.030 Time and places of posting plat

18.08.040 Publication of notice of posting plat

18.08.050 Time in which applications will be accepted for filing

18.08.060 Procedure for filing applications

18.08.070 Deposits for costs prerequisite to filing

18.08.080 Additional costs in certain cases

18.08.090 Procedures for processing filed applications

18.08.100 Appraisal by assessor

18.08.110 Review by city engineer

18.08.120 Processing of approved applications

18.08.130 Deeds, permanent register

18.08.140 Hearings officer, duties

18.08.150 Proceedings for determination by council of all disputes

18.08.160 Determination upon stipulation of facts

18.08.170 Rejection of protests other than by applicant

18.08.180 Handling of deposit and purchase funds

18.08.190 Forfeiture of preference right

18.08.010 Approval and acceptance of state conveyance. The conveyance by the state to the city, dated April 12, 1962, of tide and submerged lands lying seaward of the city is approved and accepted and the lands therein are declared incorporated into the city limits. (CCK Art. II §9.1.1

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18.08.020 Approval and adoption of subdivision plat. The tidelands subdivision plat, hereinafter called plat, being the preliminary plat as amended by the council after public hearing thereon and due consideration thereof, is approved and adopted as the official tidelands subdivision plat of the city, of tide and submerged lands conveyed by the state to the city, by conveyance dated April 12, 1962. (CCK Art. II §9.1.2

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18.08.030 Time and places of posting plat. The plat shall be posted for a period of not less than sixty days, commencing twenty days after the date of final passage of chapters 18.04 through 18.16, in three public places in the city, namely:

    (a) In the office of the city clerk, city hall;

    (b) In the National Bank of Alaska building; and

    (c) In the Donnelly building. (CCK Art. II §9.1.3

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18.08.040 Publication of notice of posting plat. The city clerk shall cause to be issued and published once a week for four weeks, in a newspaper of general circulation in the city, commencing twenty days after the date of final passage of chapters 18.04 through 18.16, a notice of the posting of the plat containing the following statements:

(a) Time and places of posting;

(b) The date of final passage, and the effective date of chapters 18.04 through 18.16, which adopts the plat as the official tidelands subdivision plat of the tide and submerged lands conveyed by the state to the city on April 12, 1962;

(c) That any and all persons, having or claiming preference rights provided by law and as herein defined to any part or parts of the subdivided land embraced within the boundaries of the plat, who fail to apply to exercise such rights under the provisions of chapters 18.04 through 18.16 within two years from and after August 26, 1962, which is declared to be the date upon which applications therefore will be first accepted by the city, have forfeited their preference rights provided by law and chapters 18.04 through 18.16;

(d) That chapter 18.04 through 18.16 were enacted to protect occupants having preference rights, to afford due process of law, to provide procedures for applying for exercise of preference rights, for hearing and adjudicating adverse claims, and for conveying title to occupants holding preference rights defined by law and chapters 18.04 through 18.16; and

(e) That copies of chapters 18.04 through 18.16 and application forms are available at the office of the city clerk. (CCK Art. II §9.1.4

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18.08.050 Time in which applications will be accepted for filing. Application forms will be accepted for filing on August 26, 1962, and ending two calendar years thereafter and at the close of business at five p.m., on August 26, 1964, after which no application forms will be furnished and after which no applications will be accepted for filing. (CCK Art. II §9.1.5

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18.08.060 Procedure for filing applications. Applications shall be submitted, and will be received for filing, only for the purpose of claiming preference rights herein defined to the tide and submerged lands conveyed by the state to the city.

    (a) Application forms will be provided by the city clerk without charge at the clerk's office in the city hall.

    (b) Applications must be submitted in triplicate.

    (c) Applications not clearly legible nor properly completed and certified by the applicant will not be accepted for filing. Since the facts alleged may be used in hearings of disputes, their truth must be certified. The facts alleged will also be the basis for the conveyance of valuable property. Willful and deliberate misstatements of fact will be equivalent to attempting to obtain valuable public property by misrepresentation and may be prosecuted as obtaining property under false pretenses.

    (d) Applications may be delivered or mailed to the city clerk, box 1397, Kodiak, Alaska, with the proper deposit computed according to the nature of the application made. Applications properly completed accompanied with the proper deposit will be stamped with the time and date of filing and signed by the person accepting the deposit. The triplicate copy will then be delivered to the applicant or mailed if a return envelope with postage affixed is furnished.

    (e) Any application for a deed based on an asserted right other than a preference right shall be rejected. An application based on more than one preference right of the classes herein defined may not be accepted for filing.

    (f) Any applications for Class II preference right shall be filed by the city clerk together with all others of like nature to await the official promulgation of the pierhead line. Thereafter such applications shall be processed as applications under the Class I rights.

    (g) No single application based on more than one class of preference right, nor any single application claiming title to two or more tracts which are not contiguous, shall be accepted for filing. Such applications shall be rejected and delivered to the applicant, or mailed if a return envelope with postage affixed is furnished.

    (h) Applications not accompanied by the proper deposit for costs shall be rejected. (CCK Art. II §9.1.6)

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18.08.070 Deposits for costs prerequisite to filing. The application form will assist the applicant in determining the proper costs to advance, which will depend upon the nature of the right claimed. In all cases, a filing fee of ten dollars will be required. Survey costs depend upon the area claimed at the rate of two cents per square foot. If the area claimed is different from the tract as it appears on the plat, the applicant shall show the measurements of the additional or lesser area claimed and compute and pay the different survey cost accordingly. Transfer costs will be the same in all cases. They cover the cost of time estimated to be required to prepare and execute the deed, publish notice, give notice of additional costs, if any, and give notice to applicant. In all cases transfer costs will be in the amount of thirty-five dollars. Deposit for appraisal costs will be required in all cases of Class III preference rights, or where another asserted right is determined by the council to be a Class III right. Appraisal costs will depend upon the area involved and the complexity of the appraisal sought. Where required as a deposit, the minimum amount is twenty-five dollars, but additional amounts not exceeding twenty-five dollars may be required prior to delivery of deed. (CCK Art. II §9.1.7)

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18.08.080 Additional costs in certain cases. Aside from deposits required at the time of filing applications, additional costs will be required to be paid prior to hearings where disputes require hearings, and for costs of land under a Class III right as well as appraisal thereof when a preference right sought to be exercised is determined to be a Class III right, as follows:

    (a) When the area claimed does not comply with the boundaries of the tract shown on the plat, it is necessary to have a hearing to establish the validity of the right claimed and whether it is necessary for the plat to be changed to comply with the application. This may require notice to be given to adjacent occupants interested in the difference between the lands claimed and land as shown on the plat so that all parties in interest may be heard at the hearing.

    (b) When applications conflict with the same area or portions thereof, it shall be necessary to conduct a hearing to determine the facts and the issue in question. Conflicting claims will be carefully scrutinized and each disputing party will bear the burden of proving facts sufficient to establish the validity of the claim.

    (c) The party filing an application conflicting with a claim previously filed shall be required to deposit hearing costs in the amount of fifty dollars. If the conflict is not known at the time of filing, the applicant shall be advised of the conflict as soon as it is known and of the need to deposit the hearing costs.

    (d) The applicant who, after hearing and determination by the council, is determined to have claimed the land of another shall be the party to bear the costs of the hearing. If such party did not deposit such costs, no deed shall be delivered until the cost is paid. Where the depositor is the prevailing party, the hearing cost deposited shall be refunded by the city.

    (e) When title by Class III preference right is claimed, the applicant shall be required to deposit the appraised purchase price after appraisal has been made and the purchase price has been so determined. The same procedure will be applied when an application under another class of right is sought but it is determined that the only available right to the applicant is a Class III right.

    (f) When a preference right is sought to be exercised other than a Class III right and such right is determined to be a Class III right, then the applicant shall be required to deposit the estimated cost of appraising the property claimed.

    (g) The applicant who receives the deed from the city shall bear the cost of documentary stamps and the cost of recording the deed. (CCK Art. II §9.1.8)

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18.08.090 Procedures for processing filed applications. The city clerk shall cause the following procedures to be carried out:

    (a) All three copies of applications accepted for filing shall be stamped with time and date of filing and an application number in chronological order of filing.

    (b) All original applications shall be filed in a permanent register and the names of the applicants entered in an alphabetical index which shall be a permanent part of such register.

    (c) The application register shall be available for public inspection during office hours of the city clerk, except when in actual use for filing and indexing.

    (d) Certified copies of all applications shall be prepared for all persons upon request upon their paying fifty cents per page for copies of the applications and any attachments forming a part thereof.

    (e) Processing of duplicate applications. The third copy of the application will be returned to the applicant as receipt for deposit made, or mailed to applicant if a return envelope has been provided. The second copy shall be the working file copy to be handled and processed as follows:

(1) Applications to exercise Class I preference rights having waivers attached and which apply for lands which comply with the plat with respect to area and boundary locations shall be transmitted to the city engineer for handling as provided in section 18.08.110(b). Applications to exercise Class I preference rights which do not have waivers attached, irrespective of whether the lands applied for comply with the plat, shall be segregated for handling in the same manner as Class II preference right applications.

(2) Applications to exercise Class I preference rights having waivers attached and which claim lands which do not comply with the plat with respect to area and boundary locations shall be transmitted to the city engineer for handling as provided in section 18.08.110(a) and further processed as provided in section 18.08.140.

(3) Applications to exercise Class II preference rights shall be segregated and kept with Class I preference right applications not having waivers attached. All such applications shall be held in abeyance by the city until such time as the pierhead line is established by the corps of engineers, whereupon such applications shall be promptly honored and processed in the manner herein described for Class I preference right applications to which waivers are attached.

(4) Applications to exercise Class III preference rights and all applications determined to be Class III, shall be transmitted to the assessor for appraisal as provided in section 18.08.100.

(5) No applications which combine Class I, Class II, and Class III, or any combination of such preference rights will be accepted for filing. Any such application presented for filing shall be returned to the applicant for revision into two or more applications, each of which will apply for land under only one type of preference right.

(6) Applications to exercise one class of preference right which in part comply with the plat with respect to area and boundary locations, but do not wholly comply with the plat in such respects, shall be treated as if no part of the application so complies with the plat and shall be processed for contest hearing. (CCK Art. II §9.1.9)

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18.08.100 Appraisal by assessor. All applications for Class III preference rights shall be transmitted to the assessor for appraisal. The appraisal shall be made on a form prepared in duplicate, the original of which shall be attached to the application and the duplicate of which shall be retained for the assessor's records. Applications when appraised shall be transmitted to the city engineer for further processing. (CCK Art. II §9.1.10)

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18.08.110 Review by city engineer. All applications being ready for processing shall be reviewed by the city engineer. Upon review and comparison with the plat, the engineer shall state, in duplicate, whether or not the application seeks to exercise a preference right to land which is described on the plat and complies with it in respect to area and boundary locations, and the interest of the city, if any, in the lands applied for.

    (a) Applications which do not comply with the plat or which seek to exercise a preference right to land in which the city has, or believes it has, an interest shall be transmitted to the hearings officer for further proceedings under section 18.08.140.

    (b) Applications which do comply with the plat with respect to area and boundaries and which do not seek to exercise a preference right to land in which the city has an interest, shall be considered approved and shall be returned to the city clerk for further proceedings under section 18.08.120. (CCK Art. II §9.1.11)

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18.08.120 Processing of approved applications. All applications returned to the city clerk approved by the city engineer, and appraised by the assessor, if required, shall be processed by the city clerk in the following manner. The city clerk shall ascertain if the deposit made by the applicant is sufficient to pay all known and estimated costs of survey, appraisal, transfer, and purchase, if of Class III, and if not, to advise the applicant that the remainder due shall be deposited with the city clerk before further processing. If or when the deposit is sufficient to pay all such costs, the city clerk shall cause to be published once a week for four weeks, in a newspaper of general circulation in the city, notice of the names of the applicant(s), the tract number(s) of the property claimed according to plat designations, and if Class III, its appraised value, and that the city will issue to the applicant(s) a deed therefore within thirty days after the date of last publication, provided that before the date of last publication no adverse application or claim has been filed with the city. During the period of publication, the applications therefore shall be returned to the city engineer, who shall at the end of the period of publication note on the applications whether or not any adverse claims have been filed for the land in question. If adverse claims have been filed, the applications shall be further processed for hearing. If no adverse claims have been filed, the respective applications shall be returned to the city clerk. (CCK Art. II §9.1.12)

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18.08.130 Deeds; permanent register. The city clerk shall then cause to be prepared a deed conveying such land to the applicant(s) by the city and transmit the deed to the mayor for execution. Notice shall then be sent to the applicant to take delivery of the deed at the office of the city clerk, who shall deliver the same to the applicant(s) if all requirements have been met and all costs, including purchase price, if required have been paid. Duplicate originals of all executed deeds shall be kept in the office of the city clerk in a permanent register entitled "Kodiak Tidelands Deeds" with permanent alphabetical index of grantees. (CCK Art. II §9.1.13)

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18.08.140 Hearings officer; duties. There is created, for the purpose of assisting the council in performing its duties of adjudicating disputes between claimants of preference rights to tide and submerged lands, the office of hearings officer. The hearings officer shall be a lawyer qualified to practice in Alaska and appointed by the council to serve without compensation other than an agreed part of the deposits made by claimants for hearing costs. The hearings officer's duty shall be to set disputes for hearing and hear the evidence under oath of the parties to the disputes. Proceedings shall be informally conducted and their object shall be to determine without delay the respective basis of the conflicting claims. Upon the submission of each dispute, the officer shall prepare a short summary of the conflicting claims and the evidence submitted in support thereof, together with findings of fact and conclusions of law. This summary shall be transmitted to the council for consideration and adjudication. (CCK Art. II §9.1.14)

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18.08.150 Proceedings for determination by council of all disputes. Upon receipt of the working files in all cases of disputes, and the summary of the hearings officer, together with copies of notices of hearings served upon or mailed to all parties to the dispute, the council shall set the dispute of hearing and determination, and cause notice to be served on all parties. Upon the council having heard the dispute, it shall enter its ruling thereon as quickly as possible, but not later than thirty days after the matter is submitted. Aggrieved persons shall have the right of appeal to the superior court. (CCK Art. II §9.1.15)

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18.08.160 Determination upon stipulation of facts. Wherever possible to reach agreement of the parties at hearings before the hearings officer, a stipulation of facts shall be prepared and agreed upon by the parties. Where this is done, the officer shall prepare and attach his conclusions of law and submit the file to the city engineer to determine if the city's interests are affected by the stipulation, or if a boundary change in the plat is necessary. If a plat boundary change is required and no third party or city interests are affected adversely by the proposed change in boundaries of tracts shown on the plat, upon approval of the council the plat shall be directed to be changed. Should it be determined by the city engineer that the stipulation adversely affects the interest of the city or those of third parties, the dispute shall be returned to the officer for further proceedings upon notice given to all parties. (CCK Art. II §9.1.16)

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18.08.170 Rejection of protests other than by applicant. No objections will be received to proposed issuance of deed by the city on publication of notice thereof, nor will any person be permitted to appear and be heard at any hearing of a dispute before the hearings officer or the council, unless such objector or person is an applicant for preference rights of Class I, II, or III and has filed an application therefore with the city clerk. (CCK Art. II §9.1.17)

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18.08.180 Handling of deposit and purchase funds. All funds received as deposits with applications for costs or purchase price for tide and submerged lands shall be deposited by the city clerk in the general fund. Such deposits will be credited by the city clerk as follows:

    (a) Survey costs, as a credit to disbursements made to the tidelands engineer;

    (b) Transfer costs, to administrative costs as deeds are issued;

    (c) Appraisal costs, to administrative costs as earned, or as credit to appraisal costs incurred;

    (d) Hearing costs, to administrative costs, hearings officer; and

    (e) Purchase costs of Class III lands shall be credited to a separate account in the general fund. (CCK Art. II §9.1.18)

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18.08.190 Forfeiture of preference rights. Any occupant or owner or holder of preference rights as herein defined, who has not applied to the city for title thereto as herein provided, on or before two years after the date applications to exercise preference rights will be accepted for filing by the city under chapters 18.04 through 18.16 by a properly completed application duly filed with the city clerk and accompanied by the required deposit, has forfeited all right to assert the preference rights and acquire title to tide and submerged lands subject thereto from the city; and such tidelands and contiguous submerged lands subject to such unused preference rights shall thereafter be free and clear of all claims to preference rights and the city has no obligation to convey the same to any person or persons whomsoever, and the land shall then remain the property of the city and be subject to such disposition as hereinafter provided in chapter 18.12. (CCK Art. II §9.1.19)

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 18.12


CHAPTER 18.12
  TIDELANDS, NONPREFERENCE AREAS


Repeal of former Chapter 18.12, Ordinance Number 856, effective March 25, 1989, repealed former Chapter 18.12 and enacted new Chapter 18.12 in lieu of the repealed provisions. Former Chapter 18.12 derived from CCK Art. III §9.1.1 to §9.1.54; Ord. 302, 1967; Ord. 316, 1968.


18.12.010 Lands available for lease or sale

18.12.020 Qualifications of applicants or bidders

18.12.030 Applications procedure

18.12.040 Deposits for costs

18.12.050 Rights prior to lease or sale

18.12.060 Classification prior to lease or sale required

18.12.070 Public use

18.12.080 Repealed

18.12.090 Term of lease

18.12.100 Appraisal

18.12.110 Minimum rental or sales price

18.12.120 Repealed

18.12.130 Leasing procedure

18.12.140 Payment of annual rentals

18.12.150 Sale procedure, bond requirements

18.12.160 Public notice

18.12.170 Receipt of bid

18.12.180 City council's rejection

18.12.190 Appeal

18.12.195 Substandard parcels, negotiated sale

18.12.196 Negotiated sale after nonreceipt of bids

18.12.200 Completion of bid requirements

18.12.210 Issuance of lease, deed, or sales contract

18.12.220 Responsibility to properly locate on premises

18.12.230 Lease utilization

18.12.240 Adjustment of rental

18.12.250 Subleasing

18.12.255 Insurance

18.12.260 Assignments

18.12.270 Modifications

18.12.280 Cancellation, forfeiture

18.12.290 Notice or demand

18.12.300 Rights of mortgagee or lienholder

18.12.310 Entry and re-entry

18.12.320 Re-lease

18.12.330 Forfeiture of rental

18.12.340 Written waiver

18.12.350 Expiration of lease

18.12.360 Renewal of lease

18.12.370 Re-lease and purchase rights

18.12.380 Removal or reversion of improvements upon termination of lease

18.12.390 Rental for improvements on chattels not removed

18.12.400 Sanitation

18.12.410 Fire protection

18.12.420 Building and zoning codes

18.12.430 Inspection

18.12.440 Reservations and restrictions

18.12.450 Repealed

18.12.460 Ownership

18.12.470 Protection of fish and game

18.12.480 Repealed

18.12.490 Rights-of-way

18.12.500 Removal of materials

18.12.510 Waste and injury to land

18.12.520 Warranty

18.12.530 Lease rental credit

18.12.540 Approval of other authorities

18.12.550 Exchanges or trades by city

 

 

18.12.010 Lands available for lease or sale. All tide and submerged lands within the city limits to which the city holds title may be leased or sold as hereinafter provided for surface use only; provided, however, that sale of city-owned tide and submerged lands shall be made only if the council determines that such sale would be in the best interest of the public. (Ord. 856 (part), 1989)

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18.12.020 Qualifications of applicants or bidders. An applicant or bidder for a lease or purchase is qualified if the applicant or bidder:

    (a) Is a natural person of at least 18 years of age, or is a group, association, or corporation which is authorized to conduct business under the laws of Alaska; or

    (b) Is acting as an agent for another and has qualified by filing with the city clerk, prior to the time set for the auction, a proper power of attorney or letter of authorization creating such agency. The agent shall represent only one principal, to the exclusion of the agent. (Ord. 856 (part), 1989)

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18.12.030 Application procedure. (a) Where the council determines that one or more parcels of real property to which the city holds title are not needed for or devoted to a public use and that it would be in the best interest of the public to sell or lease the same without requiring the purchaser or lessee to develop or use the property in a particular manner, the council may sell or lease the property at public auction without requiring prospective bidders to submit applications or development plans.

