Chapter 16.25
ABATEMENT OF DANGEROUS BUILDINGS – RECOVERY OF COST OF REPAIR OR DEMOLITION

Sections:

16.25.010    Account of expense – Filing of report.

16.25.020    Notice of hearing.

16.25.030    Protests and objections.

16.25.040    Hearing of protests.

16.25.050    Personal obligation or special assessment.

16.25.060    Contest.

16.25.070    Authority for installment payment of assessments with interest.

16.25.080    Lien of assessment.

16.25.090    Report to assessor and tax collector – Addition of assessment to tax bill.

16.25.100    Collection of assessment – Penalties for foreclosure.

16.25.110    Repayment of repair and demolition fund.

16.25.010 Account of expense – Filing of report.

The borough manager shall direct an itemized account of the expense incurred by the borough in the repair or demolition of any building done pursuant to the provisions of KGBC 16.45.010(c)(3) be kept. Upon the completion of the work of repair or demolition, the borough manager shall prepare and file with the borough clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to KGBC 16.15.010(c). [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.90.010.]

16.25.020 Notice of hearing.

Upon receipt of said report, the borough clerk shall present it to the borough assembly for consideration. The borough assembly shall fix a time, date and place for hearing said report and any protests or objections thereto. The borough clerk shall cause notice of said hearing to be posted upon the property involved, published in accordance with KGBC 1.10.020, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner’s name and address appears on the last equalized assessment roll of the Ketchikan Gateway Borough, if such so appears, or as known to the borough clerk. Such notice shall be given at least 10 days prior to the date set for the hearing and shall specify the day, hour and place when the borough assembly will hear and pass upon the borough manager’s report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. [Ord. No. 1827, §16, 4-3-17; Ord. No. 1550, §1, 3-15-10. Code 1974 §75.90.020.]

16.25.030 Protests and objections.

Any person interested in or affected by the proposed charge may file written protests or objections with the borough clerk at any time prior to the time set for the hearing on the report of the borough manager. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The borough clerk shall endorse on every such protest or objection the date of receipt. The borough clerk shall present such protests or objections to the borough assembly at the time set for the hearing, and no other protests or objections shall be considered. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.90.030.]

16.25.040 Hearing of protests.

Upon the day and hour fixed for hearing, the borough assembly shall hear and pass upon the report of the borough manager together with any such objections or protests. The borough assembly may make such revision, correction or modification in the report or the charge as it may deem just; and when the borough assembly is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified), together with the charge, shall be confirmed or rejected. The decision of the borough assembly on the report and the charge, and on all protests or objections, shall be final and conclusive. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.90.040.]

16.25.050 Personal obligation or special assessment.

(a)    General. The borough assembly may thereupon order that said charge shall be made a personal obligation of the property owner or assess said charge against the property involved.

(b)    Personal Obligation. If the borough assembly orders that the charge shall be a personal obligation of the property owner, it shall direct the borough attorney to collect the same on behalf of the borough by use of all appropriate legal remedies.

(c)    Special Assessment. If the borough assembly orders that the charge shall be assessed against the property, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien upon the property. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.90.050.]

16.25.060 Contest.

The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be perfected within 30 days after the entry of such judgment. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.90.060.]

16.25.070 Authority for installment payment of assessments with interest.

The borough assembly, in its discretion, may determine that assessments in amounts of $500 or more shall be payable in not to exceed five equal annual installments. The borough assembly’s determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.90.070.]

16.25.080 Lien of assessment.

(a)    Priority. Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall continue until the assessment and all interest due and payable thereon are paid.

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.

(b)    Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of seven and one-half percent per annum from and after said date. [Ord. No. 1837, §14, 8-21-17; Ord. No. 1550, §1, 3-15-10. Code 1974 §75.90.080.]

16.25.090 Report to assessor and tax collector – Addition of assessment to tax bill.

After confirmation of the report, certified copies of the assessment shall be given to the assessor and the tax collector for the borough, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.90.090.]

16.25.100 Collection of assessment – Penalties for foreclosure.

The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the assessment.

If the borough assembly has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary property taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary property taxes. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.90.100.]

16.25.110 Repayment of repair and demolition fund.

All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the finance department, which shall credit the same to the repair and demolition fund. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.90.110.]