§ 8.80.020. Fee for excessive police response.

A.

Subject to subsection B., the owner of a property and the tenant of a unit thereon shall jointly pay the Municipality a fee of $500.00 per excessive police response to the dwelling unit or commercial unit during a calendar year.

B.

A person is exempt from liability for the fee established by subsection A. if:

1.

The person is a federal, state, or local government agency;

2.

The property or unit responded to is used exclusively for nonprofit religious, charitable, cemetery, hospital, or educational purposes;

3.

The municipality has not provided notice to the person in writing as provided in Section 8.80.030;

4.

Any person has taken appropriate corrective action and given written notice to police of the action as required by Section 8.80.040; or

5.

The owner or tenant of the commercial property or unit responded to has entered a current written agreement with the Anchorage Police Department to actively participate in a public safety committee of a local community council established under chapter 2.40, or in an approved plan to deal with criminal matters or participate in other public safety activities in the area.

C.

If a property has more than one owner, all owners shall be jointly liable, with the tenant, for any fee imposed under this section. Actual notice to one owner creates a rebuttable presumption of actual notice to all other owners.

D.

For residential property owned as a condominium, a fee based on excessive police responses to a single dwelling unit shall be assessed against the owner of the dwelling unit, jointly with the tenant.

E.

A tenant shall not be liable for the fee if the tenant's conduct did not require the police response and the tenant's right to possession commenced on a date subsequent to the date of the first police response that is counted for purposes of the fee imposed under this chapter.

F.

If the unit requiring excessive police responses is a mobile home located in a mobile home park, the fee may not be imposed on the owner or operator of the mobile home park, unless the owner's or operator's conduct required the excessive police response. The fee may be imposed jointly on the owner and tenant of the mobile home.

G.

If a sergeant or higher ranking official of the police department determines appropriate corrective action was taken with respect to a specific unit, the count of police responses to the unit shall reset to zero, effective the date of the determination. After resetting, all provisions in this chapter referring to a "calendar year" shall mean "remainder of the calendar year beginning from the date previous corrective action was taken."

H.

The fee may be collected in any lawful manner, including bringing an action in court for a personal judgment against any one or more of the persons liable.

I.

An owner or tenant liable for a fee under this chapter may bring an action in court against a person whose conduct required the excessive police response to recover the amount of the fee and related costs. An owner or tenant shall not be granted any extension of time or continuance to pay the fee based on a pending action against a third party.

J.

The Municipality will provide a courtesy notice in writing to the owner or tenant of a commercial property or commercial unit when the total number of police responses exceeds 80 in a calendar year. Notice may be by mail and need not be certified. Failure to provide notice under this subsection shall not prevent the assessment of fees under this chapter.

(AO No. 2009-71(S), § 2, 11-17-09)