     (b) In all other instances, a party wishing to lease or purchase city lands shall file an application with the city clerk on forms provided by the city clerk and available at the clerk's office. Only forms completed in full and accompanied by any required fees established by resolution or motion of the city council will be accepted for filing. With every application the applicant shall submit a development plan showing and stating:

(1) the purpose of the proposed lease or purchase;

(2) the use, value, and nature of improvements to be constructed;

(3) the type of construction;

(4) the dates construction is estimated to commence and be completed; and

(5) whether the intended use complies with the zoning provisions and comprehensive plan of the borough.

    (c) Notice of the receipt of a properly filed application and development plan for city lands and an invitation to other prospective applicants for the sale or lease of all or any part of the lands in question shall be announced at a regular meeting of the city council and published in a local newspaper at least three times. Said notice shall describe the lands in question and the nature of their proposed use and shall specify a date not earlier than forty-five days following the first publication of the notice by which any other qualified party wishing to buy or lease all or any part of the lands in question may submit an application and development plan. All duly filed applications shall be considered together and the council shall determine what property, if any, will be offered for sale or lease, the date upon which it will be offered, whether the property will be offered at public auction or by sealed bid, and which of the applications and development plans describe acceptable uses of the property. Only applicants who have submitted development plans which are deemed acceptable by the council will be permitted to bid.

    (d) The council may permit applications and development plans to be modified or amended after first having been submitted in a timely manner so long as all applicants are given the same opportunity to do so and shall permit a reasonable opportunity for such modification or amendment with respect to any application which describes a parcel of property different from that which the council elects to offer for sale or lease. (Ord. 951 §14, 1993; Ord. 856 (part), 1989)

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18.12.040 Deposits for costs
. All applications filed with the city clerk with respect to any particular parcel of tidelands will be forwarded to the city engineer or other designated official to determine the estimate of costs required to handle the application, including but not limited to one or more of the following: survey, appraisal, and advertising of the area under application. Upon determination, the official will notify the applicant in writing of such costs and a deposit shall be made therefore within thirty calendar days after the date of notice. Failure of the applicant to pay the deposit shall result in the application being canceled. If the applicant does not accept a lease or sale offer within thirty calendar days after it is offered to the applicant, all deposit money spent or encumbered for survey, appraisal, or advertising shall be forfeited, and the balance, if any, shall be returned to the applicant. If the land applied for upon which deposit for costs is made is leased or sold to another, the latter shall be required to pay actual costs of the survey, appraisal, and advertising, and the original deposit shall be returned to the depositor. Where the applicant becomes the lessee or owner, the applicant shall be required to pay any excess of costs over deposits, and where the deposit exceeds actual costs, the excess shall be credited to present or future rents under the lease, or to the purchase price. All survey, appraisal, and advertising shall be performed only under the authorization of the city, and any such work done without such authorization shall not qualify. (Ord. 856 (part), 1989)
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18.12.050 Rights prior to lease or sale
. No preference rights shall arise prior to issuance of a lease, deed, or sales contract. The filing of an application for a lease or purchase shall give the applicant no right to lease or purchase, or use of the land applied for and the council may, in its discretion, rescind or cancel any proposed sale or lease at any time prior to the opening of sealed bids or the beginning of a public auction. When the council elects to do so, however, all deposits and application fees shall be refunded. Any use not authorized by lease or purchase shall constitute a trespass against the city. (Ord. 856 (part), 1989)
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18.12.060 Classification prior to lease or sale required
. Before accepting applications to lease or purchase tide or submerged lands, the area involved shall first have been classified for permitted land uses and a land use plan of the area prepared by the Kodiak Island Borough planning and zoning commission and approved by the borough assembly. (Ord. 856 (part), 1989)
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18.12.070 Public use. (a) City tide or submerged lands may be donated, sold, or leased to, exchanged with, or otherwise made available to, any state or federal agency, or political subdivision of the state for less than the minimum rental or sales price otherwise established by this title if the council determines that the conveyance, lease, exchange, or permitted use would be in the best interests of the public.

    (b) Notwithstanding any other provisions of this title governing the minimum rental price for city tidelands, such tidelands, wherever located, may be leased for less than one-tenth of their approved appraised market value per year to a public utility or a nonprofit corporation or association if the council determines that the lease would be for a public purpose and in the best interest of the public.

    (c) The sale, lease, or exchange of city lands pursuant to subsections (a) or (b) of this section shall be exempt from all other requirements of this chapter. (Ord. 856 (part), 1989)

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18.12.080 Review. Repealed by Ordinance Number 856, effective March 25, 1989. Repealed §18.12.080 derived from CCK Art. III §9.1.8.

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18.12.090 Term of lease. Leases may be issued for a period up to and including fifty-five years by council action, but any lease for a term over five years shall be issued only after compliance with the requirements of section V-17 of the Kodiak City Charter. The term of any given lease shall depend upon the desirability of the proposed use, the amount of investment in improvements proposed and made, and the nature of improvement proposed with respect to durability and time required to amortize the proposed investment. For the purpose of this section the term of any given lease shall be calculated by including any renewal periods which may be invoked at the sole option of the lessee. (Ord. 856 (part), 1989)

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18.12.100 Appraisal
. No tide or submerged lands shall be leased or sold, or a renewal lease issued, unless the same has been appraised within six months prior to the date fixed for beginning of the term of the sale, lease, or renewal lease. Appraisals shall reflect the number and value of city services rendered, the land in question, its location, and other factors affecting its desirability. In the case of sales or leases to governmental entities or units or nonprofit corporations or associations, the most recent assessed valuation may be used in lieu of an appraisal. (Ord. 856 (part), 1989)
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18.12.110 Minimum rental or sales price. (a) Minimum annual rentals shall be one-tenth of the approved appraised market value, and shall be the lowest acceptable bid in the event of an auction. The minimum sale price shall be the approved appraised market value and the lowest acceptable bid in the event of an auction or sealed bid sale.

    (b) The council, in order to make sites available for new industries which will benefit the municipality, may sell, lease, or dispose of any such sites, including real property, upon the terms and conditions as it considers advantageous to the civic welfare of the city, to persons who will agree to install, maintain, and operate a beneficial new industry, without regard to the appraised market value.

    (c) Any contract which by its terms will not be fully executed within five years; which cannot be terminated by the city upon not more than one month's notice without penalty; and the sale or lease of any real property owned by the city or other disposal of interest therein, the value of which real property, lease, or interest is more than thirty thousand dollars shall be made in accordance with the provisions of section V-17 of the city charter. (Ord. 856 (part), 1989)

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18.12.120 Credit on sales price. Repealed by Ordinance Number 856, effective March 25, 1989.Repealed §18.12.120 derived from CCK Art. III §9.1.12.

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18.12.130 Leasing procedure. Leases for a term of five years or less with computed annual minimum rental of five thousand dollars or less may be negotiated or offered at public auction at the discretion of the council. All leases having a term of more than five years or having a computed annual minimum rental of more than five thousand dollars shall be offered at public auction. All public auctions of tide or submerged lands in the city shall be conducted by the city manager or an official designated by the city manager. At the completion of the auction of each tract of land, the official conducting the auction shall indicate the apparent high bidder. In the event of a re-lease, the original lease holder may exercise the right to meet the bid of the apparent high bidder under the circumstances described in section 18.12.370 of this code. Failure to do so at this time shall void and cancel such right. The apparent high bidder, or the original lease holder bidding on a re-lease if the re-lease holder's right is exercised, shall thereupon deposit with the official conducting the auction the portion of the annual rental then due, together with the unpaid costs of survey, appraisal, and advertising. All payments must be made in cash, money order, certified check, or cashier's check or any combination thereof. (Ord. 856 (part), 1989)

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18.12.140 Payment of annual rentals. Annual rentals of five hundred dollars or less shall be paid annually in advance. Annual rentals of an amount between five hundred dollars and one thousand dollars shall be paid in two equal installments each of which shall fall due on the first day of the first and seventh months of each lease year. Annual rentals of one thousand dollars or more shall be paid in advance each calendar month. (Ord. 856 (part), 1989)

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18.12.150 Sale procedure, bond requirements. The sale shall be made at public auction or by sealed bid to the highest qualified bidder, as shall be determined by the city manager. The sale shall be conducted by the city manager or manager's by certified check, an amount equal to one-tenth of the purchase price. The balance representative, and at the time of sale the successful bidder shall deposit, in cash or of the purchase price shall be payable in accordance with such terms and conditions as the city may determine and may be secured in any manner found acceptable to the city. Nothing in this section shall be construed as precluding the city from disposing of real property pursuant to a land sales installment contract. (Ord. 856 (part), 1989)

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18.12.160 Public notice. Public notice of lease or sale of land is required to be given under the provisions of chapters 18.04 through 18.16; such notice shall be published in a newspaper of general circulation published in the city at least thirty days before the sale, lease, or other disposition, and posted within that time in at least three public places in the city. The notice must contain a brief description of the land, its area and general location, proposed use, term, computed annual minimum rental or minimum sales price, limitations if any, and time and place set for the auction or bid opening. (Ord. 856 (part), 1989)

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18.12.170 Receipt of bid. Upon deposit of required sum by the apparent high bidder or prior lease holder bidding for a re-lease, or re-lease right bidder, the city clerk shall thereupon issue to the successful bidder a receipt for the required sum containing a description of the land or interest leased or sold, the price bid and terms of the lease or sale, the receipt whereof shall be acknowledged by the bidder in writing. (Ord. 856 (part), 1989)

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18.12.180 City council's rejection. Prior to the signing of the formal lease or sales contract by the city, the council may reject any and all bids when it determines that the best interests of the city clearly justifies such action. In such an event, however, and notwithstanding any other provisions of this chapter, all deposits and application fees submitted by any qualified bidder who has submitted an otherwise valid bid which equals or exceeds the minimum lease or sales price shall be refunded. (Ord. 856 (part), 1989)

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18.12.190 Appeal. An aggrieved bidder may appeal the city manager's determination of the apparent high bidder, or the re-lease right bidder to the council, within five days (excluding Saturday and Sunday) following such determination. Such appeals must be in writing and contain a short statement of the grounds for appeal. The council shall promptly review the asserted grounds for appeal and rule thereon. The council's decision shall be final, but without prejudice to any other right or rights the aggrieved bidder may have. (Ord. 856 (part), 1989)

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18.12.195 Substandard parcels, negotiated sale. (a) Notwithstanding any provisions of this chapter relating to advertising and competitive bids, the council may, by resolution, authorize the city manager to negotiate the sale of any substandard or irregular parcel of city tidelands to the contiguous upland property owner or owners at appraised value.

    (b) The appraisal may be determined with reference to the substandard or irregular nature of the parcel. The appraised value may be reduced by the value of any utility easements or rights-of-way retained by the city which are not of direct benefit to the purchaser.

    (c) The city shall retain such easements and rights-of-way through, across, or upon the parcel to be conveyed as are reasonably required to operate, maintain, repair, and replace existing utility facilities or which may be reasonably anticipated as necessary to the future construction and operations of such facilities.

    (d) As used in this section, the term "substandard or irregular" means a parcel of land containing an area less than the minimum required for improvement of the parcel under existing or projected zoning or one which because of its shape could not reasonably be improved without violating setback or yard requirements of such zone or zones. (Ord. 856 (part), 1989)

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18.12.196 Negotiated sale after nonreceipt of bids. Notwithstanding any provisions of sections 18.12.150 through 18.12.190 and 18.12.200 of this chapter relating to advertising and competitive bids, the council may, by resolution, authorize the city manager to negotiate the sale of any parcel of city land having an appraised value of $30,000.00 or less so long as (a) the sales price is not less than the appraised value,

    (b) the parcel was offered for sale at a public auction or pursuant to a solicitation for sealed bids and no valid bids were received, and

    (c) the negotiated sale is completed within sixty days following the auction or bid opening. (Ord. 856 (part), 1989)

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18.12.200 Completion of bid requirements. Following the appeal or, if there is no appeal, following expiration of the deadline for filing an appeal, the city manager shall notify the successful bidder that the city is prepared to issue an appropriate lease, deed or sales contract. Upon receipt of notice, the bidder is granted thirty calendar days in which to remit to the city manager any bid balance or any other sum that may be due and, in addition, shall complete all necessary documents. Failure to do so may, at the option of the city, result in forfeiture of any and all rights previously acquired by the bidder in the proposed transaction, and, in the forfeiture of any monies paid or deposited with the city. (Ord. 856 (part), 1989)

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18.12.210 Issuance of lease, deed, or sales contract. After expiration of the five day appeal period, or after the ruling on any determination appealed to the council, the city manager shall cause a lease, deed, or sales contract to be issued and executed containing such terms as the council by its determination shall establish. Notwithstanding the foregoing, however, whenever the city charter or any other provisions of this title requires the contract to be authorized pursuant to an ordinance, the city manager shall not execute the same prior to the effective date of that ordinance. (Ord. 856 (part), 1989)

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18.12.220 Responsibility to properly locate on premises. It shall be the responsibility of the lessee or purchaser to properly locate the boundaries of the leased or purchased land and to assure that all improvements are properly situated thereon. It is unlawful to encroach on other lands of the city. (Ord. 856 (part), 1989)

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18.12.230 Lease utilization. Leased tide and submerged lands shall be utilized for purposes within the scope of the application and the terms of the lease, in conformity with city ordinances, including the borough zoning ordinances, and in substantial conformity with the borough comprehensive plan. Utilization or development of leased property for other than the allowed uses constitutes a violation of the lease and subjects the lease to cancellation at any time. Failure to make substantial use of the land, consistent with the proposed use, within one year after the beginning of the lease term, at the discretion of the city manager, with the approval of the council, constitutes grounds for cancellation of the lease. (Ord. 856 (part), 1989)

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18.12.240 Adjustment of rental. All leases shall contain the agreement of the lessee to an adjustment of the annual rental payment by the council every fifth year. Any changes or adjustments shall be based primarily upon the values of comparable land in the same or similar areas exclusive of buildings, structures, appurtenances, equipment, landfill (except landfill wholly or partly placed by the city or other public authority) clearing, leveling, or roads owned by the lessee. (Ord. 856 (part), 1989)

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18.12.250 Subleasing. No lessee may sublease lands or any part thereof leased from the city without prior written permission approved by the council and signed by the city manager. Subleases shall be in writing and be subject to the terms and conditions of the original lease. (Ord. 856 (part), 1989)

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18.12.255 Insurance. Each lease or sales contract executed by the city shall contain a provision requiring the lessee or purchaser to obtain for the city's benefit and protection such insurance coverage as the city deems appropriate. (Ord. 856 (part), 1989)

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18.12.260 Assignments. The rights of a lessee or purchaser under a lease or under contract of sale may not be assigned unless the assignment is first approved by the council. The assignee shall be subject to all of the provisions of the lease or sales contract. (Ord. 856 (part), 1989)

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18.12.270 Modifications. No lease or sales contract may be modified orally or in any manner other than by an agreement in writing signed by all parties in interest or their successors in interest. (Ord. 856 (part), 1989)

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18.12.280 Cancellation, forfeiture. (a) Leases or sales contracts in good standing may be canceled in whole or in part, at any time, upon mutual written agreement by purchaser or lessee and the city manager.

    (b) Any lease used for an unlawful purpose may be canceled.

    (c) If the lessee shall default in the performance or observance of any of the lease terms, covenants, or stipulations, or shall violate any of the regulations now or hereafter in force, or any applicable provisions of the city or borough codes, and should the default continue for thirty calendar days after service of written notice by the city without remedy by lessee of the conditions constituting default, the city shall subject lessee to appropriate legal action, including, but not limited to, forfeiture of the lease. (Ord. 856 (part), 1989)

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18.12.290 Notice or demand. Any notice or demand, which under the terms of a lease or sales contract, or under any statute, must be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, addressed to the other party at the address of record. However, either party may designate in writing such new or other address to which such notice or demand shall thereafter be so given, made, or mailed. A notice given hereunder shall be deemed delivered when deposited in a United States general or branch post office enclosed in a registered or certified mail prepaid wrapper or envelope addressed as herein above provided. (Ord. 856 (part), 1989)

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18.12.300 Rights of mortgagee or lienholder. In the event of cancellation or forfeiture of a lease or sales contract for cause, the holder of a properly recorded mortgage, conditional assignment, or collateral assignment which has been approved by the city will have the option to acquire the lease or sales contract for the unexpired term thereof, subject to the same terms and conditions as in the original instrument. (Ord. 856 (part), 1989)

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18.12.310 Entry and re-entry. In the event that the lease or sales contract should be terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the event that the demised lands, or any part thereof, should be abandoned by the lessee during the term, the city or its agents, servants, or representatives, may, immediately or any time thereafter, re-enter and resume possession of the lands or any part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefore. (Ord. 856 (part), 1989)

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18.12.320 Re-lease. In the event that a lease or sales contract should be terminated as herein provided, or by summary proceedings, or otherwise, the council may offer the lands for lease or other appropriate disposal pursuant to the provisions of this chapter. (Ord. 856 (part), 1989)

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18.12.330 Forfeiture of rental. In the event that a lease should be terminated because of any breach by the lessee, as herein provided, all rental payments made by the lessee shall be forfeited and retained by the lessor as partial or total liquidated damages for the breach. (Ord. 856 (part), 1989)

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18.12.340 Written waiver. The receipt of rent by the city with knowledge of any breach of the lease by the lessee or of any default on the part of the lessee, shall not be construed as a waiver of any provisions of the lease, nor shall any failure on the part of the city to enforce any covenants or provisions of the lease, or a waiver of any such covenants or provisions in any one instance, discharge or invalidate such covenants or provisions or affect the right of the city to enforce the same in the event of any subsequent breach or default. Unless expressly agreed to the contrary in writing, the receipt, by the city, of any rent or any other sum of money after the giving of a notice of termination, shall not constitute or effect a withdrawal, cancellation or modification of that notice. (Ord. 856 (part), 1989)

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18.12.350 Expiration of lease. Unless the lease is renewed or sooner terminated as provided herein, the lessee shall peaceably and quietly leave, surrender, and yield up unto the lessor all of the leased land on the last day of the term of the lease. (Ord. 856 (part), 1989)

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18.12.360 Renewal of lease. If, at the expiration of any lease of any lands hereunder, the lessee desires a renewal lease on the lands, properties, or interests covered thereby, the lessee shall, not sooner than sixty calendar days prior to the expiration, and not later than thirty calendar days prior to the expiration, make application for a renewal lease in writing on forms provided entitled "Application for Renewal of Lease," certifying under oath lands, properties, or interests herein, the purpose for which the lessee desires a renewal lease and such other information as the city manager may require. The applicant shall deposit with the city clerk any required fees established by resolution or motion of the city council. The council may, but is not required to, thereupon lease the lands in compliance with all sections of this chapter with re-lease rights being allowed the former lessee if all other pertinent factors are substantially equivalent. For the purposes of this section, the date that the application for renewal of lease is presented to the office of the city clerk, as evidenced by the date stamped thereon, whether delivered or forwarded by regular, certified, or registered mail, shall be binding. (Ord. 951 §15, 1993; Ord. 856 (part), 1989)

