Chapter 14.25
SOUTH TONGASS SERVICE AREA

Sections:

14.25.010    Established.

14.25.020    Description.

14.25.030    Powers.

14.25.040    Management and operation.

14.25.050    Accounting procedures.

14.25.060    Fees and charges.

14.25.070    Delinquency charges.

14.25.080    Water provisions adopted.

14.25.090    Safety provisions.

14.25.100    Water connection required.

14.25.110    Service area fees and charges lien.

Prior Legislation – Ord. No. 431.

Editor’s Note – Map shown is Exhibit A to Ord. No. 1547, adopted January 18, 2010, which annexed an additional parcel into the South Tongass Service Area.

14.25.010 Established.

There is hereby established the South Tongass Service Area. [Ord. No. 1256, §2, 3-17-03; Ord. No. 1037, §4, 7-7-97; Ord. No. 418, §1, 7-19-82. Code 1974 §50.51.005.]

14.25.020 Description.

The South Tongass Service Area shall consist of:

That certain parcel or tract of land located on Revillagigedo Island, generally situated between the southeasterly city limits of the city of Ketchikan, Alaska, and Herring Bay, encompassing all of U.S. Survey Nos. 1584, 1265, 1397, 1705, 1080, 1734, 1782, 1697, 1769, 1627, 2402, 3397, 3396, 3803, 2269, 2268, 2315, 2192, 2297, 2318, 2290, 2376, 3277, 2217, 2405, 2191, 2404, 2608, 3278, 2218, 2403, 2801, and 3385; portions of U.S. Survey Nos. 1802, 1767, 1526, 1698, and 3537; all of U.S. Mineral Survey 1475; all that portion of U.S. Survey 1667 lying southerly and easterly of the southeasterly city limits of the city of Ketchikan, Alaska; ASLS 2004-51, an unrecorded state of Alaska subdivision; a partially surveyed tract of land within Township 75 South Range 91 East and Township 76 South Range 91 East Copper River Meridian, Alaska, more particularly described as follows:

Commencing at Corner No. 3 of U.S. Survey No. 1761, the true point of beginning, thence south 14 degrees 30 minutes east a distance of 6,519 feet, along the line of U.S. Survey No. 1761 to Corner No. 2 of said U.S. Survey; thence south 45 degrees 00 minutes east a distance of 1,680 feet, along the line of said U.S. Survey to Corner No. 1 of U.S. Survey No. 3802; thence north 39 degrees 00 minutes east a distance of 2,475 feet, along the line of U.S. Survey No. 3802 to Corner No. 2 of said U.S. Survey; thence north 23 degrees 00 minutes east, a distance of 5,526 feet along said U.S. Survey to Corner No. 3 of said U.S. Survey; thence north 85 degrees 44 minutes west a distance of 6,555 feet to Corner No. 3 of U.S. Survey 1761, the true point of beginning, which tract includes a portion of Alaska State Land Survey No. 80-187; all of U.S. Survey No. 3802, which survey overlaps a portion of Alaska State Land Survey No. 80-187; all that portion of U.S. Survey No. 1761 lying southerly and easterly of the southeasterly city limits of Ketchikan, Alaska, which portion overlaps a portion of Alaska State Land Survey No. 80-187;

Except the following area which is included within the corporate boundaries of the city of Saxman and containing portions of U.S. Survey Nos. 1767, 1761, 1698, 1526, 3537 and 1802 and all of U.S. Survey Nos. 1652, 1652A, 920, 1279 and 1666 and described more particularly as follows:

Beginning at the shoreline of Tongass Narrows on the easterly side a distance of 40 chains northwesterly of U.S. Land Monument No. 5 for Corner No. 1; running through a concrete monument on said shoreline north 45 degrees 30 minutes east a distance of 80 chains to Corner No. 2; thence south 44 degrees 24 minutes east a distance of 75.71 chains to Corner No. 3; thence south 45 degrees 36 minutes west a distance of approximately 76 chains to the meander line of Tongass Narrows to Corner No. 4; thence following the meander line of the mean low tide to Corner No. 1, the place of beginning, containing an area approximately one mile square, but not more than 640 acres.

