Chapter 9.08
NOXIOUS, INJURIOUS OR HAZARDOUS USES1
Sections:
9.08.010 Permitted only by exception.
9.08.020 Criteria for permitting exception.
9.08.030 Fire and health hazards and nuisances--Condemnation procedure.
9.08.040 Joint administration with villages permitted.
9.08.050 Violations--Penalties.
9.08.010 Permitted only by exception.
All uses that may be noxious, injurious, or hazardous to surrounding property or persons, by reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration, or similar substances or conditions, or the production or storage of explosive materials, shall be permitted only by exception. (Ord. 27 §3(a), 1971).
9.08.020 Criteria for permitting exception.
An exception for any noxious, injurious, or hazardous use or uses may be granted only upon finding that the public interest is adequately protected, considering the economic benefit to the community derived from the use, and that the owners or occupants of property in the vicinity who are specially affected are adequately protected or compensated. (Ord. 27 §1(b), 1971).
9.08.030 Fire and health hazards and nuisances--Condemnation procedure.
The planning commission may issue orders to show cause why any building which is a fire or health hazard or public nuisance should not be condemned. No sooner than thirty days after notice to the owner, or his agent, a hearing shall be held on such order. If the planning commission recommends the removal or demolition of the building, the assembly may order it removed or demolished. However, the owner shall be given at least thirty days after the hearing before the commission within which to remove the building before the borough may proceed to do so. If the borough removes the building, the cost is chargeable to the property, first against the salvaged material, which may be sold at public auction, and the balance of cost, if any, against the land, as in the case of taxes. (Ord. 27 §4, 1971).
9.08.040 Joint administration with villages permitted.
The chairman, with the approval of the assembly, may enter into contractual agreement with the villages for the joint administration of the ordinance codified in this chapter, as necessary. (Ord. 27 §6, 1971).
9.08.050 Violations--Penalties.
For any and every violation of this chapter and chapters 2.24 and 2.28, the owner, agent, or contractor of a building or premises where such violation has been committed or exists, and the owner, general agent, contractor, lessee, or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, contractor, or any other person who commits, takes part, or assists in such violation, or who maintains any building or premises in which any violation exists, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than three hundred dollars. Each and every day that such violation continues shall be deemed a separate and distinct violation. (Ord. 27 §7, 1971).
*For statutory provisions authorizing a municipality to regulate building, housing and related codes, see AS 29.48.035 (a)(14); for statutory provisions authorizing a municipality to regulate air pollution, see AS 29.48.035(18).
For procedures regarding appeals and exceptions to the provisions of this chapter, see Chs. 2.24 and 2.28 of this code.