Chapter 14.30
MUD BIGHT SERVICE AREA

Sections:

14.30.010    Established.

14.30.020    Description.

14.30.030    Powers.

14.30.040    Management and operation.

14.30.050    Accounting procedures.

14.30.060    Fees and charges imposed.

14.30.070    Service area fees and charges lien.

14.30.010 Established.

There is hereby established the Mud Bight Service Area of the borough. [Ord. No. 518, §1, 10-15-84. Code 1974 §50.61.005.]

14.30.020 Description.

The Mud Bight Service Area shall consist of the following described area:

All of that portion of U.S. Survey 3769, Lot 2, encompassing with Alaska State Land Survey 79-243, the Mud Bight Alaska Subdivision according to Plat No. 80-35 as filed in the Ketchikan Recording District, First Judicial District, State of Alaska.

An 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 legal description shall prevail.

[Ord. No. 1342, §3, 3-7-05; Ord. No. 518, §1, 10-15-84. Code 1974 §50.61.010.]

14.30.030 Powers.

The Mud Bight Service Area has all of the powers necessary or incidental to the providing of the following services within said service area:

(a)    Construction, maintenance and operation of roads.

(b)    Construction, maintenance and operation of a water treatment and distribution system. [Ord. No. 1090, §11, 5-3-99; Ord. No. 518, §1, 10-15-84. Code 1974 §50.61.015.]

14.30.040 Management and operation.

As provided in Chapter 14.10 KGBC, an appointed board of directors, composed of five members, shall make recommendations concerning budgets and services in the Mud Bight Service Area, subject to KGBC 14.10.130. [Ord. No. 1766A, §7, 9-21-15; Ord. No. 789, §1, 1-21-91; Ord. No. 518, §1, 10-15-84. Code 1974 §50.61.020.]

14.30.050 Accounting procedures.

All accounting, billing and collection of taxes or charges shall be performed by the borough. [Ord. No. 518, §1, 10-15-84. Code 1974 §50.61.025.]

14.30.060 Fees and charges imposed.

(a)    The following annual service area fee is hereby fixed, levied and imposed within the Mud Bight Service Area: $230 per lot.

(b)    The fee provided in this section shall be billed annually in the manner provided in KGBC 13.05.190. Such billings shall be mailed annually at the same time general borough property tax billings are mailed. In the event such bills are not paid by October 1 of the billing year, such fees shall be delinquent. Upon such fees becoming delinquent, there shall be added thereto a penalty of five percent of the amount of such fee, 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 fee and charges, not including penalty, from the date of delinquency until paid in full.

The owner of the property shall be personally liable for the amount of the fees, penalties and interest provided for in this section. [Ord. No. 1944, §1, 5-17-21; Ord. No. 904, §1, 5-17-93; Ord. No. 807, §1, 5-20-91. Code 1974 §50.61.030.]

14.30.070 Service area fees and charges lien.

(a)    The fees and charges imposed under KGBC 14.30.060, including any delinquency fees, interest, penalties and collection charges, 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 14.30.060 and continues until the entire amount is satisfied.

(c)    If fees and charges are not paid prior to delinquency under KGBC 14.30.060(b), 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, §9, 8-21-17.]