Sections:
6.16.010 Definitions; interpretation.
6.16.020 Fee for police protection services.
6.16.030 Notice to property owner.
6.16.040 Corrective action.
6.16.050 Lien on property.
6.16.010 Definitions; interpretation. As used in Chapter 6.16:
“Dwelling unit” means a building or portion thereof designed or arranged for residential occupancy by not more than one family and includes facilities for sleeping, cooking and sanitation.
“Excessive police response,” means each police response in excess of five (5) to a single dwelling unit in a residential property.
“Owner,” when used in reference to a residential property, means the record owner or owners of the residential property as shown in the real property records.
“Police response” means that one or more police officers goes to a residential property in response to a call for assistance, a complaint, an emergency or a potential emergency; provided that the term “police response” does not include a response to:
1. receipt of false information as defined in AS 11.56.800, unless the false information was provided by an occupant or owner of the residential property; or
2. a call involving potential child neglect, potential domestic violence as defined in AS 18.66.990, or potential stalking under AS 11.41.260 or 11.41.270.
“Residential property” means a parcel, tract or lot shown as an individual unit on the most recent plat of record that contains one or more dwelling units. (Ord. 09-33(A), 2009.)
6.16.020 Fee for police protection services. a. Subject to subsection (b), the owner of a residential property shall pay the city a fee of $250.00 per excessive police response to the residential property during a calendar year.
b. The owner of a residential property shall be liable for the fee established by subsection (a) only if:
1. The city has notified the owner in writing as provided in section 6.16.030 that the fee will apply to any excessive police responses to the residential property during the calendar year;
2. The time allowed for appropriate corrective action under section 6.16.040 has expired; and
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6.16.020(b)(3)– 6.16.030
3. The owner has not taken appropriate corrective action as required by section 6.16.040
c. If a residential property has more than one owner, all owners shall be jointly and severally liable for any fee imposed under this section.
d. For residential property owned as a condominium, a fee based on excessive police responses to a single dwelling unit shall be assessed against the owner of the dwelling unit. (Ord. 09-33(A), 2009.)
6.16.030 Notice to property owner. a. The city will notify the owner of a residential property and the property manager of record in writing when there have been three (3) police responses in the current calendar year to a single dwelling unit in the residential property.
b. A notice under this section shall be given in a manner that is reasonably calculated to provide actual notice to the owner of the residential property. At a minimum, the notice shall be sent by certified mail, return receipt requested, to the mailing address of the owner as shown on the Kenai Peninsula Borough real property tax records, and if the residential property has a different street address, to that street address. The city also shall give notice by certified mail, return receipt requested, at another address where it appears more likely that the owner will receive actual notice at that address. Such other address may include, without limitation, an address identified from the telephone directory, public records, or prior police contacts with the residential property or the owner. The notice also shall be posted at the principal entrance to the residential property.
c. The notice shall:
1. Identify the residential property that is the subject of the notice by street address and legal description, and identify the dwelling unit to which the police responses have been made if there is more than one dwelling unit in the residential property;
2. State that there have been three (3) police responses to a dwelling unit in the residential property during the current calendar year;
3. State that if the owner does not take appropriate corrective action, the owner will be liable for a fee for each excessive police response to the residential property during the calendar year;
4. State the amount of the fee per excessive police response to the residential property; and
5. State the name and telephone number of a representative of the city to contact concerning the notice. (Ord. 09-33(A), 2009.)
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6.16.040 – 6.16.050
6.16.040 Corrective action. a. An owner of a residential property shall have 30 days from the date of mailing of the notice required under section 6.16.030 to promptly take appropriate corrective action in response to the notice. Appropriate corrective action shall be action that reasonably would be expected to correct the cause of the police responses to the residential property, and may include, without limitation, written notice to quit under AS 09.45.100 - 09.45.110.
b. There shall be no fee for additional police responses to the residential property that is the subject of the notice during the 30-day period allowed under subsection (a) if the owner takes appropriate corrective action during the 30-day period. The owner shall be considered to have taken appropriate corrective action if there are no additional police responses to the residential property from the end of the 30-day period until the earlier of the (i) end of the calendar year, or (ii) the date 90 days after the end of the 30-day period allowed under subsection (a). (Ord. 09-33(A), 2009.)
6.16.050 Lien on property. a. A fee imposed under section 6.16.020 is a lien on the residential property to which there have been an excessive number of police responses.
b. The lien becomes effective upon the recording of a notice of the lien that describes the residential property that is the subject of the lien, states the amount of fees for which the lien has been recorded, and states that the lien has been recorded pursuant to this section.
c. When notice of a lien has been recorded under subsection (b) of this section, the lien has priority over all other liens except:
1. Liens for property taxes, special assessments, and sales and use taxes;
2. Liens that were perfected before the recording of the lien under this section; and
3. Mechanics' and materialmen's liens for which claims of lien under AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded before the recording of the lien under this section. (Ord. 09-33(A), 2009.)
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