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- Alaska Statutes.
- Title 29. Municipal Government
- Chapter 35. Municipal Powers and Duties
- Section 125. Fees For Police Protection Services.
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Section 130. Emergency Services Communications Centers.
AS 29.35.125. Fees For Police Protection Services.
- (a) A municipality may by ordinance impose a fee on the owner of residential property, including multi-family housing, if
a member of the municipal police department goes to the property an excessive number of times during a calendar year in
response to a call for assistance, a complaint, an emergency, or a potential emergency. The number of responses
considered to be excessive and the amount of the fee shall be set out in the ordinance that establishes the fee. The
fee may not exceed the actual cost to the municipality for the excessive responses. A fee may not be imposed under this
subsection for responses to calls that involve potential child neglect, potential domestic violence, as defined in AS
18.66.990
, or potential stalking under AS 11.41.260 or 11.41.270.
- (b) An ordinance enacted under this section shall require actual notice to the property owner of police contacts and a
warning that failure to take appropriate corrective action may result in the imposition of a fee. The ordinance must
also define "appropriate corrective action" to include written notice to quit under AS 09.45.100
- 09.45.110 in appropriate situations as well as
other types of corrective action, and provide that the property owner is not liable for the fee if that action is
promptly taken.
- (c) A municipality may provide that a fee imposed under (a) of this section is a lien on the property to which the
municipal police have been called an excessive number of times and may provide for the recording and notice of the
lien. When recorded, a lien under this subsection 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 subsection; and
- (3) 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 subsection.
- (d) This section applies to home rule and general law municipalities.
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