All of the above-described parcels, except the area included within the corporate boundaries of the city of Saxman as such exists on September 7, 1982, together contain an area of 4.2 square miles, more or less, and include the tidelands adjacent to the above-described areas.

A map illustration depicting these boundaries is incorporated in this section; provided, however, that in the event of conflict between the illustration and this legal description, the map illustration shall prevail.

[Ord. No. 1547, §1, 1-18-10; Ord. No. 1342, §2, 3-7-05; Ord. No. 1256, §2, 3-17-03; Ord. No. 1037, §5, 7-7-97; Ord. No. 430, §1, 9-20-82; Ord. No. 418, §1, 7-19-82. Code 1974 §50.51.010.]

14.25.030 Powers.

The borough shall have and may exercise within the South Tongass Service Area all powers necessary to or incidental to providing the following services within the service area:

(a)    Fire protection;

(b)    Construction, maintenance, operation, and regulation of a water supply, treatment, and distribution system, including hydrants;

(c)    Emergency medical services. [Ord. No. 1295, §1, 2-17-04; Ord. No. 1256, §2, 3-17-03; Ord. No. 1037, §6, 7-7-97; Ord. No. 418, §1, 7-19-82. Code 1974 §50.51.015.]

14.25.040 Management and operation.

As provided in Chapter 14.10 KGBC, an appointed board of directors composed of seven members shall make recommendations concerning budgets and services in the South Tongass Service Area, subject to KGBC 14.10.130. [Ord. No. 1766A, §6, 9-21-15; Ord. No. 1256, §2, 3-17-03; Ord. No. 1037, §7, 7-7-97; Ord. No. 566, §1, 5-5-86; Ord. No. 418, §1, 7-19-82. Code 1974 §50.51.020.]

14.25.050 Accounting procedures.

All accounting, billing and collection of taxes or charges shall be performed by the borough. The fire department functions, emergency medical services department functions, and the water service functions shall be budgeted and accounted for separately. [Ord. No. 1295, §1, 2-17-04; Ord. No. 1256, §2, 3-17-03; Ord. No. 418, §1, 7-19-82. Code 1974 §50.51.025.]

14.25.060 Fees and charges.

(a)    Fees and charges for fire and water services shall be set through such combination of: (1) fees for services as provided in this chapter; and (2) service area mill levies set by resolution of the assembly and collected in accordance with Chapters 4.45 through 4.55 KGBC.

(b)    Fees and charges for emergency medical services shall be set through such combination of: (1) fees for services as provided in this chapter; and (2) service area mill levies set by resolution of the assembly; and (3) sales tax of up to one percent, as determined by the assembly, and collected in accordance with Chapters 4.45 through 4.55 KGBC.

(c)    Fees and charges for water service shall be as follows:

(1) Residential.8

 

a. Rate per month per dwelling unit

$46.20

(2) Commercial.4, 10

 

a. Base rate per month per unit9

$30.80

b. Rate per 1,000 gallons

$3.30

c. Low water surcharge5 per 1,000 gallons used over 10,000 gallons

$25.30

d. Sprinkler System Fees.7

 

1. Base rate per month

$39.60

2. Per student/occupant per month

$2.20

3. Per employee per month

$2.20

4. Water Line Size.

 

i. One inch per month

$26.40

ii. One and one-quarter inch per month

$79.20

iii. One and one-half inch per month

$150.70

iv. Two inches per month

$272.80

v. Two and one-half inches per month

$422.40

vi. Three inches per month

$640.20

vii. Four inches per month

$1,086.80

viii. Six inches per month

$1,949.20

ix. Eight inches per month

$2,160.40

(3) Water Service Connection.

 

a. Initial Connection.1

 

1. Residential

$250

2. Commercial

$1,000

b. Disconnection

$1502

c. Reconnection

$1502

d. After hours call out

$753

e. Hydrant Use.6

 

1. Hook-up fee

$25

2. Rate per 1,000 gallons

$2.50

1.    This fee shall be effective for all connections after July 1, 2009.

2.    This fee is only used when accounts are delinquent.

3.    This fee is used when public works personnel are called out after working hours for a problem that is on the homeowner’s property.

4.    Commercial is defined as structure or use, other than a one-, two-, or three-family residential use, which is receiving water service from a permitted connection.

