DENALI BOROUGH, ALASKA

ORDINANCE NO. 01-06

 

 

INTRODUCED BY: Mayor John Gonzales

 

AN ORDINANCE AMENDING DENALI BOROUGH CODE OF ORDINANCES, CHAPTER 24, to add SECTION 6, CONCERNING MANAGEMENT OF BOROUGH REAL PROPERTY.

 

BE IT ENACTED by the Assembly of the Denali Borough, Alaska that:

 

Section 1.  Classification.  This ordinance is of a general and permanent nature.

 

Section 2.  Purpose.  The purpose of this ordinance is to amend Chapter 24, to add Section 6 of the Denali Borough Code of Ordinances as follows:

 

Section 6.         Temporary Use of Borough Land.

 

A.        The Administrator has the authority to issue special land use permits for [the exclusive][existing]temporary use of borough lands.  A special land use permit does not convey an interest in the land and may be revoked for cause within 30 days notice.  Unless otherwise agreed to in writing, the land will be restored to its original condition upon expiration or revocation of the permit.  Temporary [E]easements will [not] be [granted]considered [under a special land use permit.]on a case-by-case basis.

 

B.         Public comment shall be sought before the issuing of a special land use permit in those situations where, in the opinion of the Administrator, a hazardous or obnoxious use might significantly affect the surrounding area.  Notice of the proposed action shall be published and a period for public comment shall be provided. 

 

C.        A special land use permit shall not be granted for a term exceeding one year.  Special land use permits are not transferable. [ nor renewable. ]  Upon expiration, a special land use permit may be [re-issued]extended for a term not exceeding one year.

 

D.           If a fee is charged for the issuance of a special land use permit, the fee schedule shall be established by the Denali Borough Assembly.

 

Section 7.         Definitions.

 

Definitions as used in this Chapter:

 

A.        Hazardous Use: A[ use involving danger; perilous; a] risk to human health and well being.


 

B.         Interest: In Property: A right, claim, title, or legal share in that property.  Refers to the bundle of rights, which may be transferred or conveyed separately or in total.  Methods of transfer include deed, lease, or easement.

 

C.        Lease:  Leases are used to dispose of specific interests in real property without transferring ownership of that property, and it is a [A ]contract for exclusive possession of lands or tenements for a determinate period.

 

D.        Obnoxious Use: A use which people may find objectionable, disagreeable, offensive, or displeasing.

 

E.         Public Interest: Something in which the public, the community at large, has some pecuniary interest (having to do with money), or some interest by which their legal rights or liabilities are affected.

 

F.         Temporary Use of Land: An exclusive use of borough land, without conveying an interest in the land, which has a duration for one year or less, involves minimal disturbance to the land, and does not allow permanent structures or improvements.

 

Section 3.        Effective Date.  This ordinance becomes effective upon adoption of the Denali Borough Assembly and signature of the Mayor.

 

DATE INTRODUCED:  May 6, 2001

FIRST READING:  May 6, 2001

PUBLIC HEARING: October 14, 2001

 

PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this 14th day of October, 2001.

 

SIGNATURE ON FILE

Mayor

 

 

 

ATTEST:                                             SIGNATURE ON FILE

       Borough Clerk