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18.12.370 Re-lease and purchase rights. In the event that upon termination of an existing lease the city elects to offer the property for sale or re-lease, the lessee under the existing lease shall be allowed rights to re-lease or purchase the property if the lessee has constructed thereon improvements equal in value at the time of expiration of the lease to at least one-tenth of the then appraised value of the property. If the new lease does not require public auction, the existing lessee shall exercise the right within thirty calendar days after the re-lease is offered by the city. Failure to do so shall result in forfeiture and cancellation of the re-lease right. In the event the property is offered for lease or sale at public auction, the existing lessee shall, at the close of the bidding, indicate the desire to exercise the right and meet the highest bid. If the existing lessee does so choose, the lessee shall meet all the requirements of this chapter. If the existing lessee does not choose to exercise the right at that time, or does not fulfill the requirements of this chapter, all rights under this section are then forfeited and canceled. No rights shall inure to a lessee whose lease was canceled or terminated for cause or who is in default at the time of expiration of the lease. (Ord. 856 (part), 1989)

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18.12.380 Removal or reversion of improvements upon termination of lease. Improvements owned by a lessee shall, within sixty calendar days after the termination of the lease, be removed by the lessee; provided, such removal will not cause injury or damage to the land; and further provided, that the council may, but shall not be required to, extend the time for removing such improvements in cases where hard-ship is proven. The retiring lessee may, with the consent of the council, sell the improvements to the succeeding lessee. All periods of time granted lessees to remove improvements are subject to the lessee paying the city prorated lease rentals for the period.
     If any improvements and/or chattels having an appraised value in excess of five thousand dollars, as determined by the assessor, are not removed within the time allowed, such improvements and/or chattels shall, upon due notice to the lessee, be sold at public sale under the direction of the city manager. The proceeds of the sale shall inure to the lessee preceding if the lessee placed such improvements and/or chattels on the lands, after deducting for the city all rents due and owing and expenses incurred in making such sale. In case there are no other bidders at any such sale, the city manager is authorized to bid, with concurrence of the council, in the name of the city on such improvements and/or chattels. The bid money shall be taken from the fund to which the lands belong and this fund shall receive all monies or other value subsequently derived from the sale or leasing of such improvements and/or chattels. The city shall acquire all rights, both legal and equitable, that any other purchaser would acquire by reason of the purchase.
    If any improvements and/or chattels having an appraised value of five thousand dollars or less, as determined by the assessor, are not removed within the time allowed, then, at the option of the city, such improvements and/or chattels shall revert to, and absolute title shall vest in, the city. (Ord. 856 (part), 1989)
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18.12.390 Rental for improvements on chattels not removed
. Any improvements and/or chattels belonging to the lessee or placed on the lease during the lessee's tenure with or without the lessee's permission and remaining upon the premises after the termination date of the lease shall entitle the lessor to charge a reasonable rent therefore. (Ord. 856 (part), 1989)
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18.12.400 Sanitation. The lessee shall comply with all federal, state, and municipal regulations or ordinances which are promulgated for the promotion of sanitation or the protection of the environment. The premises of the lease shall be kept in a neat, clean, and sanitary condition and every effort shall be made to prevent the pollution of waters. (Ord. 856 (part), 1989)

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18.12.410 Fire Protection. The lessee will take all reasonable precautions to prevent, and take all necessary action to suppress, destructive or uncontrolled grass, brush, or other fires on leased lands and comply with all laws, regulations, and rules promulgated and enforced by the city for fire protection within the area wherein the leased premises are located. (Ord. 856 (part), 1989)

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18.12.420 Building and zoning codes. Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of the authority. Failure to do so shall constitute a violation of the lease. (Ord. 856 (part), 1989)

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18.12.430 Inspection. The lessee shall allow authorized representatives of the city to enter the leased land for inspection at any reasonable time according to the provisions set forth in section 1.08.010. (Ord. 856 (part), 1989)

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18.12.440 Reservations and restrictions. Each and every contract for the sale, lease, or grant of, and each deed to city tide and contiguous submerged lands, properties or interests therein, made under the provisions of chapters 18.04 through 18.16, shall be subject to a reservation of coal, oil, and mineral rights on the properties and such further restrictions and reservations as are necessary to protect the public interest, including all rights and powers reasonably necessary and convenient to render beneficial and efficient the complete enjoyment of such property rights so reserved. (Ord. 856 (part), 1989)

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18.12.450 Damages. Repealed by Ordinance Number 856, effective March 25, 1989. Repealed section 18.12.450 derived from CCK Art. III §9.1.45.

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18.12.460 Ownership
. Except as otherwise provided herein, the city, by virtue of section 47-2B-35(3) ACLA, 1959 Supp. and AS 38.05.820(b), reserves and has succeeded to all right, title, and interest of the state of Alaska in tide and submerged lands lying seaward of the city, including lands, improvements, reclaimed lands, or title to lands and natural resources it had to all lands permanently or periodically covered by tidal waters up to the line of mean high tide and seaward to the director's line, provided, however, that those lands and rights therein lawfully vested in others by acts of congress prior to January 3, 1959, shall not be infringed upon. (Ord. 856 (part), 1989)

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18.12.470 Protection of fish and game. Prior to any construction or development by any persons or governmental agency that will use, divert, obstruct, pollute, or utilize any river, lake, or stream of the state or materials from such water areas which have been designated as important for the spawning, rearing, or migration of anadromous fish, the commissioner of the Alaska department of fish and game shall be notified and a letter of approval obtained by the applicant pursuant to chapter 84, subsection 1, 2, SLA 1980, as amended. (Ord. 1041 §9, 1997; Ord. 856 (part), 1989)

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18.12.480 Herring spawn covenant. Repealed by Ordinance Number 695, effective October 8, 1983. Repealed section 18.12.480 derived from CCK Art. III §9.1.48.

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18.12.490 Rights-of-way. The city expressly reserves the right to grant easements or rights-of-way across leased land if it is determined in the best interest of the city to do so. The lessee whose lands such easements or rights-of-way shall cross shall be entitled to damages for all improvements destroyed or damaged. Damages shall be limited to improvements only, and loss shall be determined by fair market value. Annual rentals may be adjusted to compensate lessee for loss of use. (Ord. 856 (part), 1989)

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18.12.500 Removal of materials. Any person, firm, or corporation who has since January 3, 1959, removed any gravel, rock, or other materials comprising the tide and submerged land granted to the city by the state by the conveyance dated April 12, 1962, and has used the same for the placement of fill on any of such tide and submerged lands, shall, in addition to being liable to the city for the fair value of such material, be denied a deed under the provisions of chapters 18.04 through 18.16 for any land comprised of such material. (Ord. 856 (part), 1989)

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18.12.510 Waste and injury to land. If any person shall deposit waste or sewage, or trespass or otherwise injure city-owned tideland, the person so offending, in addition to being civilly liable for any damages caused, is guilty of a violation of this code. (Ord. 856 (part), 1989)

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18.12.520 Warranty. The city does not warrant by its classification of land that the land is ideally suited for the use authorized under the classification and no guaranty is given or implied that it shall be profitable to employ land to the use. (Ord. 856 (part), 1989)

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18.12.530 Lease rental credit. When authorized in writing by the council prior to the commencement of any work, the lessee may be granted credit against current or future rent, provided the work accomplished on or off the leased area results in increased valuation of the city-owned lands. This authorization may stipulate type of work, standards of construction, and the maximum allowable credit for the specific project. (Ord. 856 (part), 1989)

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18.12.540 Approval of other authorities. The issuance by the city of deeds or leases under the provisions of chapters 18.04 through 18.16 does not relieve the grantee or lessee of responsibility of obtaining licenses or permits as may be required by duly authorized state or federal agencies. (Ord. 856 (part), 1989)

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18.12.550 Exchanges or trades by city. Notwithstanding anything contained herein, the city may exchange or trade interests in property if, in the discretion of the council, it is to the city's advantage to do so, and such transactions are exempt from the competitive bidding provisions of this chapter. (Ord. 856 (part), 1989)

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 18.16

 

CHAPTER 18.16
TIDELANDS, USE AND DISPOSAL OF MATERIALS


18.16.010 Unauthorized removal of material, misdemeanor

18.16.020 Deeds or leases not to authorize removal of material

18.16.030 Applications for use of material



18.16.010 Unauthorized removal of material, misdemeanor. Any person, firm, or corporation who, without written authority from the city, removes rock, gravel, or other material from the tide and submerged lands conveyed by the state to the city is guilty of a misdemeanor. (CCK Art. IV §9.1.1)

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18.16.020 Deeds or leases not to authorize removal of material. No deed or lease granted by the city to any person contains terms or grants any right to remove material from city tide and submerged lands, nor to use any such material removed from such tide and submerged lands after January 3, 1959. (CCK Art. IV §9.1.2)

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18.16.030 Applications for use of material. In recognition that conditions may exist from time to time whereby use of such tide and submerged lands and the material comprising the same may be beneficial to the public interest and promote the progress and development of the city, applications for the use thereof may be received and considered by the city manager, providing such applications fully disclose to the city all material, facts, and plans for the proposed use. Such applications shall be consistent with the comprehensive plan of the city and referred to the Kodiak Island borough planning and zoning commission for its recommendations. Disposition of such applications shall be made by the council and any disposition granting any right or interest to tide and submerged lands or material comprising the same shall be made by resolution of the council after consideration and finding that such disposition shall be in the best interests of the general public. (Ord. 1041 §10, 1997; CCK Art. IV §9.1.3)

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 18.20

 
CHAPTER 18.20
DISPOSAL OF REAL PROPERTY


For charter provisions regarding contracts and sales, see City Charter V -17. Repeal of former Chapter 18.20.COrdinance Number 857, effective March 25, 1989, repealed former Chapter 18.20 and enacted new Chapter 18.20 in lieu of the repealed provisions. Former Chapter 18.20 derived from CCK §9.2.1 to §9.2.47; Ord. 315, 1968; Ord. 452, 1975; Ord. 559, 1979; Ord. 639, 1982; Ord. 663, 1983; Ord. 695, 1983; Ord. 741, 1984; Ord. 814, 1987.


18.20.010 Lands available

18.20.020 Classification

18.20.030 Public use

18.20.040 Qualifications of applicants or bidders

18.20.050 Application procedure

18.20.060 Deposits for costs

18.20.070 Rights prior to lease or sale

18.20.080 Term of lease

18.20.090 Appraisal

18.20.100 Minimum rental or sale price

18.20.110 Leasing procedure

18.20.120 Payment of annual rentals

18.20.130 Sale procedure

18.20.140 Public notice

18.20.150 Receipt of bid

18.20.160 Council's rejection

18.20.170 Appeal

18.20.180 Completion of bid requirements

18.20.190 Issue of lease, deed, or sales contract

18.20.195 Substandard parcels, negotiated sale

18.20.196 Negotiated sale after nonreceipt of bids

18.20.200 Location on premises

18.20.210 Lease utilization

18.20.220 Adjustment rental

18.20.230 Subleasing

18.20.235 Insurance

18.20.240 Assignments

18.20.250 Modifications

18.20.260 Cancellation, forfeiture

18.20.270 Notice or demand

18.20.280 Rights of mortgagee or lien holder

18.20.290 Entry and re-entry

18.20.300 Re-lease

18.20.310 Written waiver

18.20.320 Forfeiture of rental

18.20.330 Expiration of lease

18.20.340 Renewal of lease

18.20.350 Re-lease and purchase rights

18.20.360 Removal or reversion of improvements upon termination of lease

18.20.370 Rental for improvements of chattels not removed

18.20.380 Sanitation

18.20.390 Fire protection

18.20.400 Building and zoning codes

18.20.410 Inspection

18.20.420 Reservations and restrictions

18.20.430 Rights-of-way

18.20.440 Lease rental credit

18.20.450 Approval of other authorities

18.20.460 Exchanges or trades by city

18.20.470 Chapter application

18.20.010 Lands available. All lands lying and being within the city limits to which the city holds title or which it has selected, and which in the opinion of the council are not needed for or devoted to a public use, may be leased or sold as provided in this chapter, but only if the council determines that such sale would be in the best interest of the public. (Ord. 857 (part), 1989)

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18.20.020 Classification. Before accepting applications to lease or purchase city lands, the area involved shall have first been classified for permitted land uses and a land use plan of the area prepared by the planning and zoning commission and approved by the borough assembly. (Ord. 857 (part), 1989)
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18.20.030 Public use. (a) City lands may be donated, sold, leased, or exchanged for less than the minimum rental or sales price otherwise established by this title, or otherwise made available, to the United States, the state of Alaska, or a subdivision of the state if the council determines that the conveyance, lease, exchange, or permitted use would be in the best interests of the public.

    (b) Notwithstanding any other provisions of this title governing the minimum rental price for city land, such land, wherever located, may be leased for less than one-tenth of its approved appraised market value per year to a public utility or a nonprofit corporation or association if the council determines that the lease would be for a public purpose and in the best interest of the public.

    (c) City lands lying wholly within the area described in subsection (c) of section 18.20.040 may be leased to any otherwise qualified party for less than one-tenth of its approved appraised market value per year if the council determines that the lease would be in the best interest of the public and the rental amount is the highest reasonably obtainable under the circumstances.

    (d) The sale, lease, or exchange of city lands pursuant to subsections (a) or (b) of this section shall be exempt from all other requirements of this chapter. (Ord. 857 (part), 1989)

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18.20.040 Qualifications of applicants or bidders. An applicant or bidder for a lease or purchase is qualified if the applicant or bidder:

    (a) Is a natural person of at least 18 years of age, or is a group, association, or corporation which is authorized to conduct business under the laws of Alaska; or

    (b) Is acting as an agent for another, and has qualified by filing with the city clerk prior to the time set for the auction a proper power of attorney or a letter or authorization creating such agency. The agent shall represent only one principal to the exclusion of the agent.

    (c) Notwithstanding any other provisions of this title, no applicant or bidder seeking to lease or purchase city lands or facilities within the area bounded by the westerly boundary of Tideland Tract 1 and the extension of said boundary to the southerly right-of-way of Rezanof Drive West, the southerly boundary of the Rezanof Drive West right-of-way westerly to the easterly boundary of department of highways tract MC 11-1-001-1, and the easterly boundary of said tract between the Rezanof Drive West right-of-way and the shoreline shall be considered qualified unless, in addition to the other requirements of this section, the applicant or bidder is also, or as a result of the proposed lease or purchase will become, a direct and substantial user of the city harbor and port facilities located within the foregoing area or immediately contiguous tidelands, and the intended use of the lands or facilities to be leased or purchased is directly related to the applicant's or bidder's use or proposed use of those city harbor and port facilities. (Ord. 857 (part), 1989)

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18.20.050 Application procedure. (a) Where the council determines that one or more parcels of real property to which the city holds title are not needed for or devoted to a public use and that it would be in the best interest of the public to sell or lease the same without requiring the purchaser or lessee to develop or use the property in particular manner, the council may sell or lease the property at public auction without requiring prospective bidders to submit applications or development plans.

    (b) In all other instances, a party wishing to lease or purchase city lands shall file an application with the city clerk on forms provided by the city clerk and available at the clerk's office. Only forms completed in full and accompanied by any required fees established by resolution or motion of the city council will be accepted for filing. With every application the applicant shall submit a development plan showing and stating:

(1) the purpose of the proposed lease or purchase;

(2) the use, value, and nature of improvements to be constructed;

(3) the type of construction;

(4) the dates construction is estimated to commence and be completed; and

(5) whether the intended use complies with the zoning provisions and comprehensive plan of the borough.

    (c) Notice of the receipt of a properly filed application and development plan for city lands and an invitation to other prospective applicants for the sale or lease of all or any part of the lands in question shall be announced at a regular meeting of the city council and published in a local newspaper at least three times. Said notice shall describe the lands in question and the nature of their proposed use and shall specify a date not earlier than forty-five days following the first publication of the notice by which any other qualified party wishing to rent or lease all or any part of the lands in question may submit an application and development plan. All duly filed applications shall be considered together and the council shall determine what property, if any, will be offered for sale or lease, the date upon which it will be offered, whether the property will be offered at public auction or by sealed bid, and which of the applications and development plans describe acceptable uses of the property. Only applicants who have submitted development plans which are deemed acceptable by the council will be permitted to bid.

    (d) The council may permit applications and development plans to be modified or amended after first having been submitted in a timely manner so long as all applicants are given the same opportunity to do so and shall permit a reasonable opportunity for such modification or amendment with respect to any application which describes a parcel of property different from that which the council elects to offer for sale or lease. (Ord. 951 §16, 1993; Ord. 857 (part), 1989)

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18.20.060 Deposits for costs. All applications filed with the city clerk with respect to any particular parcel will be forwarded to the city engineer or other designated official to determine an estimate of costs required to handle the application, including but not limited to one or more of the following: survey, appraisal, and advertising of the area under application. Upon determination, the official will notify the applicant in writing of such costs and a deposit shall be made therefore within thirty calendar days after the date of notice. Failure of the applicant to pay the deposit shall result in the application being canceled. If the applicant does not accept a lease or sale offer within thirty calendar days after it is offered to the applicant, all deposit money spent or encumbered for survey, appraisal, or advertising shall be forfeited, and the balance, if any, shall be returned to the applicant. If the land applied for upon which deposit for costs is made is leased or sold to another, the latter shall be required to pay actual costs of the survey, appraisal, and advertising, and the original deposit shall be returned to the depositor. Where the applicant becomes the lessee or owner, the applicant shall be required to pay any excess of costs over deposits and where the deposit exceeds actual costs, the excess shall be credited to present or future rents under the lease, or to the purchase price. All survey, appraisal, and advertising shall be performed only under the authorization of the city and any such work done without such authorization shall not qualify. (Ord. 857 (part), 1989)

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18.20.070 Rights prior to lease or sale. No preference rights shall arise prior to the issuance of a lease, or sales contract. The filing of an application for a lease or purchase shall give the applicant no right to lease or purchase, or use of the land applied for and the council may, in its discretion, rescind or cancel any proposed sale or lease at any time prior to the opening of sealed bids or the beginning of a public auction. When the council elects to do so, however, all deposits and application fees shall be refunded. Any use not authorized by lease or purchase constitutes a trespass against the city. (Ord. 857 (part), 1989)

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18.20.080 Term of lease. Leases may be issued for a period of up to, and including, fifty-five years by council action, but any lease for a term over five years shall be issued only after compliance with the requirements of section V-17 of the Kodiak City Charter. The term of any given lease shall depend upon the desirability of the proposed use, the amount of investment in improvements proposed, and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. For the purpose of this section the term of any given lease shall be calculated by including any renewal periods which may be invoked at the sole option of the lessee. (Ord. 857 (part), 1989)

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18.20.090 Appraisal. No city lands shall be leased or sold, or a renewal lease issued unless the same has been appraised within six months prior to the date fixed for beginning of the term of the sale, lease, or renewal lease. Appraisals shall reflect the number and value of city services rendered to the land in question, its location, and other factors affecting its desirability. In the case of sales or leases to governmental entities or units or nonprofit corporations or associations, the most recent assessed valuation may be used in lieu of an appraisal. (Ord. 857 (part), 1989)

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18.20.100 Minimum rental or sale price. (a) Minimum annual rentals shall be one-tenth of the approved appraised market value, which shall be the lowest acceptable bid in the event of an auction. The minimum sale price shall be the approved appraised market value, which shall be the lowest acceptable bid in the event of an auction or sealed bid sale.