5.    Low water surcharge is defined as that time period when a notice to users is published in accordance with KGBC 1.10.020, that a shortage of water is imminent or existing and that conservation measures are necessary.

6.    Other than use associated with fire suppression. Subject to approval by KGB and connection during working hours. Entity requesting use of hydrant shall provide a water meter for metering use.

7.    Fire suppression in conjunction with an installed sprinkler system.

8.    The residential rate shall be for each dwelling unit regardless of zone, except that multiple-family dwellings, as defined by KGBC 18.05.050(h), may receive service at the commercial rate as provided herein.

9.    Units for boarding houses, dormitories, hotels and other similar uses shall be calculated at a rate of one unit per four beds, with a minimum monthly charge of one unit fee.

10.    The calculation of units in a given development shall be based on separate uses within a structure or property as determined by the public works director. Property owners may appeal this determination to the borough manager or designee following the procedures in Chapter 2.115 KGBC by filing a notice of appeal with the borough manager’s office within 30 days of the date of the billing reflecting the disputed fee determination.

(d)    Resale of water or commercial use of the water outside the service area is prohibited.

(e)    Fire/EMS fees shall be as follows:

 

Responsible Party*

Fees

(1) Fire Prevention.

 

 

 

a. Careless regard for open burning (reference IFC Section 307).

BO

$50

b. Careless regard for open flames (reference IFC Section 308).

RP

$50

c. Careless smoking materials (reference IFC Section 310).

RP

$50

d. Failure to control or report a dangerous fire (reference AS 11.46.450).

RP

$100

e. Nuisance alarms, included are automatic alarms (more than three (3) false alarms per month).

BO

$500

(2) Rescue.

 

 

 

a. Vehicle accidents where alcohol or drugs were a factor (reference AS 28.35.030). Fire department response.

OMV

$1,000

b. Ambulance response (may be billed to insurance).

PT

BLS (emergent or nonemergent)**

$600

 

 

ALS1

$700

 

 

ALS2

$966

 

 

Mileage

$12/loaded mile

(3) Fires.

 

 

 

a. Out of control burning requiring fire engine response (reference IFC Section 307).

PO

$100

b. Out of control burning requiring fire department response (reference IFC Section 307).

PO

$500

c. First degree arson (reference AS 11.46.400(a)).

CP

$5,000

d. Second degree arson (reference AS 11.46.410(a)).

CP

$1,000

(4) Miscellaneous.

 

 

 

a. Control burn with fire department standby (no charge on training burns).

PO

$500

*

BO = Business Owner

 

CP = Convicted Person(s)

 

OMV = Operator of Motor Vehicle

 

PO = Property Owner

 

PT = Patient Upon Transport

 

RP = Responsible Party

 

BLS = Basic Life Support (emergency or nonemergency)

 

ALS1 = Advanced Life Support, Level 1

 

ALS2 = Advanced Life Support, Level 2

**

Not to exceed two (2) times the BLS rate per immediate family per incident per ambulance.

[Ord. No. 1828A, §2, 4-17-17; Ord. No. 1827, §15, 4-3-17; Ord. No. 1753SA, §1, 6-1-15; Ord. No. 1721, §1, 6-2-14; Ord. No. 1707, §1, 3-3-14; Ord. No. 1555A, §1, 4-5-10, effective retroactively to 9-1-08; Ord. No. 1516, §1, 6-15-09; Ord. No. 1402, §2, 8-21-06; Ord. No. 1351, §§1, 2, 5-2-05; Ord. No. 1312, §1, 6-7-04; Ord. No. 1295, §1, 2-17-04; Ord. No. 1282, §1, 9-2-03; Ord. No. 1256, §2, 3-17-03; Ord. No. 1037, §8, 7-7-97; Ord. No. 809, §1, 5-20-91. Code 1974 §50.51.030.]

14.25.070 Delinquency charges.

(a)    In the event any fees or charges are not paid within 25 days after the date of billing such fees and charges shall be delinquent. Upon such fees or charges becoming delinquent there shall be added thereto a penalty of five percent of the amount of such fees or charges, and in addition thereto, interest at the rate of one percent per month shall accrue and be charged on the whole of the unpaid amount of such fees and charges, not including penalty, from the date of delinquency until paid in full.

