Chapter 14.65
LORING SERVICE AREA

Sections:

14.65.010    Established.

14.65.020    Description.

14.65.030    Powers.

14.65.040    Management and operation.

14.65.050    Accounting procedures.

14.65.060    Fees and charges.

14.65.070    Service area fees and charges lien.

14.65.010 Established.

There is hereby established the Loring Service Area of the borough. [Ord. No. 1381, §2, 2-6-06. Code 1974 §50.141.005.]

14.65.020 Description.

The Loring Service Area shall consist of the following described area:

All of the real property located within the Ketchikan Gateway Borough, Ketchikan Recording District, First Judicial District, State of Alaska, described as follows:

All and the entire: U.S. Survey 2098 according to the plat accepted by the Department of the Interior General Land Office, Washington, D.C., on February 13, 1934;

All and the entire: U.S. Survey 2109 according to the plat accepted by the Department of the Interior General Land Office, Washington, D.C., on February 17, 1934; and

U.S. Survey 4569 accepted by the United States Department of the Interior, Bureau of Land Management, in Washington D.C., on February 15, 1965.

Also included in the service area is ATS 287 and all tidelands of Naha Bay one thousand (1,000) feet from the meander line between the eastern edge of ATS 287 and the western point of U.S. Survey 4569, Lot 3, and any encroachments and/or improvements on the tidelands of Naha Bay adjoining the referenced properties in the service area.

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. 1410, §1, 10-16-06; Ord. No. 1381, §2, 2-6-06. Code 1974 §50.141.010.]

14.65.030 Powers.

The Loring Service Area shall have and may exercise within the Loring Service Area all of the powers necessary or incidental to the providing of the following services within said service area:

Construction, operation, and maintenance of dock facilities. [Ord. No. 1381, §2, 2-6-06. Code 1974 §50.141.015.]

14.65.040 Management and operation.

As provided in Chapter 14.10 KGBC, an appointed board of directors composed of at least three and not more than five members shall supervise the furnishing of services with the Loring Service Area subject to the paramount authority of the borough assembly. [Ord. No. 1381, §2, 2-6-06. Code 1974 §50.141.020.]

14.65.050 Accounting procedures.

All accounting, billing and collection of taxes, fees or charges shall be performed by the borough. [Ord. No. 1381, §2, 2-6-06. Code 1974 §50.141.025.]

14.65.060 Fees and charges.

(a)    Fees and charges for the Loring Service Area shall be set through such combination of fees for services as provided in this chapter and service area mill levies set by resolution of the borough assembly. All service area fees, charges and taxes shall be billed and collected by the borough finance department following the normal procedures for billing and collection.

(b)    An annual service fee of $200 per parcel is hereby imposed within the Loring Service Area. The record owner of the parcel as shown on the records of the borough assessor is personally responsible and liable for the payment of the fee.

(c)    If the records of the borough assessor show more than one parcel within the service area in common ownership, the second parcel within the service area owned by that record owner shall be exempt from the fee set in subsection (b) of this section. However, the fee shall still apply to the third and subsequent parcels within the service area that are in common ownership.

(d)    The fee provided in this section shall be paid by October 1st of the billing year. Delinquent fees shall be subject to 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 fee amount, not including penalty, from the date of delinquency until paid in full.

(e)    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. 1775, §1, 11-2-15; Ord. No. 1381, §2, 2-6-06. Code 1974 §50.141.030.]

14.65.070 Service area fees and charges lien.

(a)    The fees and charges imposed under KGBC 14.65.060, 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 14.65.060 and continues until the entire amount is satisfied.

(c)    If fees and charges are not paid prior to delinquency under KGBC 14.65.060, 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, §12, 8-21-17.]