    (b) The council, in order to make sites available for new industries which will benefit the municipality may sell, lease, or dispose of any such sites, including real property, upon the terms and conditions as it considers advantageous to the civic welfare of the city, to persons who will agree to install, maintain, and operate a beneficial new industry, without regard to appraised market value.

    (c) Any contract which by its terms will not be fully executed within five years and which cannot be terminated by the city upon not more than one month's notice without penalty; and the sale or lease of any real property owned by the city or other disposal of any interest therein, the value of which real property, lease, or interest is more than thirty thousand dollars shall be made in accordance with the provisions of section V-17 of the city charter.

    (d) Neither the provisions of subsection (a) of this section 18.20.100 governing minimum annual rentals nor the provisions of sections 18.20.090 (appraisal), 18.20.340 (renewal of lease), or 18.20.350 (re-lease and purchase rights) shall apply to a lease or license of city property adjacent to the Municipal Airport which is for less than five years and which restricts the use of that property to activities directly related to the parking and operation of aircraft utilizing the Municipal Airport. Such leases or licenses may be either negotiated or offered at public auction, at the discretion of the council. (Ord. 875, 1990; Ord. 857 (part), 1989)

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18.20.110 Leasing procedure. Notwithstanding sections 18.20.050 and 18.20.060, leases for a term of five years or less with computed annual minimum rental of five thousand dollars or less may be negotiated, offered by sealed bid, or offered at public auction at the discretion of the council. Applicants seeking a lease to be negotiated under this section are required to make a deposit for appraisal and other costs. All leases having a term of more than five years or having a computed annual minimum rental of more than five thousand dollars shall be offered by sealed bid or at public auction. All sealed bid openings and public auctions of city lands shall be conducted by the city manager or an official designated by the city manager. At the completion of the bid opening or auction of each tract of land, the official conducting the auction shall indicate the apparent high bidder. In the event of a re-lease, the original lease holder may exercise the right to meet the bid of the apparent high bidder under the circumstances described in section 18.20.350 of this code. Failure to do so at this time shall void and cancel such right. The apparent high bidder, or the original lease holder bidding on a re-lease if the re-lease holder's right is exercised, shall thereon deposit with the official conducting the bid opening or auction any portion of the annual rental then due, together with the unpaid costs of survey, appraisal, and advertising. All payments must be made in cash, money order, certified check, or a cashier's check, or any combination thereof. (Ord. 1060 §11, 1998; Ord. 945, 1992; Ord. 857 (part), 1989)

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18.20.120 Payment of annual rentals. Annual rentals of five hundred dollars or less shall be paid annually in advance. Annual rentals of an amount between five hundred dollars and one thousand dollars shall be paid in two equal installments each of which shall fall due on the first day of the first and seventh months of each lease year. Annual rentals of one thousand dollars or more shall be paid in advance in monthly payments on the first of each calendar month. (Ord. 857 (part), 1989)
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18.20.130 Sale procedure
. The sale shall be made at public auction or by sealed bid to the highest qualified bidder, as shall be determined by the city manager. The sale shall be conducted by the city manager or an official designated by the city manager, and at the time of sale the successful bidder shall deposit in cash or by certified check, an amount equal to one-tenth of the purchase price. The balance of the purchase price shall be payable in accordance with such terms and conditions as the city may determine and may be secured in any manner found acceptable to the city. Nothing in this section shall be construed as precluding the city from disposing of real property pursuant to a land sales installment contract. (Ord. 857 (part), 1989)

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18.20.140 Public notice. Public notice of lease or sale of land is required to be given under the provisions of this chapter; such notice shall be published in a newspaper of general circulation in the city at least thirty days before the date of the sale, lease, or other disposition, and posted within that time in at least three public places in the city. The notice must contain a brief description of the land, its area and general location, proposed use, term, computed annual minimum rental, or minimum sales price, limitations if any, and time and place set for the auction or bid opening. (Ord. 857 (part), 1989)

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18.20.150 Receipt of bid. Upon deposit of required sum by the apparent high bidder, or prior leaseholder bidding for a re-lease, the city manager shall thereupon issue to the successful bidder a receipt for the required sum, containing a description of the land or interest leased or sold, the price bid and terms of the sale or lease, the receipt whereof shall be acknowledged by the bidder in writing. (Ord. 857 (part), 1989)

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18.20.160 Council's rejection. Prior to the signing of the formal lease or sales contract by the city, the council may reject any and all bids when it determines that the best interests of the city clearly justifies such action. In such an event, however, notwithstanding any other provisions of this chapter, all deposits and application fees submitted by any qualified bidder who has submitted an otherwise valid bid which equals or exceeds the minimum lease or sales price shall be refunded. (Ord. 857 (part), 1989)

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18.20.170 Appeal. An aggrieved bidder may appeal the city manager's determination of the apparent high bidder or the former leaseholder's right to exceed the high bidder to the council within five days (excluding Saturday and Sunday) following determination. Such appeals must be in writing, contain a short statement of the grounds for appeal. The city shall promptly review the asserted grounds for appeal and rule thereon. The council's decision shall be final, but without prejudice to any other right or rights the aggrieved bidder may have. (Ord. 857 (part), 1989)

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18.20.180 Completion of bid requirements. Following the appeal, or, if there is no appeal, following expiration of the deadline for filing an appeal, the city manager shall notify the successful bidder that the city is prepared to issue an appropriate lease, deed, or sales contract. Upon receipt of notice, the bidder is granted thirty calendar days in which to remit to the city manager any bid balance or any other sums that may be due, and in addition shall complete all necessary documents. Failure to do so may, at the option of the city, result in forfeiture of any and all rights previously acquired by the bidder in the proposed transaction, and in the forfeiture of any monies paid or deposited with the city. (Ord. 857 (part), 1989)

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18.20.190 Issuance of lease, deed, or sales contract. After expiration of the five day appeal period, or after the ruling on any determination appealed to the council, the city manager shall cause a lease, deed, or sales contract to be issued and executed containing such terms as the council by its determination shall establish. Notwithstanding the foregoing, however, whenever the city charter or any other provisions of this title requires the passage of an ordinance authorizing the lease, deed or sales contract, the city manager shall not execute the same prior to the effective date of that ordinance. (Ord. 857 (part), 1989)

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18.20.195 Substandard parcels, negotiated sale. (a) Notwithstanding any provisions of sections 18.20.130 through 18.20.180 of this chapter relating to advertising and competitive bids, the council may, by resolution, authorize the city manager to negotiate the sale of any substandard or irregular parcel of city land to the contiguous property owner or owners at appraised value.

    (b) The appraisal may be determined with reference to the substandard or irregular nature of the parcel. The appraised value may be reduced by the value of any utility easements or rights-of-way retained by the city which are not of direct benefit to the purchaser.

    (c) The city shall retain such easements and rights-of-way through, across, or upon the parcel to be conveyed as are reasonably required to operate, maintain, repair, and replace existing utility facilities or which may be reasonably anticipated as necessary to the future construction and operations of such facilities.

    (d) As used in this section, the term "substandard or irregular" means a parcel of land containing an area less than the minimum required for improvement of the parcel under existing or projected zoning or one which because of its shape could not reasonably be improved without violating setback or yard requirements of such zone or zones. (Ord. 857 (part), 1989)

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18.20.196 Negotiated sale after nonreceipt of bids. Notwithstanding any provisions of sections 18.20.130 through 18.20.180 of this chapter relating to advertising and competitive bids, the council may, by resolution, authorize the city manager to negotiate the sale of any parcel of city land having an appraised value of $30,000 or less so long as:

    (a) the sales price is not less than the appraised value,

    (b) the parcel was offered for sale at a public auction or pursuant to a solicitation for sealed bids and no valid bids were received, and

    (c) the negotiated sale is completed within sixty days following the auction or bid opening. (Ord. 857 (part), 1989)

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18.20.200 Location on premises. It shall be the responsibility of the lessee or purchaser to properly locate the boundaries of the leased or purchased land and to assure that all improvements are properly situated thereon. It is unlawful to encroach on lands of the city. (Ord. 857 (part), 1989)

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18.20.210 Lease utilization. Leased city lands shall be utilized for purposes within the scope of the application and the terms of the lease, in conformity with the Kodiak Island borough code, including the zoning provisions thereof, and in substantial conformity with its comprehensive plan. Utilization or development of leased property for other than the allowed uses constitutes a violation of the lease and subjects the lease to cancellation at any time. Failure to make substantial use of the land consistent with the proposed use, within one year at the discretion of the city manager, with the approval of the council, constitutes grounds for cancellation of the lease. (Ord. 857 (part), 1989)

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18.20.220 Adjustment rental. All leases shall contain the agreement of the lessee to an adjustment of the annual rental payment by the council every fifth year. Any changes or adjustments shall be based primarily upon the value of comparable land in the same or similar areas, exclusive of buildings, structures, appurtenances, equipment, landfill, except landfill wholly or partly placed by the city or other public authority, clearing, leveling, or roads owned by the lessee. (Ord. 857 (part), 1989)

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18.20.230 Subleasing. No lessee may sublease lands or any part thereof leased from the city without prior written permission signed by the city manager and approved by the council. Subleases shall be in writing and be subject to the terms and conditions of the original lease. (Ord. 857 (part), 1989)

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18.20.235 Insurance. Each lease or sales contract executed by the city shall contain a provision requiring the lessee or purchaser to obtain for the city's benefit and protection such insurance coverage as the city deems appropriate. (Ord. 857 (part), 1989)

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18.20.240 Assignments. The rights of a lessee or purchaser under a lease or under contract of sale may not be assigned unless the assignment is first approved by the council. The assignee shall be subject to all of the provisions of the lease or sales contract. (Ord. 857 (part), 1989)

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18.20.250 Modification. No lease or sales contract may be modified orally or in any manner other than by an agreement in writing signed by all parties in interest or their successors in interest. (Ord. 857 (part), 1989)

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18.20.260 Cancellation, forfeiture. (a) Leases or sales contracts in good standing may be canceled in whole or in part, at any time, upon mutual written agreement by purchaser or lessee and the city manager.

    (b) Any lease used for an unlawful purpose may be canceled.

    (c) If the lessee shall default in the performance or observance of any of the lease terms, covenants, or stipulations, or shall violate any of the regulations now or hereafter in force, or any applicable provisions of the city or borough code, and should the default continue for thirty calendar days after the service of written notice by the city without remedy by lessee of the conditions constituting default, the city shall subject lessee to appropriate legal action, including, but not limited to, forfeiture of the lease. (Ord. 857 (part), 1989)

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18.20.270 Notice or demand. Any notice or demand, which under the terms of a lease or sale contract, or under any statute, must be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, addressed to the other party at the address of record. However, either party may designate in writing such new or other address to which such notice or demand shall thereafter be so given, made, or mailed. A notice given hereunder shall be deemed delivered when deposited in a United States general or branch post office, enclosed in a registered or certified mail prepaid wrapper or envelope addressed as hereinabove provided. (Ord. 857 (part), 1989)

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18.20.280 Rights of mortgagee or lien holder. In the event of cancellation or forfeiture of a lease or sale contract for cause, the holder of a properly recorded mortgage, conditional assignment, or collateral assignment which has been approved by the city will have the option to acquire the lease or sales contract for the unexpired term thereof, subject to the same terms and conditions as in the original instrument. (Ord. 857 (part), 1989)

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8.20.290 Entry and re-entry. In the event that the lease or sales contract should be terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the event that the demised lands, or any parts thereof, should be abandoned by the lessee during the term, the city or its agent, servants, or representatives, may immediately or at any time thereafter, re-enter and resume possession of the land or any part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefore. (Ord. 857 (part), 1989)

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18.20.300 Re-lease. In the event that a lease or sale contract should be terminated as herein provided, or by summary proceedings or otherwise, the council may offer the lands for lease or other appropriate disposal pursuant to the provisions of this chapter. (Ord. 857 (part), 1989)

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18.20.310 Written waiver. The receipt of rent by the lessor with knowledge of any breach of the lease by the lessee or of any default on the part of the lessee lease shall not be construed as a waiver of any provisions of the lease, nor shall any failure on the part of the lessor to enforce any covenants or provisions of the lease, or a waiver of any such covenants or provisions in any one instance, discharge or invalidate such covenants or provisions or affect the right of the lessor to enforce the same in the event of any subsequent breach or default. Unless expressly agreed to the contrary in writing, the receipt, by the lessor, of any rent or any other sum of money after the giving of a notice of termination, shall not constitute or effect a withdrawal, cancellation or modification of that notice. (Ord. 857 (part), 1989)

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18.20.320 Forfeiture of rental. In the event that a lease should be terminated because of any breach of the lessee, as herein provided, all rental payments made by the lessee shall be forfeited and retained by the lessor as partial or total liquidated damages for the breach. (Ord. 857 (part), 1989)

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18.20.330 Expiration of lease. Unless the lease is renewed or sooner terminated as provided herein, the lessee shall peaceably and quietly leave, surrender, and yield up unto the lessor all of the leased land on the last day of the term of the lease. (Ord. 857 (part), 1989)

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18.20.340 Renewal of lease. If, at the expiration of any lease of any land hereunder, the lessee desires a renewal lease on the lands, properties, or interests covered thereby, the lessee shall, not sooner than sixty calendar days prior to the expiration, and not later than thirty calendar days prior to the expiration, make application for a renewal lease in writing on forms provided entitled "application for renewal of lease," certifying under oath as to the character and value of all improvements existing on the lands, properties or interest herein, the purpose for which the lessee desires a renewal lease, and such other information as the city manager may require. The applicant shall deposit with the city clerk any required fees established by resolution or motion of the city council. The council may, but is not required to, thereupon lease the lands in compliance with all sections of this chapter with re-lease rights being allowed the former lessee if all other pertinent factors are substantially equivalent. For the purposes of this section, the date that the application for renewal of lease is presented to the office of the city clerk, as evidenced by the date stamped thereon, whether delivered or forwarded by regular, certified, or registered mail, shall be binding. (Ord. 951 §17, 1993; Ord. 857 (part), 1989)

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18.20.350 Re-lease and purchase rights. In the event that upon termination of an existing lease the city elects to offer the property for sale or re-lease, the lessee under the existing lease shall be allowed rights to re-lease or purchase the property if the lessee has constructed thereon improvements equal in value at the time expiration of the lease to at least one-tenth of the then appraised value of the property. If the new lease does not require public auction, the existing lessee shall exercise the right within thirty days after the re-lease is offered by the city. Failure to do so shall result in forfeiture and cancellation of the re-lease right. In the event the property is offered for lease or sale at public auction, the existing lessee shall, at the close of the bidding, indicate the desire to exercise the right and meet the highest bid. If the existing lessee does so choose, the lessee shall meet all the requirements of this chapter. If the existing lessee does not choose to exercise the right at that time, or does not fulfill the requirements of this chapter, all rights under this section are then forfeited and canceled. No rights shall inure to a lessee whose lease has been canceled or terminated for cause or who is in default at the time of expiration of the lease. (Ord. 857 (part), 1989)

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18.20.360 Removal or reversion of improvements upon termination of lease. Improvements owned by the lessee shall, within sixty calendar days after the termination of the lease, be removed by the lessee; provided such removal will not cause injury or damage to the land; and provided further that the council may, but shall not be required to, extend the time for removing such improvements in cases where hardship is proven. The retiring lessee may, with the consent of the council, sell the improvements to the succeeding lessee. All periods of time granted lessees to remove improvements are subject to the lessees paying the city prorated lease rentals for the period.

If any improvements and/or chattels having an appraised value in excess of five thousand dollars as determined by the assessor, are not removed within the time allowed, such improvements and/or chattels shall, upon due notice to the lessee, be sold at public auction under the direction of the city manager. The proceeds of the sale shall inure to the lessee preceding if the lessee placed such improvements and/or chattels on the lands, after deducting for all rents due and owing and expenses incurred in making such sale. In case there are no other bidders at any such sales, the city manager is authorized to bid, with concurrence of the council, in the name of the city, on such improvements and/or chattels. The bid money shall be taken from the fund to which lands belong and this fund shall receive all monies or other value subsequently derived from the sale or leasing of such improvements and/or chattels. The city shall acquire all rights, both legal and equitable, that any other purchaser would acquire by reason of the purchase.

    If any improvements and/or chattels having an appraised value of five thousand dollars or less, as determined by the assessor, are not removed within the time allowed, then, at the option of the city, such improvements and/or chattels shall revert to, and absolute title shall vest in, the city. (Ord. 857 (part), 1989)

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18.20.370 Rental for improvements or chattels not removed. Any improvements and/or chattels belonging to the lessee or placed on the leased premises during the lessee's tenure with or without the lessee's permission, and remaining upon the premises after the termination date of the lease, shall entitle the lessor to charge a reasonable rent therefore. (Ord. 857 (part), 1989)

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18.20.380 Sanitation. The lessee shall comply with all federal, state and municipal regulations or ordinances which are promulgated for the promotion of sanitation or the protection of the environment. The premises of the lease shall be kept in a neat, clean, and sanitary condition and every effort shall be made to prevent the pollution of water. (Ord. 857 (part), 1989)

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18.20.390 Fire protection. The lessee will take all reasonable precautions to prevent, and take all necessary action to suppress destructive or uncontrolled grass or brush or other fires on leased lands and comply with all laws, regulations, and rules promulgated and enforced by the city for fire protection within the area wherein the leased premises are located. (Ord. 857 (part), 1989)

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18.20.400 Building and zoning codes. Leased lands shall be utilized in accordance with the building and zoning rules and regulations. Failure to do so constitutes a violation of the lease. (Ord. 857 (part), 1989)

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18.20.410 Inspection. The lessee shall allow authorized representatives of the city to enter the leased lands for inspection at any reasonable time, according to the provisions set forth in section 1.08.010. (Ord. 857 (part), 1989)

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18.20.420 Reservations and restrictions. Each and every contract for the sale, lease, or conveyance of, and each deed to city lands, properties, or interests therein made under the provisions of this chapter, shall contain such reservations as the council may deem necessary or appropriate to protect the public interest, including but not limited to the reservation of coal, oil, and mineral rights on the properties, including all rights and powers reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of such property rights so reserved. (Ord. 857 (part), 1989)

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18.20.430 Rights-of-way. The city expressly reserves the right to grant easements or rights-of-way across leased land if it is determined in the best interests of the city to do so. The lessee whose lands such easements or rights-of-way shall cross shall be entitled to damages for all improvements destroyed or damaged. Damages shall be limited to improvements only, and loss shall be determined by fair market value. Annual rentals may be adjusted to compensate lessee for loss of use. (Ord. 857 (part), 1989)

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18.20.440 Lease rental credit. When authorized in writing by the council prior to the commencement or any work, the lessee may be granted credit against current or future rent, provided the work accomplished on or off the leased area results in increased valuation to other city-owned lands. The authorization may stipulate type of work, standards of construction, and the maximum allowable credit for the specific project. (Ord. 857 (part), 1989)

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18.20.450 Approval of other authorities. The issuance by the city of deeds or leases under the provisions of this chapter does not relieve the grantee or lessee of responsibility of obtaining licenses or permits as may be required by duly authorized state or federal agencies. (Ord. 857 (part), 1989)

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18.20.460 Exchanges or trades by city. Notwithstanding anything contained herein, the city may exchange or trade interest in property if, in the discretion of the council, it is to the advantage to do so, and such transactions are exempt from the competitive bidding provisions of this chapter. (Ord. 857 (part), 1989)

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18.20.470 Chapter application. This chapter shall not apply to sales, leases, or other disposition of tidelands. (Ord. 857 (part), 1989)

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 18.24


CHAPTER 18.24
BORROW MATERIAL



18.24.010 Permit required

18.24.020 Permit issuance time period

18.24.030 Stripping requirements

18.24.040 Statement

18.24.050 Payment

18.24.060 Assignments

18.24.070 Violations infraction


 

18.24.010 Permit required. All property in which the city holds an interest is closed to the extraction of overburden, gravel, rock, and all similar borrow material without first obtaining a permit. A separate borrow permit is not required, however, when a contract to which the city is a party provides that rock or other borrow material to be used in connection with that contract may or must be obtained from certain specified city property. (Ord. 920 §1, 1991; Ord. 309 (part), 1967; CCK §9.3.1)

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18.24.020 Permit, issuance, time period. (a) A permit for the extraction of up to 20,000 cubic yards of overburden, gravel, rock, or similar borrow material may be obtained from the city manager for a period not to exceed six months in accordance with the provisions of this chapter. City council approval is required for permits in excess of six months, permits to remove more than 20,000 cubic yards of borrow material, or permit extensions or renewals.

