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Assembly backs intent to strengthen code on abandoned vehicles; asks legal staff to refine definitions and enforcement
Summary
Assemblymember Johnson's draft ordinance to modify Kodiak Island Borough code KIBC 10.10.010 to increase accountability for abandoned vehicles drew broad Assembly support in principle. Members asked for clearer definitions, enforcement mechanisms and legal drafting help from municipal attorneys before returning with formal language.
Assemblymember Ryan Johnson presented a draft ordinance to modify Kodiak Island Borough code KIBC 10.10.010 on Jan. 30, asking the Assembly to increase accountability for abandoned and junk vehicles on public property and on private property without permission.
Johnson said the draft is aimed at providing borough code enforcement with clearer authority to address abandoned vehicles and related environmental concerns. He told the Assembly the proposal "is kind of a tailored effort to create accountability where accountability is not currently instilled within our code." Public commenters at the meeting had earlier raised similar concerns about abandoned vehicles and environmental impacts.
Assembly discussion focused on definitional clarity, enforcement cost and scope. Several members asked whether the draft’s use of mandatory language — for example, using "shall" instead of "may" when describing removal from private property on written request — could obligate borough staff to undertake expensive removals or create unintended liabilities. Assemblymember Amy (the manager) and other members suggested that the borough needs a clear threshold and limits so staff are not required to remove large numbers of vehicles on private property without funding or owner responsibility.
Members recommended refining the definitions for key phrases such as "junk vehicle," "abandoned vehicle," and the term "other junk," and asked legal staff to draft enforceable language. Assemblymember Dave Johnson and others recommended sending the intent language to the borough attorney for formal code drafting to avoid ambiguous or unenforceable provisions. The Assembly also discussed the existing DMV surcharge that contributes to abandoned vehicle programs and whether current revenues sufficiently fund enforcement.
On enforcement, committee members clarified that the intent was to empower code enforcement staff, not to expand police powers; Johnson said where the draft used "peace officer" the intent was to refer to code enforcement personnel and that municipal legal counsel should advise precise terminology.
The Assembly agreed in principle with the proposal’s goals and directed staff and the borough attorney to refine the ordinance language, tighten definitions and return with proposed code language and an enforcement/cost plan for further consideration.