(b)    The owner of the property shall be personally liable for the amount of any user fees, charges, penalties and interest, which are assessed, levied or charged.

(c)    Notwithstanding other provisions of this section, delinquent accounts may be collected through any lawful means. The cost of collection, as defined in KGBC 1.10.020, of such accounts shall be added to the amount owed. [Ord. No. 1737, §9, 9-2-14; Ord. No. 1312, §2, 6-7-04. Code 1974 §50.51.035.]

14.25.080 Water provisions adopted.

Chapter 13.05 KGBC is incorporated by reference and made applicable to and within the South Tongass Service Area. [Ord. No. 1256, §2, 3-17-03. Code 1974 §50.51.045.]

14.25.090 Safety provisions.

(a)    Key Boxes.

(1)    Where access to or within a structure or an area is restricted because of secured openings or when immediate access is necessary for life-saving or firefighting purposes, the fire chief is authorized to require a key box to be installed in an accessible location. The key box shall be of an approved type and shall contain keys to gain access as required by the fire chief. The owner or operator of the structure or the area shall install a key box within six months of receiving written notification from the fire chief that a key box is required for the structure or area.

(2)    An approved lock shall be installed on gates or similar barriers where required by the fire chief.

(3)    The operator of a building shall immediately notify the fire chief and provide the new key when a lock is changed or rekeyed. The key to such lock shall be secured in the key box.

(Reference IFC Section 506.)

(b)    Exemptions. A private residence or individual residence is exempt from the provisions above. [Ord. No. 1336, §1, 1-17-05. Code 1974 §50.51.055.]

14.25.100 Water connection required.

(a)    New Construction.

(1)    All dwellings and commercial buildings within the South Tongass Service Area and within the area of service provided by the regional potable water system and water treatment plant located at Mountain Point which are constructed after July 1, 2014, shall connect to the regional system upon new construction.

(2)    If a water service valve, curb stop, or saddle is required where none had been planned or constructed, it shall be properly installed at the property owner’s expense.

(b)    A dwelling or commercial building shall be considered within the area of service of the regional potable water system if it is a new structure located within 300 feet of a water main measured via the shortest route within an utility easement or right-of-way.

(c)    The owner of a dwelling or commercial building which is required to connect under subsection (a) of this section may apply for a variance to remain unconnected by filing an application with the public works director under KGBC 2.115.050 containing such information as the owner believes justifies the variance. A written application shall be reviewed by the manager or designee following the procedures in Chapter 2.115 KGBC, and shall be granted, either with or without conditions, if the manager or designee finds that, when compared to other properties in the surrounding area, the connection would subject the property to a greater hardship or burden due to factors not caused by the person seeking the variance, which factors may include but are not limited to: topography; subsurface conditions; and surface drainages.

(d)    Charges for water service shall commence to accrue the month next following the month during which connection is required to the water system. [Ord. No. 1694SA, §1, 3-17-14.]

14.25.110 Service area fees and charges lien.

(a)    The fees and charges imposed under KGBC 14.25.060, including any delinquency fees, interest, penalties and collection charges under KGBC 14.25.070, shall constitute a lien in favor of the borough upon the real property for which the fee was imposed.

(b)    The lien imposed by this section arises and attaches at such time as payment becomes delinquent under KGBC 14.25.070 and continues until the entire amount is satisfied.

(c)    If fees and charges are not paid prior to delinquency under KGBC 14.25.070, a notice of lien may be recorded in the office of the district recorder.

Upon recordation, 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;

(3)    Liens that, under State law, are prior, paramount, and superior to all other liens; and

(4)    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.

(d)    An action to foreclose a lien created by this section shall be commenced and pursued in the manner provided for the foreclosure of liens in AS 09.45.170 through 09.45.220.

(e)    The remedy provided in this section is not exclusive and shall be in addition to all other remedies available to the borough to collect the sales taxes, penalties, and interest due under this chapter.

(f)    Fees for the administrative costs of filing on notices of liens and releasing of liens shall be:

(1)    Filing of notices of lien: $25, plus recorder’s office filing fee.

(2)    Release of liens: $25, plus recorder’s office filing fee. [Ord. No. 1837, §8, 8-21-17.]