    (b) Applications for a permit must include a development plan prepared by a licensed land surveyor or professional civil engineer. The plan shall include a drawing on a scale of one inch equals one hundred feet (1" = 100') which shows all property lines and the existing topography with five-foot contour intervals.

    (c) Borrow material permits may be issued and borrow material royalties or fees may be established by negotiation with the prospective permit holder without prior appraisal, competitive bidding, public advertisement, open market procedures, or minimum price requirements. (Ord. 920 §2, 1991; Ord. 533 §1, 1978; Ord. 309 (part), 1967; CCK §9.3.2)

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18.24.030 Stripping requirements. All permit holders shall remove material from city-held property to the grades and elevation established by the city engineer. (Ord. 920 §3, 1991; Ord. 309 (part), 1967; CCK §9.3.3)

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18.24.040 Statement. Each permit holder shall file statements for the quarterly periods commencing on the first day of January, April, July, and October of each year, setting forth the quantity of material removed during each such quarter. Statements of quantities removed shall be filed on or before the tenth day of the month following each reporting period or portion thereof. The statement shall be filed irrespective of whether borrow material has been removed. (Ord. 533 §2, 1978; Ord. 309 (part), 1967; CCK §9.3.4)

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18.24.050 Payment. Upon filing the statement as required in 18.24.040, every permit holder shall pay the city the agreed upon fee or royalty for every cubic yard removed from city property. (Ord. 920 §4, 1991; Ord. 723, 1984; Ord. 533 §3, 1978; Ord. 309 (part), 1967; CCK §9.3.5)

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18.24.060 Assignments. Permits issued under this chapter may not be assigned without the written approval of the city manager, or, in the case of a permit issued upon approval of the city council, a resolution of the city council approving the assignment. (Ord. 920 §5, 1991; Ord. 309 (part), 1967; CCK §9.3.6)

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18.24.070 Violations, infraction. Any person who removes or attempts to remove overburden, gravel, rock, or similar borrow material without first having obtained a permit is guilty of an infraction. Any permit holder who fails to file a statement in accordance with 18.24.040, or who falsifies the information contained in the statement required by 18.24.040 is guilty of an infraction. (Ord. 920 §6, 1991; Ord. 753 §8, 1985; Ord. 309 (part), 1967; CCK §9.3.7)

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 18.28

 

CHAPTER 18.28
PORT AND HARBOR FACILITIES


Repeal of former Chapter 18.28.COrdinance Number 653, effective December 30, 1982, repealed former Chapter 18.28 and enacted new Chapter 18.28 in lieu of the repealed provisions. Former Chapter 18.28 derived from CCK 6.5.1 to 6.5.32; Ord. 342, 1970; Ord. 397, 1973; Ord. 403A, 1973; Ord. 441, 1975; Ord. 444, 1975; Ord. 482, 1977; Ord. 492, 1977. For statutory provisions regarding extraterritorial jurisdiction relating to harbor facilities and release or threatened release of oil or a hazardous substance, see AS 29.35.020.


18.28.010 Definitions

18.28.020 Mooring without registration and other prohibited acts

18.28.030 Exclusive moorage

18.28.040 Open mooring

18.28.050 Ferry dock moorage

18.28.060 Multiple boat moorage

18.28.065 Auxiliary vessels

18.28.070 Loading docks and floats

18.28.080 Gridirons

18.28.090 Repealed

18.28.100 Mooring buoys

18.28.110 Dry storage area, short term

18.28.120 Gravel ramps

18.28.130 Charges for facilities and services

18.28.140 Denial of facilities, equipment, or services

18.28.150 Harbormaster

18.28.160 Authority to board vessels

18.28.170 Safekeeping of vessels

18.28.180 Disclaimer of liability

18.28.190 Operation of vessels

18.28.200 Blinding lights

18.28.210 Vessel restrictions

18.28.220 Securing of auxiliary vessels

18.28.230 Occupancy of vessels

18.28.240 Disposal of waste, litter, and garbage

18.28.250 Storage on floats or docks

18.28.260 Tampering with the facilities

18.28.270 Float bumpers

18.28.280 Use of loading ramp and docks

18.28.290 Accident reports

18.28.300 Fire hazards prohibited

18.28.310 Responsibility for animals

18.28.320 Responsibility for children

18.28.330 Wheeled vehicles prohibited

18.28.340 Regulation of signs

18.28.350 Fishing prohibited

18.28.355 Regulation of diving and water contact sports

18.28.360 Commercial repair of vessels

18.28.370 Unlawful acts remedies

18.28.380 State of Alaska lease policy

18.28.390 Impoundment, sale or disposal of vessels

18.28.400 Disposition of scheduled offenses

18.28.410 Failure to obey citation

18.28.420 Port and harbor offenses fine schedule


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

    (a) "Auxiliary vessel" means a seine or snag skiff used in a commercial fishing operation or any skiff or raft used as a life boat or used for ship to shore transportation.

    (b) "Beam" means the greatest overall width of the vessel including booms, spars, gins, or any fixed protuberances.

    (c) "Derelict" means any vessel moored or otherwise located within the boundaries of the small boat harbors which reasonably appears to have been forsaken, abandoned, deserted, or cast away or which, in the opinion of the harbormaster or any recognized marine surveyor is unsound, unseaworthy, and unfit for its trade or occupation and which reflects substantial evidence of neglect.

    (d) "Exclusive moorage" refers to a signed agreement between the city and the owner/operator of a vessel for a certain, specific moorage space within St. Paul Harbor or St. Herman Harbor during which time services provided by the city of Kodiak through the harbormaster may be needed by the owner/operator of the vessel.

    (e) "Harbor and/or port facilities" means all piers, docks, floats, berths, parking areas, and other launching, loading, mooring, and repair facilities owned or operated by the city.

    (f) "Harbormaster" means the official hired by the city manager to serve as harbormaster and any deputy harbormaster, port security officer, or other city employee authorized or designated by the harbormaster or city manager to enforce the provisions of this chapter.

    (g) "Kodiak harbor" means all saltwater or tidewater lying within the boundaries of the city.

    (h) "Length" means the overall length as measured from the most forward portion, including booms, spars, gins, or any fixed protuberances, to the most aft portion of the vessel, including booms, spars, gins, or any fixed protuberances.

    (i) "Local boat" means a vessel operating out of the port of Kodiak whose owners or operators are residents of the Kodiak area.

    (j) "Operator" means the registered master or skipper of a vessel or any other person who is in actual physical control of a vessel.

    (k) "Primary vessel" means a documented or registered vessel with the U.S. Coast Guard and the Port of Kodiak.

    (l) "Recreation vessel" means a craft used primarily for personal recreation and pleasure.

    (m) "Small boat harbors" means the area of water in the Kodiak harbor within the boundaries created by breakwaters and by the shoreline of mean higher high water, together with all harbor facilities located in that area to include St. Paul Harbor, St. Herman Harbor, and Trident Basin.

    (n) "Term moorage" refers to a signed agreement between the city and the owner/operator of a vessel for an unspecified time during which services provided by the city of Kodiak through the harbormaster may be needed by the owner/operator of a vessel.

    (o) "Transient" means any boat not registered by an exclusive moorage agreement or term moorage with the harbormaster.

    (p) "Vessel" means a boat, motorboat, ship, waterborne aircraft, houseboat, float, scow, raft, pile driver or other floating structure or object used for recreational, commercial, or other purpose upon the waterway or moored at any place on the waterway.

    (q) "Vessel mooring agreement" refers to either a term moorage, exclusive moorage, or daily moorage agreement.

    (r) "Waterway" means any water, lake, river, tributary, or lagoon within the boundaries of the city. (Ord. 879 §1, 1990; Ord. 653 (part), 1982)

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18.28.020 Mooring without registration and other prohibited acts. (a) No person may moor, berth, tie, attach, or connect a vessel to any harbor facility without registering with the harbormaster and paying or executing an agreement to pay applicable moorage charges. Vessels operating in the city's waterways or moored to floats or dock facilities, either private or public, within the city limits shall register said vessels with the harbormaster for the safety and public welfare of the port of Kodiak.

    (b) A person registering a vessel with the harbormaster shall present the U.S. Coast Guard documentation or registration papers for the vessel and provide the name, number, type, dimension, description, and uses of the vessel, the name and address of the registered owner, operator, and agent for the vessel, the type of registry requested, and such other information as may be requested by the harbormaster. In the event of a change of ownership in, or a change in the operator of, a vessel previously registered with the harbormaster, the previous owner or operator shall so notify the harbormaster within thirty (30) days after the change. A new vessel mooring agreement shall be signed by the new owner or operator within twenty-four (24) hours after the vessel's first use of any port or harbor facilities following the change.

    (c) It is unlawful to moor where signs prohibit moorage at floats, docks, ramps, or loading zones. It is unlawful to moor in areas restricted as exclusive moorage without first obtaining permission from the harbormaster.

    (d) Vessels that are registered and moored, but are more than 60 days delinquent in the payment of moorage fees, or that are otherwise in violation of any section of this Code, may be subject to impoundment.

    (e) A vessel that is moored but not registered with the harbormaster may be moved at any time by the harbormaster, with or without notice to the vessel owner or operator, and the owner or operator shall be charged the applicable fee for the harbormaster services.

    (f) It shall be unlawful for any person to make any false statement or knowingly to provide any inaccurate information in a vessel mooring agreement or application for the use of harbor and/or port facilities.

    (g) It shall be unlawful for any person who authorizes or permits himself or herself to be listed in a vessel mooring agreement as an owner or operator of a vessel to fail to respond or to deny association with the vessel when called upon by the harbormaster to move, pump, or otherwise attend the vessel.

    (h) The harbormaster may require any vessel moored to or otherwise utilizing harbor and/or port facilities, whether or not the subject of a vessel mooring agreement, to be moved as necessary to effect repairs or additions to or the replacement of floats, docks, buoys and similar facilities. (Ord. 926 §1, 1991; Ord. 889 §1, 1990; Ord. 885 §1 & 2, 1990; Ord. 653 (part), 1982)

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18.28.030 Exclusive moorage. (a) Float space designated for exclusive moorage shall be assigned by the harbormaster for the exclusive use of one vessel per stall or space.

    (b) Exclusive moorage rights may not be assigned or subleased. When the party holding exclusive moorage rights is a corporation or partnership, the sale or other conveyance of a controlling interest in that corporation or partnership shall automatically result in a termination of the exclusive moorage rights.

    (c) The owner or operator of a vessel utilizing exclusive moorage space shall notify the harbormaster each time the space will be unoccupied. During such periods when the assigned vessel will not be utilizing exclusive moorage space, the harbormaster may assign such space for transient moorage. Upon not less than two hours' notice by the vessel entitled to exclusive moorage, the harbormaster shall cause the removal of any transient vessel utilizing the exclusive moorage space. Upon termination of exclusive moorage, written notice of the effective date shall be given on a form provided by the city to the harbormaster. Sale of a vessel assigned exclusive moorage terminates the exclusive moorage agreement unless the stall or space renter replaces the sold vessel with another sold vessel or demonstrates to the satisfaction of the harbormaster that it is the intent to replace the sold vessel within a reasonable period of time, such period not to exceed six (6) months. If a vessel owner with exclusive moorage loses the vessel by fire, sinking or natural disaster, the owner may retain such exclusive moorage for a period of one (1) year, without charge, beginning on the next anniversary date of the vessel mooring agreement. Such stalls shall be assigned for use at the discretion of the harbormaster during the period of hardship.

    (d) The owner or operator of a vessel occupying a moorage space assigned by the harbormaster for the exclusive use of another vessel shall provide the harbormaster with a Kodiak address and telephone number where notices relating to the vessel can be received. Immediately upon receipt of notice of termination of the transient occupancy, delivered orally or in writing to the person designated to receive notices with respect to the vessel, the owner or operator of the vessel shall cause the removal of the vessel from the assigned moorage space. If the vessel owner or operator fails to move the vessel immediately after receipt of notice, or if the harbormaster is unable to deliver notice within a reasonable time, the harbormaster may move the vessel from the moorage space, and the owner shall be charged the fee established for that service.

    (e) In the event of the death of a vessel owner who is entitled to exclusive moorage rights, those rights may be retained by the heir or beneficiary to whom the vessel passes under the decedent's will or the laws of intestate succession so long as any delinquent moorage fees or billings for harbor services rendered to the vessel in question are paid in full within ninety days of the decedent's death. (Ord. 879 '2, 1990; Ord. 653 (part), 1982)

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18.28.040 Open mooring. (a) Float areas not otherwise occupied or posted for assigned or restricted use shall be available for open mooring. Open mooring area shall be available to all members of the public for transient or temporary mooring of vessels. No vessel or vessel owner will have any exclusive rights to open mooring space and, upon departure, shall have no right to return to such space if it is occupied by another vessel during the period of absence.

    (b) A vessel mooring alongside another vessel shall moor adjacent to a vessel of similar size.

    (c) The owner or operator of a vessel or other crew member having the necessary capability and qualifications shall move the vessel upon request by the harbormaster to provide access to open mooring, to permit movement of any vessel moored in tandem to permit better utilization of open mooring space or for any similar purpose. The harbormaster may move a vessel for an enumerated or similar reason, with or without notice to the owner or operator. (Ord. 653 (part), 1982)

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18.28.050 Ferry dock moorage. (a) Vessels may be moored at the ferry dock during times when the amber light is not flashing, if they are tended at all times by a crew member and the vessel is capable of being moved immediately on notice. Moorage of any vessel is prohibited when the amber light is flashing.

    (b) Commercial carriers shall pay applicable tariff rates, as established by the city council, for the use of the ferry terminal for loading or unloading freight. (Ord. 653 (part), 1982)

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18.28.060 Multiple boat moorage. (a) Not more than one vessel may be moored in a stall at any one time except with the prior consent of the harbormaster. The harbormaster may permit multiple occupancy of a single stall or float area if the harbormaster determines that multiple occupancy would be safe and would facilitate maximum use of harbor facilities.

    (b) If a person utilizing moorage facilities owns or operates more than one boat which may from time to time be moored to the float, the moorage charge shall be based on the applicable rate as set by the Kodiak city council.

    (c) A person who owns or operates more than one vessel is permitted to lease only one exclusive stall unless there is no waiting list for the size of exclusive stall required by the second vessel. The second or other vessel(s) owned or operated by such a person shall be accommodated on a transient basis. (Ord. 879 §3, 1990; Ord. 653 (part), 1982)

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18.28.065 Auxiliary vessels. 18.28.065 Auxiliary vessels. Only one auxiliary vessel is permitted to each primary vessel at no charge from March 1st to November 15th when in the company of the primary vessel, except that auxiliary vessels may be left in the primary vessel’s exclusive slip unaccompanied for 24 hours at no charge. An auxiliary vessel may not exceed one half the overall length of the primary vessel and not exceed a maximum length of 25 feet. Auxiliary vessels may not have an enclosed cabin and must be consistent with and designed to support the type of fishery or operation engaged in by the primary vessel. (Ord. 1205, 2006; Ord. 1188, 2005; Ord. 1168a §1, 2004; Ord. 879 §4, 1990)

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18.28.070 Loading docks and floats. (a) The loading docks in the St. Paul boat harbor are open to the public and vessels may be moored at the docks while loading and unloading. However, vessels may moor at the loading docks only for such period of time as is reasonably necessary to complete the loading or unloading operations.

    (b) The harbormaster may designate an area of the loading docks to be utilized by vessels undergoing repairs or maintenance for a period of time reasonably necessary to complete the repair or maintenance. Vessels must register with the harbormaster prior to using said designated area.

    (c) Vessels moored at loading docks for a period of time exceeding any initial free period the council may establish shall pay an additional daily fee as set by the Kodiak city council. (Ord 1064 '2, 1998; Ord. 879 §5, 1990; Ord. 653 (part), 1982)

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18.28.080 Gridirons. The gridirons in St. Paul harbor will be available at all times to boat owners for the purpose of repairing and painting boat bottoms and other customary gridiron use on a first-come-first-served basis in accordance with a list maintained by the harbormaster. No person may affix a vessel to the gridirons or their appurtenances without first obtaining permission from the harbormaster. (Ord. 653 (part), 1983)

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18.28.090 Seaplane ramp. Repealed by Ordinance Number 1060 §12, effective March 28, 1998; however, similar provisions were simultaneously established in KCC 18.36.190. Repealed §18.28.090 derived from Ord. 653 (part), 1982.

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18.28.100 Mooring buoys. Mooring buoys are maintained by the city at locations in the harbor outside of the breakwater. The mooring buoys may be utilized by vessels that are too large to be safely maneuvered within the small boat harbor areas and by other vessels when float moorage is not available. (Ord. 653 (part), 1982)

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18.28.110 Dry storage area, short term. (a) The storage of crab pots, boat parts, engine parts, and other miscellaneous items is permitted on portions of the St. Paul harbor breakwater spit and Pier II as designated by the harbormaster. Persons desiring to utilize this unsecured storage area shall first register with the harbor-master and provide the requested information regarding the description and quantity of items to be stored, as well as the anticipated period for storage.

    (b) Each item placed in the dry storage area shall be marked with a tag containing the name and number of the vessel to which the gear belongs, the name and address of the registered owner, and the name of the operator of the vessel. All crab pots placed in storage for a single registered owner shall be laced together with a durable line so each group of crab pots stored will be readily identified. A single tag may be utilized for each group of crab pots if the tag specifies the number of crab pots included in the group. The harbormaster may establish barriers to segregate stored items.

    (c) A charge shall be made for storage of items for a period longer than any initial free period the council may establish. No item may be stored in the dry storage area for a period in excess of 60 consecutive days. Items stored for a period in excess of 60 days shall be impounded by the harbormaster. Property so impounded may be sold at the expiration of three months from the date of impoundment unless the registered owner or the owner's agent pays accrued storage and impoundment fees and removes the property from the harbor facilities. Notice of sale of an impounded item shall be sent to the registered owner of the vessel not less than thirty days prior to the date scheduled for the sale. The notice shall identify the vessel to which the property belongs and shall state the date of impoundment, the date, time, and place of the proposed sale and the accrued storage and impoundment fees to the date of the notice. (Ord. 1064 §3, 1998; Ord. 879 §6, 1990; Ord. 653 (part), 1982)

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18.28.120 Gravel ramps. Gravel ramps adjacent to concrete ramp facilities will be available for loading or unloading and other customary uses. Commercial carriers involved in the loading or off-loading of materials must register in advance with the harbormaster's office prior to utilizing the gravel ramps located in Near Island Channel or the ramps adjacent to the concrete launch ramp facilities. (Ord. 879 §7, 1990; Ord. 653 (part), 1982)

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18.28.130 Charges for facilities and services. (a) Charges required by the city of Kodiak to be paid in advance shall be paid at the harbormaster's office prior to utilization of any facility or equipment, or receipt of any service.

