SCS CSHB 135(JUD): "An Act relating to municipal fees for certain police protection services and to a tenant's activities that result in the imposition of those fees."

00 SENATE CS FOR CS FOR HOUSE BILL NO. 135(JUD) 01 "An Act relating to municipal fees for certain police protection services and to a tenant's 02 activities that result in the imposition of those fees." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 29.10.200 is amended by adding a new paragraph to read: 05 (62) AS 29.35.125 (fees for police protection services). 06 * Sec. 2. AS 29.35 is amended by adding a new section to read: 07 Sec. 29.35.125. Fees for police protection services. (a) A municipality may 08 by ordinance impose a fee on the owner of residential property, including multi-family 09 housing, if a member of the municipal police department goes to the property an 10 excessive number of times during a calendar year in response to a call for assistance, a 11 complaint, an emergency, or a potential emergency. The number of responses 12 considered to be excessive and the amount of the fee shall be set out in the ordinance 13 that establishes the fee. The fee may not exceed the actual cost to the municipality for 14 the excessive responses. A fee may not be imposed under this subsection for

01 responses to calls that involve potential child neglect, potential domestic violence, as 02 defined in AS 18.66.990, or potential stalking under AS 11.41.260 or 11.41.270. 03 (b) An ordinance enacted under this section shall require actual notice to the 04 property owner of police contacts and a warning that failure to take appropriate 05 corrective action may result in the imposition of a fee. The ordinance must also define 06 "appropriate corrective action" to include written notice to quit under AS 09.45.100 - 07 09.45.110 in appropriate situations as well as other types of corrective action, and 08 provide that the property owner is not liable for the fee if that action is promptly taken. 09 (c) A municipality may provide that a fee imposed under (a) of this section is 10 a lien on the property to which the municipal police have been called an excessive 11 number of times and may provide for the recording and notice of the lien. When 12 recorded, a lien under this subsection has priority over all other liens except 13 (1) liens for property taxes, special assessments, and sales and use 14 taxes; 15 (2) liens that were perfected before the recording of the lien under this 16 subsection; and 17 (3) mechanics' and materialmen's liens for which claims of lien under 18 AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded 19 before the recording of the lien under this subsection. 20 (d) This section applies to home rule and general law municipalities. 21 * Sec. 3. AS 34.03.120(a) is amended to read: 22 (a) The tenant 23 (1) shall keep that part of the premises occupied and used by the tenant 24 as clean and safe as the condition of the premises permit; 25 (2) shall dispose all ashes, rubbish, garbage, and other waste from the 26 dwelling unit in a clean and safe manner; 27 (3) shall keep all plumbing fixtures in the dwelling unit or used by the 28 tenant as clean as their condition permits; 29 (4) shall use in a reasonable manner all electrical, plumbing, sanitary, 30 heating, ventilating, air-conditioning, kitchen, and other facilities and appliances 31 including elevators in the premises;

01 (5) may not deliberately or negligently destroy, deface, damage, 02 impair, or remove a part of the premises or knowingly permit any person to do so; 03 (6) may not unreasonably disturb, or permit others on the premises 04 with the tenant's consent to unreasonably disturb, a neighbor's peaceful enjoyment of 05 the premises; 06 (7) shall maintain smoke detection devices as required under 07 AS 18.70.095; [AND] 08 (8) may not, except in an emergency when the landlord cannot be 09 contacted after reasonable effort to do so, change the locks on doors of the premises 10 without first securing the written agreement of the landlord and, immediately after 11 changing the locks, providing the landlord a set of keys to all doors for which locks 12 have been changed; in an emergency, the tenant may change the locks and shall, 13 within five days, provide the landlord a set of keys to all doors for which locks have 14 been changed and written notice of the change; and 15 (9) may not unreasonably engage in conduct, or permit others on 16 the premises to engage in conduct, that results in the imposition of a fee under a 17 municipal ordinance adopted under AS 29.35.125.