    (b) Annual charges for moorage shall be due and payable as follows: annual exclusive moorage charges may be paid in two equal installments. The first installment shall be due on or before August 1st of each year and, if not paid on or before August 1st, shall accrue interest at twelve percent (12%) per year from that date until paid. The second installment shall be due and payable on or before January 1st of each year and, if not paid on or before January 1st, shall accrue interest at twelve percent (12%) per year from that date until paid. If the first installment is not paid on or before October 1st or the second installment is not paid on or before April 1st, the exclusive moorage agreement shall be terminated, and the harbormaster may assign the exclusive moorage to another vessel. The minimum term for exclusive moorage slip rental shall be twelve months. (Ord. 1168a §2, 2004; Ord. 1041 §11, 1997)

    (c) Upon registration for exclusive moorage, the owner or operator of a vessel shall annually deposit a sum equal to twenty-five per-cent (25%) of the annual exclusive moorage fee as security for payment of fees that will accrue if the vessel owner or operator fails to register for the next season and does not advise the harbormaster of termination of the exclusive moorage agreement and availability of the space for reassignment. The security deposit shall be refunded upon notice of termination, received on or before July 1st, if there are no accrued or delinquent charges for services rendered to the vessel by the city.

    (d) The fees and charges for other facilities, equipment and services provided or made available within the Kodiak boat harbor that are not required to be paid in advance shall be paid within thirty (30) days after billing. Billings that are not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year from the due date.

    (e) The owner of a vessel is liable for fees and charges for moorage, equipment, and services provided by the city pursuant to this chapter, notwithstanding the fact that the moorage equipment or services were provided at the request of an operator or other agent. In addition to any suits for collection against the vessel owner or other available remedies, the city may assert a lien under admiralty law for fees or charges for moorage, equipment or services provided or rendered to the vessel that are not paid when due and may initiate appropriate proceedings for the seizure of the vessel and foreclosure of the lien.

    (f) The fees and charges for the use of facilities or services associated with the Kodiak boat harbors, piers, and docks shall be established by resolution of the city council. (Ord. 938 §1, 1992; Ord. 885 §3, 1990; Ord. 879 §8, 1990; Ord. 653 (part), 1982)

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18.28.140 Denial of facilities, equipment, or services. (a) When moorage facilities are crowded, the harbormaster may refuse mooring facilities to houseboats, floats, scows, rafts, pile drivers, and other cumbersome floating structures.

    (b) The harbormaster may refuse moorage to any vessel which is or may become or create a fire hazard or otherwise become a menace to the safety or welfare of other boats or their occupants.

    (c) As a condition to permitting a vessel access to mooring facilities, the harbormaster may require satisfactory evidence of seaworthiness of the vessel or evidence of adequate insurance coverage.

    (d) The harbormaster may refuse moorage facilities or other services or equipment to any person or vessel in violation of the provisions of this chapter or delinquent in the payment of any authorized fee or charge.

    (e) An owner or operator of a vessel may not fail or refuse to remove the vessel from the small boat harbors and any harbor facilities in the Kodiak harbor and may not cause or permit the vessel to be moored, tied, affixed, or located adjacent to any harbor facilities in the Kodiak harbor after the harbormaster has notified the owner or operator of the vessel that moorage or mooring facilities are refused, terminated or withdrawn.

(1) Notice of refusal, withdrawal, or termination of facilities or other services or equipment to a vessel that is not registered may be given verbally by the harbormaster and shall be effective immediately.

(2) Notice of refusal, withdrawal, or termination of moorage facilities to a registered vessel may be given by the harbormaster verbally or in writing. Verbal notice relating to services and equipment shall be effective immediately. Verbal or written notice personally delivered to the owner or operator relating to the refusal, withdrawal, or termination of mooring facilities shall be effective twenty-four (24) hours after the time of delivery unless a later effective date is specified in writing.

(3) Written notice of refusal, withdrawal, or termination of mooring facilities for a registered vessel may be mailed to the address designated on the registration information or may be posted in a conspicuous place on the vessel. A written notice that is posted or mailed shall be effective at four-thirty p.m. on the fifth day following posting or mailing of such notice. (Ord. 653 (part), 1982)

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18.28.150 Harbormaster. (a) The harbormaster, under the direction of the city manager, shall supervise and manage all harbor facilities operated by the city. The harbormaster shall be hired, paid, removed, and succeeded in office as other department heads of the city.

    (b) The harbormaster shall enforce the provisions of this chapter and shall be vested with all powers of a peace officer of the city necessary to such enforcement duties.

    (c) The harbormaster shall classify areas within the harbor for various uses, shall mark mooring spaces to be assigned, and shall post such signs, numbers, markings or other informational devices as will notify and inform interested parties of authorized and prohibited uses of the Kodiak harbor facilities. The harbormaster may post informational signs specifying areas where designated conduct is prohibited, but posting of signs shall not be necessary to the enforcement of any provision of this chapter, unless otherwise required in this chapter.

    (d) The harbormaster shall allocate and assign all mooring spaces. (Ord. 653 (part), 1982)

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18.28.160 Authority to board vessels. The utilization of any city owned or city operated mooring facility or waterway within the city limits shall be deemed as a grant of authority to the harbormaster and other appropriate municipal officials to board the vessel for the purpose of enforcing municipal ordinances and to move the vessel if it is moored in violation of a provision of this chapter or if required by an emergency or other conditions as set forth in this chapter. (Ord. 653 (part), 1982)

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18.28.170 Safekeeping of vessels. (a) The owner or operator of a vessel shall use all reasonable efforts and caution to keep the vessel securely moored with lines in a reasonably fit condition, sufficiently pumped at all times to keep the boat afloat, and to otherwise attend the needs of the vessel to avoid any necessity for services or equipment from the harbormaster.

    (b) If the harbormaster determines that a vessel must be resecured, pumped, moved, or otherwise attended to protect the vessel or other adjacent vessels or property from existing hazards, the harbormaster shall give or attempt to give written or verbal notice to the vessel owner or operator, at the registered address, of the need for services to the vessel.

    (c) If a vessel owner or operator fails, within a reasonable period of time after receipt of notice, to provide services needed for the protection of the vessel or other vessels or property, or if the harbormaster is unable within a reasonable period of time to notify the owner or operator, the harbormaster may replace defective mooring lines, attach additional mooring lines, pump vessels that are listing or sinking, move any vessel for the purpose of protecting that vessel from fire or other hazard or for the protection of other vessels or property, or render such other services as the harbormaster determines may be needed.

    (d) A fee, based upon a schedule of rates and charges adopted by the council, shall be charged to the vessel owner or operator for each service the harbormaster performs or causes to be performed for the protection of a vessel or adjacent property. (Ord. 653 (part), 1982)

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18.28.180 Disclaimer of liability. The authority granted to the harbormaster shall not create an obligation or duty requiring the harbormaster to take any action to protect or preserve any vessel or property located within the Kodiak harbor or utilizing harbor facilities. The city assumes no liability for loss or damage to vessels, equipment, appurtenances, tackle, provisions, mooring lines, gear, supplies, or any other article attached or relating to a vessel, whether maintained or affixed to a vessel or separately stored at boat harbor facilities. (Ord. 653 (part), 1982)

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18.28.190 Operation of vessels. (a) No person may operate a vessel in a waterway in a reckless manner by creating a substantial and unjustifiable risk of harm to a person or property. A "substantial and unjustifiable risk" is a risk of such a nature and degree that the conscious disregard of it or a failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.

    (b) No person may operate a vessel in a waterway in a negligent manner so as to create an unjustifiable risk of harm which endangers a person or property. An unjustifiable risk is a risk of such a nature and degree that a failure to avoid it constitutes a deviation from the standard of conduct that a reasonable person would observe in the situation. The offense of negligent operation of a vessel is included in the offense of reckless operation of a vessel and a person charged with reckless operation may be convicted of negligent operation of a vessel.

    (c) No person may operate a vessel in any waterway while under the influence of an intoxicating liquor, narcotic drug, or hallucinogenic drug.

    (d) An operator of a vessel may not, within the waterway, use any siren, whistle, horn, or other noise producing or noise amplifying device on the vessel in such a manner that the peace and privacy of other persons in the Kodiak harbor or adjacent areas is disturbed. This section shall not be construed to prohibit the use of whistles, bells, or horns as emergency signals or when required by federal statutes or regulations relating to the navigation of vessels.

    (e) No person may operate a vessel at a speed in excess of that posted by the harbormaster, nor may a person operate a vessel within any waterway at a speed which produces a wake, wash, or wave action which may or could reasonably be expected to damage any other boat or harbor facility or create discomfort to an occupant by causing such other boat to yaw, pitch, shear, or heave because of such wake, wash, or wave. There is a five (5) mile per hour speed limit zone in the channel and a three (3) mile per hour speed limit zone in the small boat harbors.

    (f) No person may anchor a vessel in any open area within the confines of the small boat harbors without first obtaining permission from the harbormaster.

    (g) Vessels are prohibited from anchoring within the inner anchorage area (a line starting from the end of the Kodiak boat harbor west light to a point at position 57E46'56" N, 152E25'09" W, thence to the North Pacific Fuel pier at position 57E46'05" N, 152E25'18" W) due to possible fouling and damage to waste water discharges from the canneries in that vicinity (St. Paul harbor anchor zone).

    (h) A vessel underway, upon being hailed by the harbormaster vessel or patrol boat, is required to stop immediately and lay to, or maneuver in such a way as to permit the harbormaster to board or deliver a verbal message. (Ord. 653 (part), 1982)

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18.28.200 Blinding lights. (a) No person may operate a vessel searchlight or other bright light in a manner that will temporarily blind or interfere with the vision of the operator of any other vessel in the harbor.

    (b) No person may operate a searchlight or other blinding light on a vessel not underway in the Kodiak harbor, except in an emergency.

    (c) No person may operate a searchlight or other high intensity light on a vessel in such a manner that the safety and privacy of other persons in the immediate harbor area is disturbed. (Ord. 653 (part), 1982)

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18.28.210 Vessel restrictions. (a) No person may operate a vessel in the small boat harbors which has an overall length, beam, or draft in excess of that which may be safely operated within the harbor under tidal and other conditions present. A person who operates within the small boat harbors a vessel which exceeds or may exceed the limits for safe operations shall do so at the operator's own risk.

    (b) No person may operate a vessel within the waterway which does not meet all applicable requirements of the United States Coast Guard.

    (c) No person may operate a vessel with an outboard or inboard motor that is not equipped with an adequate exhaust muffler. (Ord. 652 (part), 1982)

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18.28.220 Securing of auxiliary vessels. No person may tie or attach a skiff, scow, raft, or any other auxiliary craft alongside, astern, or ahead of a vessel moored within the small boat harbors if such auxiliary craft will obstruct or interfere with the normal movement of any vessel or be likely to cause rubbing or chafing damage to any other vessel. (Ord. 653 (part), 1982)

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18.28.230 Occupancy of vessels. (a) No person may use or occupy a vessel moored at boat harbor facilities as a place of residence, nor may a person rent or lease such a vessel as a place of residence, utilize it as a rooming house, or permit it to be occupied for any period of more than five days by any person other than the normal crew of the vessel.

    (b) A vessel which is not in regular use for the purposes for which it is normally operated and which has remained moored to boat harbor facilities continuously for a period of ninety days or more may not be occupied, except that one person may occupy the vessel if serving in the capacity of a caretaker. (Ord. 653 (part), 1982)

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18.28.240 Disposal of waste, litter, and garbage. (a) No person may dump or deposit any waste, litter, garbage, refuse, debris, or petroleum product into the waterways or onto any dock, float, or other harbor facility not designated and designed for the disposal of trash.

    (b) A person in charge of or occupying a vessel shall at all times keep the floats and premises adjacent to such vessel in a neat and orderly condition, free from trash, refuse, garbage, and debris of any kind.

    (c) All garbage, trash, refuse, and waste to be disposed of within the small boat harbors shall be deposited in garbage containers located near the loading dock, except as otherwise provided in this chapter.

    (d) Waste oil shall be deposited in containers designated for the disposal of waste oil and shall not be deposited in any other garbage or trash container.

    (e) No person may pump any bilge containing oil or gasoline residue within the Kodiak harbor. (Ord. 653 (part), 1982)

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18.28.250 Storage on floats or docks
. (a) All floats, docks, ramps, and approaches shall be maintained free and clear of any objects or items that are not appurtenances or fixtures to the floats, docks, ramps, and approaches.

    (b) No person may store or place upon any float, dock, ramp, or approach any repair parts, machinery, equipment, or gear, except in conjunction with the loading or unloading of a vessel or at work areas designated by the harbormaster.

    (c) Property of any sort found upon a float, dock, ramp, or approach may be impounded by the harbormaster if such property is not immediately removed. Impounded items will be released upon proof of ownership and payment of any impounding or storage fees established by this chapter.

    (d) The harbormaster shall give written notice of the impoundment to the owner of the property if the owner is known, and shall maintain a list in the harbormaster's office of all property impounded and the date of impoundment. Property that is not claimed within sixty days shall be forfeited to the city and may be sold pursuant to procedures regulating the disposition of other city property. (Ord. 653 (part), 1982

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18.28.260 Tampering with the facilities. (a) No person may tap, connect, disconnect, or interfere with any water outlet, water pipe, water connection, telephone equipment, electrical outlet, or electrical device maintained or operated by the city in the Kodiak harbors without first obtaining the permission of the harbormaster.

    (b) No person may remove, alter, damage, or interfere with any wharf, float, gangplank, ramp, or any other boat harbor facility operated by the city. (Ord. 653 (part), 1982)

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18.28.270 Float bumpers. No person may utilize in the small boat harbors float bumpers that are attached, permanently or temporarily, to the float facilities made from used tires, old fire hose, or similar materials. The owner or operator of a vessel assigned reserved moorage space may install standardized premolded rubber or vinyl bumpers of commercial manufacture as approved by the harbormaster. (Ord. 653 (part), 1982)

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18.28.280 Use of loading ramp and docks. (a) No person may utilize skids for the purpose of hauling out any boat. Boats may be hauled out only on the boat harbor loading ramp and only by using a trailer or other wheeled conveyance.

    (b) Vessels under 120 feet in length may load and unload commercial cargo at inner harbor docks, as long as the cargo does not exceed 100 tons per port call. Dockage and wharfage fees will apply to each call and will be established by resolution.
    (c) Vessels using the City's loading (gravel) ramps will be charged a ramp user fee, plus wharfage as established by resolution.

     (Ord. 1193, 2005; Ord. 653 (part), 1982)

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18.28.290 Accident reports. The operator of any vessel involved in an accident within the Kodiak harbors resulting in the death or injury of any person or damage to property in excess of one hundred dollars shall immediately give oral notice of the accident to the harbormaster or, if the harbormaster is unavailable to receive the notice, to the Kodiak police department. In addition, the operator shall, within twenty-four hours after the accident, file a written report with the harbormaster containing the name of the vessel, the name of the vessel master, a full description of the accident, a description of the resulting injuries or damage, a description of possible causes or contributing factors, and such other information as the harbormaster may require. (Ord. 653 (part), 1982)

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18.28.300 Fire hazards prohibited. (a) No person may leave a fire or flame unattended aboard a vessel within the Kodiak harbor. A fire or flame is unattended unless the owner, operator, or other person over the age of eighteen years who has demonstrated capability for moving the vessel is aboard or within one hundred yards of the vessel.

    (b) No person may store, deposit, or leave on any float, dock, or other harbor facility any gasoline, lubricating oil, or other combustible liquid of any nature or description, except for temporary purposes in conjunction with the loading or unloading of a vessel.

    (c) A person using a torch or other flame-producing device in or upon any vessel, dock, float, or other boat harbor facility shall provide and have immediately available for use an approved fire extinguisher or hose connected to a water supply system adequate for suppressing any fires that may result from the use of the flame-producing device.

    (d) No person may use a torch or other flame-producing device on or about the ferry dock terminal.

    (e) No person may smoke on the ferry dock or on any other boat harbor facility designated by appropriate signs as a no-smoking area. (Ord. 653 (part), 1982)

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18.28.310 Responsibility for animals. (a) A person owning or in charge of any animal within the Kodiak harbor shall keep that animal restrained on a leash not more than five feet in length.

    (b) The owner or person in charge of any animal shall be responsible for removing and disposing of any feces deposited by the animal on any small boat harbor facility.

    (c) The owner or person in charge of any animal shall keep the animal from any loud barking and howling. The animal will be securely leashed and all feces deposited on deck shall be removed in a manner so as to not prevent or hinder persons from crossing a vessel's deck to board their own vessel, or otherwise disturb the peace and good order of the harbor. (Ord. 653 (part), 1982)

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18.28.320 Responsibility for children. No parent or other adult person responsible for the care or custody of any child under the age of twelve years may permit that child to be on or near any dock or float within the city harbor, unless accompanied by an adult. (Ord. 653 (part), 1982)

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18.28.330 Wheeled vehicles prohibited. No person may drive any bicycle or any motorized wheeled or tracked equipment upon any float facility without first obtaining the consent of the harbormaster. (Ord. 653 (part), 1982)

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18.28.340 Regulation of signs. (a) No person may write or post any written or printed matter in any place within the Kodiak harbor except upon bulletin boards constructed for that purpose and only after obtaining permission by the harbormaster.

    (b) Signs identifying businesses or products may be erected within the Kodiak harbor upon approval of the council. (Ord. 653 (part), 1982)

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18.28.350 Fishing prohibited. No person may fish from any dock, float, ramp, or any mooring facility operated by the city, nor may any person fish within a waterway in a manner which may interfere with movement of other vessels. (Ord. 653 (part), 1982)

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18.28.355 Regulation of diving and water contact sports. (a) It is unlawful for any person to engage within the small boat harbors or any other waters of Kodiak harbor in diving or any recreational activity in which the body of the person comes into physical contact with the water, including, but not limited to swimming, water skiing, jet skiing, wind surfboarding, paddle boarding, or diving, unless written application is made and permission is obtained in advance from the harbormaster; provided, however, that diving shall be permissible without the permission of the harbormaster as set forth in subsection (b) herein. The harbormaster shall develop such procedures, rules and regulations as may be necessary for the granting of permission as allowed in this section, which procedures, rules and regulations shall be subject to modification by resolution of the City Council.

    (b) It shall be lawful for a person to engage in the activity of diving within the small boat harbors of any other waters of Kodiak harbor if the purposes for which the dive is being conducted are related:

(1) to the inspection, maintenance or repair of any vessel moored within the small boat harbor, or of any equipment attached thereto, 

(2) to the inspection, maintenance, repair, construction, or improvement of port and harbor facilities, or; 

(3) to a search or other activities carried out by or at the direction of law enforcement or emergency personnel. All divers shall prominently display a diver's-down flag in the area in which the diving occurs with a minimum size of 12" x 12". No diver shall be submerged below the surface of the water without providing an observer at the surface. All divers shall observe all appropriate diving safety precautions. (Ord. 885 §7, 1990)

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18.28.360 Commercial repair of vessels. No person may engage in the commercial repair of any vessel within the small boat harbor without first notifying the harbormaster of the vessel to be repaired, the nature of the repairs, and the type of equipment to be utilized in the repairs. The harbormaster may require evidence of insurance or the execution of a hold harmless agreement as a condition to permitting commercial repair in the boat harbor, if the harbormaster determines that the repairs to be performed may create a risk of damage or destruction to other vessels or property, or injury to persons in the boat harbor. (Ord. 653 (part), 1982)

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18.28.370 Unlawful acts, remedies. (a) It shall be unlawful for any person using the Kodiak harbor or the harbor and/or port facilities to:

(1) Repealed;

(2) Repealed;

(3) Repealed;

(4) Repealed;

(5) Create or maintain any nuisance on or within Kodiak harbor or the harbor and/or port facilities, or to conduct or carry on any unlawful acts, business, or occupation therein;

(6) Repealed;

(7) Repealed;

(8) Repealed;

(9) Repealed;

(10) Repealed;

(11) Repealed;

(12) Disregard, deface, remove, tamper with, or damage any sign or notice relating to the use of the boat harbor facilities posted by the harbormaster, the city engineer, or any other city employee or official;

(13) Obstruct or interfere with the harbormaster in the performance of his duties; or refuse to comply with any lawful order of the harbormaster;

(14) Feed or attempt to feed sea lions; or

(15) Violate any provision of this chapter.

    (b) Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter may be denied the use of the harbor facilities, equipment, or services. (Ord. 885 §4 & 5, 1990; Ord. 879 §9, 1990; Ord. 753 §9, 1985; Ord. 653 (part), 1982)

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18.28.380 State of Alaska lease policy
. It is the intent of the city of Kodiak to operate the Kodiak small boat harbors in conformance with the conditions of the lease between the city of Kodiak and the state of Alaska and the operation policies promulgated by the state of Alaska. (Ord. 653 (part), 1982)

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18.28.390 Impoundment, sale or disposal of vessels
(a) The harbormaster may impound a vessel in the City harbor that the harbormaster determines to be (1) derelict; (2) in violation of a provision of this chapter, or (3) delinquent in the payment of moorage or other charges for services rendered to the vessel by the City. The harbormaster may impound a vessel by immobilizing the vessel or by hauling the vessel out of the water and storing it, with all expenses and risks of haul-out and storage to be borne by the owner of the vessel.
(b) Except in the circumstances describe in subsection (c) of this section, the harbormaster shall not haul-out and impound a vessel without first providing notice and an opportunity for a hearing on the impoundment under this subsection.
    (1) At least 15 days before impounding the vessel, the harbormaster shall (i) post notice of the impoundment on the vessel, in the harbormaster’s office, at the City offices, and on the bulletin board at the entrance of the nearest United States Post Office; and (ii) mail the notice by certified mail, return receipt requested, to the last-known address of the registered owner, lienholder, operator, master or agent of the vessel as identified on the Vessel Mooring Agreement or application for certificate of number filed with the Department of Motor Vehicles.
    (2) The notice of proposed impoundment shall contain (i) the name and number of the vessel; (ii) the name and address, if known, of the registered owner, lienholder, operator, master or agent of the vessel; (iii) the location of the vessel; (iv) the reasons for impoundment and, if the vessel was impounded pursuant to subsection (c), the date of impoundment; (v) a statement that unless a hearing is requested, the harbormaster will impound the vessel under this section within 15 days of the date of the notice; (vi) a statement that the right to a hearing will be waived if not timely requested and the harbormaster may proceed with impoundment and disposition of the vessel by sale, destruction or other disposition authorized by law; (vii) a statement that if the vessel is impounded and not redeemed within 30 days of impoundment, title to the vessel and its contents shall vest in the City and the vessel and its contents will be sold or otherwise disposed of as provided in this title; and (viii) the name, address and telephone number of the harbormaster or other City representative to be contacted concerning the impoundment.
    (3) A person claiming an interest in the vessel may obtain a hearing on the impoundment of the vessel by requesting the hearing in writing at the office of the harbormaster not more than 15 days after the date of the notice of impoundment.
(c) If the harbormaster determines that the derelict condition of a vessel constitutes a fire or safety hazard to harbor facilities or other vessels, or a pollutant hazard to the waters and marine life of the harbor, and that damage from such fire, safety or pollutant hazard will more likely than not occur within the notice period required under subsection (b) of this section, the harbormaster may take reasonable steps to prevent damage from the fire, safety or pollutant hazard without prior notice or hearing, including without limitation impounding the vessel by immobilizing the vessel or by hauling the vessel out of the water and storing it. Promptly after impounding a vessel under this subsection, the harbormaster shall give notice of the impoundment in accordance with subsection (b)(1) of this section. A person claiming an interest in the vessel may obtain a hearing on the impoundment of the vessel by requesting the hearing in writing at the office of the harbormaster not more than 15 days after the date of the notice of impoundment.
(d) Upon written request by the owner, master, or agent of the vessel, a hearing officer as designated by the City Manager shall conduct a hearing on the impoundment of the vessel within seven (7) days of the request for hearing. The sole issue before the hearing officer shall be whether there is probable cause to impound the vessel. Probable cause to impound shall mean a state of facts that would lead a person of ordinary care and prudence to believe that one or more of the grounds stated in subsection (a) of this section for impounding the vessel has occurred and is continuing. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by the technical rules of evidence. Any person claiming an interest in the vessel may appear, present evidence, and cross-examine witnesses. The hearing shall be recorded. Within seven (7) days of the conclusion of the hearing, the hearing officer shall prepare a written decision whether to impound the vessel, or, in the case of a post-impoundment hearing, whether to release the vessel from impoundment, stating the reasons for the decision. The hearing officer shall provide a copy of the decision to each person who appeared at the hearing and claimed an interest in the vessel. The hearing officer’s decision has no effect on any criminal proceeding for the violation of this chapter, which will be resolved by the court regardless of the impoundment decision.
(e) Any person aggrieved by the harbormaster’s decision under subsection (d) of this section to impound a vessel or not to release a vessel from impoundment may appeal the decision to the Superior Court within 30 days after the date the decision was mailed or delivered to the parties. Unless the court orders otherwise, the harbormaster may impound a vessel under this section immediately after issuing a decision approving the impoundment, but may not sell or otherwise dispose of the vessel until either the court affirms the decision, or the time for appeal expires without an appeal having been filed.
(f) An impounded vessel, and its registered owner, master or agent shall be jointly and severally liable for the costs of hauling out, storing, securing, and selling or otherwise disposing of the vessel, as well as the costs of abating any fire, safety or pollutant hazard that is caused by the vessel.
(g) Any vessel impounded shall be held by the City for a period of not less than 30 days. After impounding a vessel, the harbormaster shall determine whether to sell or to otherwise dispose of the vessel. The harbormaster shall sell the vessel unless the harbormaster determines that the market value of the vessel does not exceed the amount owed from the vessel to the City plus the costs of the sale, or that the vessel is a derelict, and unlikely to be returned to a safe and seaworthy condition. If the amount owed from the vessel plus the costs of sale do not exceed $10,000 the harbormaster may estimate the market value of the vessel to make this determination. Otherwise, the harbormaster shall make the determination after obtaining an independent appraisal of the market value of the vessel from a qualified appraiser. If the vessel need not be sold, the harbormaster may destroy or otherwise dispose of the vessel. The owner of the vessel shall be liable for the costs of destroying or otherwise disposing of the vessel.
(h) The harbormaster shall give notice of the City’s intent to sell or dispose of an impounded vessel in the manner provided in subsection (b) of this section at least 10 days before the date of sale or disposal. The notice shall state the name and number of the vessel, the name and address, if known, of the registered owner, master or agent of the vessel, the lienholder, if known, the location of the vessel, that the harbormaster has impounded the vessel under this section, that the harbormaster intends to sell or dispose of the vessel on a day and at a place and time certain, as the case may be, and the requirements for a person claiming an interest in the vessel to reclaim the vessel. If the vessel is to be sold, the notice shall describe the vessel to be sold, state any required terms of the sale and any required minimum sale price, and the date, time and place where bids will be received. This notice shall also be published in a newspaper of general circulation in the City once at least 10 days prior to the date of the sale or disposal of the vessel.
(i) At any time prior to the sale or disposal of the vessel, a person claiming an interest in an impounded vessel may reclaim possession by paying to the City all charges against the vessel to the date possession is reclaimed; provided that, if the harbormaster determines that an impounded vessel is a derelict and unlikely to be returned to a safe and seaworthy condition, the harbormaster may refuse further moorage of the vessel, and condition the return of possession of the vessel on the claimant making satisfactory arrangements to remove the vessel from the harbor, and providing the City with security acceptable to the harbormaster for the vessel’s proper and timely removal.
(j) The City may offer an impounded vessel for sale at public auction or by sealed competitive bid. Continued moorage of the vessel in the City harbor shall be at the discretion of the harbormaster. If the City intends to refuse further moorage of the vessel, the notice of sale shall so state, and the sale shall be conditioned upon the purchaser making satisfactory arrangements to remove the vessel from the harbor, and providing the City with security acceptable to the harbormaster for the vessel’s proper and timely removal. The sale by the City of an impounded vessel shall be without warranty as to title or otherwise. If the City receives no acceptable bids for the vessel, the harbormaster may destroy or otherwise dispose of the vessel.
(k) The proceeds of the sale of an impounded vessel shall be applied first to any fees or charges owed to the City on account of the vessel, including reimbursement for all costs of impoundment and sale. Any part of the proceeds remaining thereafter shall be made available to the owner of the vessel if claimed within 30 days from the date of sale, and if not so claimed shall become the property of the City. (Ord. 1161 §2, 2003; Ord. 653 (part), 1982)

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18.28.400 Disposition of scheduled offenses. (a) A person cited for an offense for which a scheduled fine has been established in section 420 of this chapter 18.28 may mail or personally deliver to the designee of the city manager the amount of the fine plus any surcharge required to be imposed by AS 29.25.072 indicated on the citation for the offense together with a copy of the citation signed by the person indicating the person's waiver of court appearance, entry of plea of no contest, and forfeiture of fine. Payment of a citation for a scheduled offense under this chapter may be mailed or personally delivered within 5 days of the date of the citation.

    (b) When a fine is forfeited under this section, a judgment of conviction shall be entered. The fine paid plus any surcharge required to be imposed by AS 29.25.072 is complete satisfaction for the offense.

    (c) Forfeiture of the fine is equivalent to a conviction for purposes of this chapter. (Ord. 1081, §18, 1998; Ord. 886 (part), 1990)

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18.28.410 Failure to obey citation. (a) If a person is cited for an offense for which a scheduled fine has been established under this chapter and fails to pay the fine, or appear in court, the citation shall be considered a summons for a misdemeanor.

    (b) If a person cited for an offense under this chapter for which an amount of fine has been established appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine established for the offense plus any surcharge required to be imposed by AS 29.25.072. (Ord. 1081, §19, 1998; Ord. 886 (part), 1990)

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18.28.420 Port and harbor offenses fine schedule. (a) If a fine amount is set for an offense arising under this chapter, a person charged with that offense can dispose of the charge (by mail or in person) by paying the fine amount plus any surcharge required to be imposed by AS 29.25.072 and checking the "no contest plea" box on the back of the citation. Alternatively, the person may choose to appear in court and contest the citation. If found guilty, the maximum sentence which may be imposed is the fine amount plus any surcharge required to be imposed by AS 29.25.072. A person charged with an offense for which a fine amount has been set (whether it is an infraction or a misdemeanor) does not have a right to a jury or to a court-appointed lawyer.

    (b) If no fine is set for an offense, the defendant must appear in court for arraignment.

    (c) The fine amounts are as follows:

PORT AND HARBOR OFFENSES NUMERICAL LISTING

Provision

Offense  

Fine

18.28.020(a) Failure to register and pay       $   50.00
18.28.020(b)        Failure to report change in ownership                        50.00
18.28.020(c)                                  Mooring where prohibited              50.00

18.28.020(f) 

False statement in application         50.00
18.28.020(g)  Failure of owner/operator to respond when called    300.00
18.28.030 Improper use of exclusive moorage space  75.00
18.28.050 (a)  Mooring at ferry dock  75.00
18.28.060(a)  Multiple mooring without consent  50.00
18.28.080  Affixing boat to gridiron without consent  300.00
18.28.090 Mooring of seaplane on or adjacent to boat moorage  50.00
18.28.110  Misuse of day storage area-short term 50.00
18.28.130(e)  Theft of services  300.00
18.28.140(e)   Trespass/Failure to remove vessel upon notice 300.00
18.28.190(b)  Negligent operation of vessel  300.00
18.28.190(d)  Disturbing the peace  75.00
18.28.190(e)   Violation of speed or wake restriction 75.00
18.28.190(f), (g)  Illegal anchoring  75.00
18.28.190(h)  Failure to stop when hailed  75.00
18.28.200  Blinding lights  300.00
18.28.210(a)  Violation of vessel size restrictions  50.00
18.28.210(b)   Noncompliance with U.S. Coast Guard Regulations 50.00
18.28.210(c)  Muffler required  50.00
18.28.220  Improper securing of auxiliary vessels  50.00
18.28.230(a)  Improper occupancy of vessel  50.00
18.28.230(b)  Occupancy of vessel not in regular use  50.00
18.28.240(a)  Littering  75.00
18.28.240(b)  Improper maintenance of floats  75.00
18.28.240(c)  Failure to use garbage containers  75.00
18.28.240(d)  Improper disposal of waste oil  75.00
18.28.240(e)  Pumping of bilge oil and gas into harbor  75.00

18.28.250(a) 

Improper maintenance of floats 

75.00

18.28.250(b) 

Storage on floats  50.00

18.28.260 

Tampering with facilities  75.00

18.28.270 

Improper float bumpers  50.00

18.28.280(a) 

Improper hauling out  50.00

18.28.280(b) 

Loading or unloading freight at small boat harbor  75.00

18.28.290 

Failure to report accident  75.00

18.28.300(a) 

Unattended fire  75.00

18.28.300(b) 

Improper treatment of combustible materials  75.00

18.28.300(c) 

Lack of flame producing device safeguards  75.00

18.28.300(d) 

Use of flame producing device at ferry terminal  75.00

18.28.300(e) 

Smoking in prohibited areas  50.00

18.28.310(a) 

Failure to restrain animal  50.00

18.28.310(b) 

Animal deposits  50.00

18.28.320 

Failure to accompany children under 12 years  50.00

18.28.330 

Wheeled or tracked vehicle on float facility  50.00

18.28.340(a) 

Violation of sign restrictions  50.00

18.28.350 

Fishing prohibited  50.00

18.28.355 

Swimming, water skiing, etc. prohibited  50.00

18.28.360 

Restrictions on commercial repairs  50.00

18.28.370(a)(5) 

Creating or maintaining nuisance or conducting illegal business 

75.00

18.28.370(a)(12) 

Removing, damaging or defacing official signs 

300.00

18.28.370(a)(13) 

Failure to comply with lawful order  75.00

18.28.370(a)(14) 

Feeding sea lions  300.00

(Ord. 1081, '20, 1998; Ord. 1041 §12, 1997; Ord. 926 '2 & §3, 1991; Ord. 889 '2, 1990; Ord. 886 (part), 1990

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 18.32

 

CHAPTER 18.32  
PARK AND WATERSHED REGULATIONS


For statutory provisions regarding extraterritorial jurisdiction on watersheds, see AS 29.35.020(b)(1).



18.32.010 Citation

18.32.020 Definitions

18.32.030 Defacing property

18.32.040 Removal of soil, trees, or plants

18.32.050 Building construction

18.32.060 Injury to trees or plants

18.32.070 Hunting or molesting animals or birds

18.32.080 Intoxicating beverage

18.32.090 Sanitation

18.32.100 Refuse deposit

18.32.105 Vehicles Prohibited

18.32.110 Camping restrictions

18.32.120 Enforcement

18.32.130 Violation penalty



18.32.010 Citation
. The ordinance codified in this chapter shall be known and may be cited as the "City of Kodiak Ordinance Regulating Conduct in Public Parks and Watershed." (Ord. 399 §1, 1973)

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18.32.020 Definitions
. For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.

    (a) "City" is the city of Kodiak, Alaska.

    (b) "Park" is a park, reservation, playground, beach, recreation center, or any other area in the city or outside of the city owned or used by the city, and devoted to active or passive recreation.

    (c) "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind.

    (d) "Vehicle" is any wheeled conveyance, whether motor powered or self propelled, and shall include but is not limited to automobiles, motorcycles, motor scooters, all-terrain vehicles, and snow machines of all kinds.

    (e) "Watershed" is the whole region or area contributing to the Pillar Creek, Monashka Creek, and city reservoir system including the drainage area, catchment area, or basin. (Ord. 1153 §1, 2003; Ord. 399 §2, 1973)

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18.32.030 Defacing property. No person in a park or watershed shall willfully mar, deface, disfigure, injure, tamper with, or displace or remove, any building, table, bench, fireplace, sign, notice or placard, monument, stake, post, or other boundary marker. (Ord. 399 §3(1), 1973)

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18.32.040 Removal of soil, trees, or plants. No person in a park or watershed shall dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs, or plants, downed timber or other wood, or materials, or make any excavation by tool, equipment, blasting, or other means or agency. (Ord. 399 §3(2), 1973)

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18.32.050 Building construction. No person in a park or watershed shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands, except on special, written permit issued therefore. (Ord. 399 §3(3), 1973)

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18.32.060 Injury to trees or plants. No person in a park or watershed shall damage, cut, carve, transplant, or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant. No person shall attach any rope, wire, or other contrivance to any tree or plant or in any way injure or impair the natural beauty or usefulness of any area. (Ord. 399 §3(4), 1973)

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18.32.070 Hunting or molesting animals or birds. No person in a park or watershed shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal or bird or discharge any firearms using live ammunition, whether at a target or otherwise, within the confines of a public park or watershed. (Ord. 399 §3(5), 1973)

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18.32.080 Intoxicating beverage. (a) No person shall bring alcoholic beverages, nor shall any person drink alcoholic beverages at any time within the confines of a park or watershed.

    (b) No person under the influence of intoxicating liquor shall enter a public park or watershed. (Ord. 399 §3(6), 1973)

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18.32.090 Sanitation
. No person in a watershed shall throw, discharge, or otherwise place or cause to be placed in the waters or on the slopes constituting the watershed drainage of the watershed system of the city, any substance, matter or thing, liquid, or solid which will or may result in pollution of the water. (Ord. 399 §4(1), 1973)

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18.32.100 Refuse deposit. No person shall dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash in a public park or watershed. (Ord. 399 §4(2), 1973)

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18.32.105 Vehicles Prohibited. No person in a watershed shall operate or have in their possession a vehicle, as defined by section 18.32.020 (d). (Ord. 1153 §2, 2003)

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18.32.110 Camping restrictions. (a) For the purposes of this section "camp" shall mean an open-air location with or without temporary shelter. For recreational vehicle temporary permits see section 14.20.030 of this code.

    (b) No person shall camp in any part of the city.

    (c) No person shall camp on lands comprising the city's watershed and/or which contribute to the municipal water supply. Said lands are generally described as:

    A portion of land on Kodiak Island, State of Alaska; described with Alaska State Plane, Zone 5 courses as follows:

Beginning at corner A.P. 15 of Tract 37, State of Alaska patent number 50-87-0077 filed June 30, 1986, said point being on the northerly boundary of U.S. Survey 2539;

Thence the following courses along the westerly boundary of said Tract 37;

1. N 13E20'09" W, 2,706.66 feet;

2. N 01E39'51" E, 2,722.50 feet;

3. N 88E43'51" E, 1,050.06 feet;

4. N 01E20'09" W, 1,392.43 feet;

Thence the following courses along the natural watershed boundary;

5. N 43E32'46" W, 1,555.04 feet;

6. N 07E03'08" W, 977.39 feet;

7. N 84E53'32" W, 1,797.14 feet;

8. N 78E57'33" W, 1,670.93 feet;

9. N 11E18'36" W, 866.83 feet;

10. N 56E35'00" W, 4,648.44 feet;

11. N 01E00'18" E, 1,140.18 feet;

12. N 60E43'55" W, 1,043.17 feet;

13. N 35E41'15" E, 5,331.13 feet;

14. N 57E51'55" E, 2,350.02 feet;

15. N 44E14'34" W, 3,210.55 feet;

16. N 21E29'44" E, 2,783.61 feet;

17. S 68E55'07" E, 2,807.94 feet;

18. S 53E31'10" E, 3,532.08 feet;

19. N 79E05'42" E, 2,220.09 feet;

20. S 89E37'30" E, 6,110.13 feet;

21. S 32E32'06" E, 687.97 feet;

22. S 25E28'30" W, 2,115.70 feet;

23. S 28E24'46" E, 3,467.71 feet;

24. S 19E24'21" W, 1,866.01 feet to a point on the northerly boundary of said Tract 37;

Thence the following courses through said Tract 37;

25. S 04E31'56" E, 1,645.14 feet;

26. S 07E28'18" W, 2,460.89 feet;

27. S 59E31'31" E, 3,214.00 feet;

28. S 28E41'23" E, 1,960.02 feet to a point on the westerly right-of-way of Monashka Bay road, State of Alaska right-of-way         mapS-0391(2), plat number 84-4;

29. Thence along a curve to the left, central angle 62E61'24", radius 481.73 feet, curve length 524.28 feet to the northwesterly corner of Lot 1, Tract C of BLM Tract D, plat number 91-31;

Thence the following courses along the northwesterly boundary of said Lot 1;

30. S 11E52'02" W, 72.74 feet;

31. S 04E58'38" W, 87.23 feet;

32. S 05E59'29" W, 27.89 feet;

33. S 06E26'12" W, 15.22 feet;

34. S 28E00'44" W, 29.40 feet;

35. S 60E15'23" W, 127.23 feet;

36. S 50E30'47" W, 91.64 feet;

37. S 33E33'10" W, 82.66 feet;

38. S 88E17'29" W, 69.22 feet;

39. S 35E21'27" W, 59.45 feet to range line 19 and 20 west;

40. Thence S 01E30'37" E, 989.94 feet along said range line to the northerly boundary of U.S. Survey 3945;

Thence the following courses through said U.S. Survey 3945;

41. S 58E27'21" E, 2,086.57 feet;

42. S 01E24'31" E, 610.18 feet;

43. S 48E16'14" W, 1,983.13 feet;

44. S 02E07'16" W, 1,080.74 feet;

45. S 65E57'09" W, 853.20 feet to a point on the westerly boundary of U.S. Survey 3945 common with the easterly boundary of said Tract 37;

46. Thence S 35E53'42" E, 947.07 feet to corner 1 of Lot 12, U.S. Survey 2539;

47. Thence S 88E41'51" W, 2,397.39 feet along the northerly boundary of said Lot 12;

Thence the following courses through said Lot 12;

48. S 65E57'09" W, 897.23 feet;

49. S 62E48'07" W, 3,091.33 feet to a point on the southwesterly boundary of said Lot 12 common with the northeasterly boundary of Lot 15, U.S. Survey 2539;

Thence the following courses through said Lot 15;

50. S 62E48'07" W, 551.45 feet;

51. S 82E55'28" W, 2,151.38 feet;

52. N 61E14'28" W, 2,341.63 feet to a point on the westerly boundary of said Lot 15 common with the easterly boundary of Lot 16, U.S. Survey 2539;

53. Thence N 33E51'14" W, 1,164.20 feet to a point on the northerly boundary of said Lot 16 common with the southerly boundary of said Tract 37;

54. Thence S 88E41'32" W, 1,134.72 feet along said boundary to the point of beginning.

Containing: 7,812 acres, more or less. 

(Ord. 932, 1992; Ord. 736, 1984; Ord. 697 §3, 1983; Ord. 649 §1, 1982; Ord. 399 §4(3), 1973)

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18.32.120 Enforcement. (a) The police department shall in connection with its duties imposed by law, diligently enforce the provisions of this chapter.

    (b) The police department shall have the authority to seize and confiscate any property, thing, or device in a park or watershed used in violation of this chapter. (Ord. 399 §5, 1973)

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18.32.130 Violation, penalty. The penalty for violations of this chapter shall be as prescribed in section 1.12.010. (Ord. 407 '2 (part), 1973; Ord. 399 §6, 1973)

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 18.36

 

CHAPTER 18.36
KODIAK MUNICIPAL AIRPORT



18.36.010 Short title

18.36.020 Definitions

18.36.030 Zones and patterns, generally

18.36.040 Takeoff zone

18.36.050 Takeoff pattern

18.36.060 Landing pattern

18.36.070 Landing and takeoff, accepted exceptions

18.36.080 Approach surface

18.36.090 Clear zone and parking zone

18.36.100 Landing and takeoff, monitor frequency requirement

18.36.110 Aircraft traffic regulations adopted

18.36.120 Use restrictions, generally

18.36.130 Nonconforming use, marking and lighting

18.36.140 Nonconforming use, continuation

18.36.150 Fees

18.36.160 Appeals

18.36.170 Repealed

18.36.180 Conflicting regulations

18.36.190 Seaplane Ramp


18.36.010 Short title
. The ordinance codified in this chapter shall be known as the "Kodiak Municipal Airport Ordinance." (Ord. 406 §1, 1973)

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18.36.020 Definitions. As used in this chapter, unless the context otherwise requires:

    (a) "Airport" means the Kodiak Municipal Airport, including Lilly Lake.

    (b) "Airport elevation" is the established elevation of the highest point on the usable landing area.

    (c) "Airport hazard" means any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of the aircraft.

    (d) "Landing area" means the area of the airport used for landing, takeoff, or taxiing of aircraft, including Lilly Lake.

    (e) "Nonconforming use" means any structure, tree, or use of land which does not conform to a regulation prescribed in this chapter or an amendment hereto as of the effective date of such regulation.

    (f) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof.    

    (g) "Runway" means the landing and takeoff area of the airport landing area, including Lilly Lake.

    (h) "Structure" means any object constructed or installed by man, including, but not limited to, buildings, towers, smokestacks, and overhead transmission lines.

    (i) "Tree" means any object of natural growth. (Ord. 406 §2, 1973)

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18.36.030 Zones and patterns, generally. In order to carry out the provisions of this chapter, there are created and established certain zones and patterns, which zones shall include all the lands lying within the airport boundary and abutting the airport boundary over which any aircraft is required to fly or make a safe approach, when landing or taking off in connection with the use of Kodiak Municipal Airport. (Ord. 406 §3 (part), 1973)

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18.36.040 Takeoff zone. A takeoff zone is established for all aircraft using the airport, which zone shall extend for two hundred fifty feet to either side of the centerline of the runway and two hundred fifty feet from each end of the runway. (Ord. 406 §3(1), 1973)

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18.36.050 Takeoff pattern. All aircraft will, on takeoff, use a flight pattern which provides that they will turn to the east or make a right-hand turn when taking off in a northerly direction or a left-hand turn when taking off in a southerly direction. (Ord. 406 §3(2). 1973)

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18.36.060 Landing pattern. A landing pattern is established which requires all aircraft landing to make a left-hand turn when landing south and to make a right-hand turn when landing to the north. (Ord. 406 §3(3), 1973)

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18.36.070 Landing and takeoff, accepted exceptions. (a) Nothing in this chapter shall be construed to preclude a straight-in approach to land or a straight-out departure after takeoff, so long as such aircraft are otherwise operated in compliance with this chapter, and so long as such operations do not interfere with other aircraft in compliance with this chapter.

    (b) In any case, the right-of-way rules of the Federal Aviation Regulations, Part 91, shall prevail. (Ord. 406 §3(4), 1973)

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18.36.080 Approach surface. An approach surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the runway is hereby established. The inner edge of the approach surface is the same width as the runway and it expands uniformly to a width of 1,500 feet for each end of the runway. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20 to 1. No building or structure may be constructed or erected nor may any other object be stored or placed in such a manner as to protrude into the approach surface. (Ord. 725 §1, 1984; Ord. 406 §3(5), 1973)

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18.36.090 Clear zone and parking zone. (a) A clear zone is established, consisting of that area within fifty feet from and on the outside of both edges of the gravel runway, within which no structure may be constructed, erected, or placed and no vehicle or other object may be parked, stored, or placed.

    (b) A parking zone is established, consisting of a strip of land twenty-five feet in width immediately adjacent to the clear zone and on that side of the clear zone which is farthest from the gravel runway. No structure may be constructed, erected, or placed within the parking zone nor may any other object be parked, stored, or placed within the parking zone except motor vehicles, other than those used for living or sleeping accommodations, and aircraft may be parked within the parking zone.

    (c) A structure in excess of thirty-five feet in height above the natural ground level may not be constructed, erected, or placed on any lot adjacent or contiguous to Lilly Lake, nor may any structure, improvement, facility, barrier, or obstruction which will or may constitute an airport hazard be placed on Lilly Lake. Additionally, any fill placed over the natural ground level is considered part of the thirty-five foot limitation.

    (d) Notwithstanding any other provisions of this section 18.36.090, no use of property for which a variance has been obtained from the Kodiak Island borough planning and zoning commission or with respect to which that commission has determined that a variance is unnecessary shall be deemed to violate this section 18.36.090. (Ord. 901, 1991; Ord. 725 §2 & §3, 1984; Ord. 558 §1, 1979; Ord. 406 §3(6), 1973)

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18.36.100 Landing and takeoff, monitor frequency requirement. All aircraft with radios, upon takeoff or landing, shall be required to monitor and maintain two-way radio communications with frequency 119.8 (Kodiak Tower), and all aircraft shall comply with the recommended procedures of the Aeronautical Information Manual. (Ord. 593 §1, 1981; Ord. 406 §3(7), 1973)

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18.36.110 Aircraft traffic regulations adopted. The traffic advisory practices at non-tower airports contained in the Aeronautical Information Manual, dated July 20, 1995, as regularly updated by the Federal Aviation Administration and published by the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, are adopted and shall constitute the laws of the city relating to aircraft traffic practices in the Kodiak Municipal Airport. The city clerk is directed to keep a copy on file in the clerk's office. (Ord. 1026, 1996; Ord. 435 §2, 1975)

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18.36.120 Use restrictions
, generally. Notwithstanding any other provisions of this chapter, no use may be made of land within any airport approach zone or airport turning zone, in such a manner as to create electrical interference with radio communication between aircraft and ground facilities or between air-to-air transmission or make it difficult for flyers to distinguish between airport and other lights or markings, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking off, or maneuvering of aircraft. (Ord. 406 §4, 1973)

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18.36.130 Nonconforming use, marking and lighting. The city manager may require that a nonconforming use have installed, maintained, and operated such markers and lights as shall be deemed necessary to indicate to the operators of aircraft the presence of hazards. (Ord. 406 §5, 1973)

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18.36.140 Nonconforming use, continuation. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter, or otherwise interfere with the continuance of any nonconforming use; however, after the effective date of the ordinance codified herein, there shall be no further or new nonconforming

uses permitted, nor shall any such nonconforming use be reinstated after its destruction or discontinuance. (Ord. 406 §6, 1973)

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18.36.150 Fees. The city council may, by resolution, establish fees for the utilization of the airport and any airport facilities. The city manager may recommend fees for adoption by the council that are reasonable and necessary for the proper maintenance, improvement, and operation of the airport. (Ord. 972 §2, 1993; Ord. 483 §1, 1977)

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18.36.160 Appeals. (a) Any person aggrieved, or taxpayer affected, by any decision of the city manager or designee made in the administration of this chapter, if of the opinion that a decision of the city manager or designee is an improper application of this chapter, may appeal to the city council.

    (b) All appeals taken under this section must be taken within a reasonable time by filing with the city clerk a notice of appeal specifying the grounds therefore. The city clerk shall transmit to the city council all papers constituting the record upon which the action appealed from was taken.

    (c) An appeal shall stay all proceedings and furtherance of the action appealed from unless the city manager certifies to the council, after the notice of appeal has been filed with it, that by reason of the fact of the stay there would be caused imminent peril to life or property. In such case, proceeding shall not be stayed and the council shall proceed to hear the matter at the earliest possible moment.

    (d) The council shall fix a reasonable time for the hearing of the appeal, giving public notice and due notice to the parties in interest and to decide the same within a reasonable time. Upon the hearing any person may appear in person or by agent or attorney.

    (e) The council shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts reversing or affirming or modifying a decision or determination which comes before it under the provisions of this chapter. (Ord. 406 §7, 1973)

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18.36.170 Violation, penalty. Repealed by Ordinance Number 753, effective February 23, 1985.

Repealed §18.36.170 derived from Ord. 406 §8.

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18.36.180 Conflicting regulations. Where this chapter imposes a greater or more stringent restriction upon the use of land than is imposed or required in any other ordinances or regulations, the provisions of this chapter shall govern. (Ord. 406 §9, 1973)

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18.36.190 Seaplane ramp. The city clerk shall designate not more than two-thirds of the seaplane ramp spaces at the Trident Basin seaplane base as available for reserved use by one aircraft each, under the following terms and conditions:

    (a) seaplane ramp space designated for exclusive moorage shall be assigned by terms of a lease of at least one years duration;

    (b) exclusive moorage may not be assigned or subleased by the owner or operator of the aircraft entitled to exclusive moorage; and

    (c) remaining seaplane ramp space shall be made available to all members of the public for transient or temporary mooring of aircraft. When the available ramp space is occupied, aircraft shall obtain mooring space that is not on or adjacent to mooring space provided for vessels other than aircraft. (Ord. 1060 §12, 1998)

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 18.40


CHAPTER 18.40
CITY CEMETERIES AND BURIAL THEREIN



18.40.010 Definitions

18.40.020 City cemeteries considered memorial parks city manager regulations

18.40.030 City cemeteries responsibility for operations and maintenance

18.40.040 Burial, where permitted, requirements, permit ,disinterment

18.40.050 Permit fees

18.40.060 Burial records private tracts

18.40.070 Prohibited acts



18.40.010 Definitions
. As used in this chapter:

    (a) "Burial disinterment permit" means the city's permission allowing the removal of a deceased person's remains from a grave in any of the cemeteries.

    (b) "Burial permit" means the city's permission allowing the burial of a deceased person in any of the cemeteries.

    (c) "City cemeteries" or "cemeteries" means the several tracts within the city of Kodiak described as lot 1, United States survey 3511; lots 27 and 28, block 13, Aleutian Homes Subdivision; and the unplatted portion of block 6, Erskine Subdivision.

    (d) "City clerk" means the individual who issues all permits and keeps records for the cemeteries.

    (e) "Department" means the parks and recreation department or its director.

    (f) "Director" means the director of the parks and recreation department.

    (g) "Grave" means the individual place of burial.

    (h) "Grave preparation" means the excavation, backfill, and removal of excess material from a burial lot and replacement of the turf.

    (i) "Grave reservation permit" means a revocable use permit to reserve a lot or lots in any of the cemeteries.

    (j) "Grave use permit" means the permission granted to use a lot for a grave in the city cemeteries.

    (k) "Lot" means a parcel of land for burial of one or more persons, as designated by the city manager regulations.

    (1) "Plot" means a ground area only in city tracts of approximately ten by twelve feet containing two lots or as shown on the official cemetery plats.

    (m) "Private tract" means a tract within any of the city cemeteries originally deeded to a church or other organization.

    (n) "Remains" means any part or parts of the body of a deceased person. (Ord. 713 (part), 1984)

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18.40.020 City cemeteries considered memorial parks city manager regulations. (a) Cemeteries considered memorial parks. The city cemeteries shall be landscaped by the department so that the dignity and historical aspects will be enhanced.

    (b) City manager regulations. The city manager may, subject to the approval of the council,

promulgate regulations pertaining to the use of the cemeteries to maintain the parks and to administer their operation in order to protect public property and to provide for the safety, health, morals, or welfare of the public, in accordance with this chapter, including, but not limited to, regulations:

(1) Concerning general administration of and supervision, including the right to enlarge, reduce, replat, or change the boundaries or grading of the city tracts or any part thereof;

(2) Regulating interment space and reservation of burial lots;

(3) Regulating the type and kind of grave markings;

(4) Dealing with the general appearance, landscaping, care, construction, repairs, hauling, or grave preparation; and

(5) Regulating the speed limit and traffic within the cemeteries. (Ord. 713 (part), 1984)

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18.40.030 City cemeteries, responsibility for operation and maintenance. The department shall be responsible for the operation and maintenance of the city cemeteries. (Ord. 713 (part), 1984)

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18.40.040 Burial, where permitted, requirements, permit, disinterment.

    (a) Where permitted. It is unlawful for any person to bury the remains of any person within the city except in the city cemeteries or a private cemetery approved by the city having the same health, welfare, and community standards of the city cemeteries.

    (b) Requirements permit. The remains of any person may be buried in the city cemeteries if:

(1) The burial meets the requirements of state laws and regulations; and

(2) A burial permit has been obtained from the city clerk. The burial permit shall state:

(A) The name and age of the deceased;

(B) Date and place of death;

(C) Name of person arranging for burial and a statement that the person has the right to use the lot for burial; and

(D) The exact location of the grave.

    (c) Disinterment permit. It is unlawful for any person to disinter the remains of any person without obtaining a disinterment permit from the city clerk. (Ord. 713 (part), 1984)

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18.40.050 Permit fees. Any required fees established by resolution or motion of the city council shall be remitted to the department. (Ord. 951 §18, 1993; Ord. 713 (part), 1984)

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18.40.060 Burial records private tracts. (a) Burial records. The city clerk shall keep records on all burials and disinterments in the city cemeteries including both city and private tracts. The records shall include a register and book for each tract containing an alphabetical index of the names of the persons buried in the tract and other vital information, including the name of the person buried or disinterred, the date of birth, the place and date of death, the date of burial or disinterment, and the grave location. Official maps of the cemeteries shall be maintained so that the exact place of burial or disinterment can be ascertained by section, lot, and tract.

    (b) Private tracts. Owners or custodians of private tracts shall furnish the city clerk with sufficient information, if available, to enable the city to have the same records of burials and disinterments for private tracts as for city tracts. The city clerk shall not be responsible for the accuracy of burial records for private tracts in any of the city cemeteries kept by private organizations before such functions are completely transferred to the city. (Ord. 713 (part), 1984)

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18.40.070 Prohibited acts. It is unlawful for any person within any of the city cemeteries to:

    (a) Deface, mar, write upon, or otherwise injure any monument, design, decoration, or other object;

    (b) Pluck, break, trim, remove, plant, or transplant any trees, shrubs, flowers, plants, or turf, except that a person may perform such work or otherwise care for a burial lot with the written permission of the department and the person responsible for the lot if such a living person can be identified from city records; provided, however, that the city may remove items placed or planted on the grave that are unsightly or otherwise inappropriate in its sole discretion;

    (c) Be in possession of intoxicating liquor;

    (d) Carry any firearms, except for lawful ceremonies, and excluding law enforcement officers;

    (e) Bring dogs or other pets;

    (f) Trespass upon a burial lot;

    (g) Drive a motor vehicle or other type of vehicle, except within the traffic speed limits and under the directions made pursuant to city manager regulations; or

    (h) Peddle or solicit the sale of flowers, plants, or any commodity. (Ord. 1060 §13, 1998; Ord. 713 (part), 1984)

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