“We do need the community to come together to give us those ideas” MSB Assembly, community council begin to address derelict properties

On Tuesday, the Matanuska Susitna Borough (MSB) Assembly held a special meeting with community council members from throughout the Borough to address derelict properties and discuss clean up options. The meeting stems from previous meetings with the MSB Assembly addressing clean ups of both public lands and public right of ways, and private properties.

Along with the MSB Assembly and community councils from Sutton, Tanaina, Glacier View, Fishhook, Meadow Lakes, and others, also in attendance was Alaska State Troopers (AST), Palmer District Attorney’s office, AK Department of Environmental Conservation-Solid Waste Division, and Spar Response, and Todd Smoldon for the Governor’s office.

MSB Manager Mike Brown kicked things off, saying that this was a topic the Borough has wanted to address for quite some time, and the MSB Assembly has been working to create incentives and other programs to address derelict properties and trash, and that this meeting was a good start to the conversation.

“There’s nothing for decision tonight, this is really to solicit feedback, solicit ideas about things we can do as a Borough to help move forward on cleaning up junk vehicles, deal with derelict properties, address community clean up issues, and we thought that if we’re going to have that conversation with somebody, the community councils are the best vehicle.”

MSB Assembly member Dimitri Fonov introduced an amendment during the recent budget cycle for a $50,000 appropriation to create a tow reimbursement program for derelict cars. Brown told the Assembly that over the past few months, there have been ongoing discussions with several local salvage yards to help move the idea forward, and is hopeful that in the near future an agreement can be made.

Brown also noted that within the Borough budget, $100,000 has been marked for private property cleanup, in addition to the $188,000 judgement recently awarded to the MSB after another property owner who had long defied efforts by the MSB to clean his property.

“Staff have created a criteria around that process whereby we can bring that forward. We’re trying to take that on as more of an administrative process because we see this as being a recurring thing.

He mentioned that the Assembly is also waiving landfill fees for residential customers from September 16 through September 30.

“The idea there is to incentivize folks to come in and dispose properly of their refuse.”

Planning Services Manager, Jason Ortiz, who oversees 4 Code Compliance officers for the Borough, provided a staff report detailing the challenges faced by Code Compliance officers when dealing with the problem.

“This meeting is really exciting for us in Code Compliance,” said Ortiz, who explained why the AST was also in attendance.

“A lot of what we deal with in Code Compliance has a lot of overlapping issues with criminality or other issues, and a lot of cases where we see code compliance is where troopers also have similar issues.”

He highlighted that the Code Compliance office has approximately 800 active cases they are currently dealing with, and a large majority does involve junk and trash, though he later elaborated that they do investigate a variety of different non-compliance cases. Ortiz said that of the nearly 800 cases, there are about 15 that he would consider the most egregious, with little to no action or traction

“It’s pretty evenly divided between all the different areas.” He said that his officers are especially busy during the spring up to the late fall, routinely working on Saturdays to keep up.

Ortiz explained the process involved with derelict properties, starting with a report coming into the office, then dispatching an officer to document any violations before attempting to handle the issue before it gets out of hand.

“We also start with education approach. They’re talking to the complainant, explaining what the code violation is, and giving them time to comply within a reasonable time frame.” He added that nothing is set in stone when it comes to working with residents in violation, that sometimes code compliance needs to look at what means complainants have available to come back into compliance.

He said that if his officers are re-dispatched for a follow up and if no effort made, then they will proceed forward with a tougher approach, then begin issuing citations, which often brings in the court system. People have the option to pay the fine or go to trial, risk having their PFD garnished.

“Another tool in our tool bag is an injunction,” Ortiz explained, adding, “an injunction is when our attorneys draft a complaint and file it with Superior Court, asking a judge for a specific action. If it’s a junk and trash issue, we’re asking them to clean it up. Sometimes those are successful, sometimes they aren’t.”

Ortiz said that the Borough has never stepped into private property cleanup before and recognizes that it can be a controversial subject, but that the end goal is to work together with community councils and community members to improve outcomes for derelict areas.

“Really, we do need the community to come together to give us those ideas. What we really want to take away from today’s meeting are some ideas of how we can solve these junk and trash issues, how can we make our community a better place, and how we can make the Mat-Su a better place that we all want to live in and bring people in.”

One solution brought up by Assembly Member Rob Yundt involved Port MacKenzie. He thought junk cars could be staged somewhere on the Port’s vast unused land until being shipped out at a later date.

Patti Fischer from the Meadow Lakes Community Council thanked the assembly for holding a special meeting with the local community councils to address trash.

“I think it should have been happening a long time ago. There are lots of areas in the Borough where there are no cities and community councils, and they are the only voice that the people have. We try to do our best, but it’s great that we have this communication with you.”

Rodney McCambridge of Willow said that one area that needs focus are the property owners who reside out of state, leaving the property vulnerable to squatters. He cited a specific example in his area in which a squatter took over a property, leaving 9 abandoned vehicles and 2 motor homes. The owners live out of state only to come up every few years, but cannot do anything to remove the vehicles because of legalities surrounding titles.

“What we need is a mechanism for that, and to clean up those properties and help those people out.” He also suggested that as the Borough works out the program to remove junk vehicles, perhaps the Borough could utilize a flatbed and forklift to help, especially in outlying areas like Willow, where tow companies are not going to come in out with the price point the Borough would like to offer for removing junk vehicles. It was an idea that Brown said he would like to explore.

Meanwhile, Richard Heller from the Butte Community Council said that the bigger issue that needs to be addressed comes down to legislation.

“It’s a big issue. It’s a state issue…and it has to be legislative. It has to come through legislation,” he said, adding that “Code compliance doesn’t have any teeth. The troopers don’t have any teeth to do stuff.”

He also warned that the salvage yards are reaching capacity and if they aren’t careful, could start leeching into waters, hurting the fish.

“It’s so frustrating. I believe in the Borough. I’ve lived on that Creek (Boden Creek) for 12 years, and the fish are gone. When you were kids, that creek was full.”

Will Hastings from the Tanaina Community Council, told the assembly that they took the marching orders from a previous MSB Assembly meeting and sought out solutions for derelict properties, and that his community council has put together a manual to serve as a starting point.

“We all want the properties cleaned up, but I think what we want more is to know that something’s being done. And that’s what we’ve constructed,” Hastings said. He later presented their plan on how to mitigate the issue. They were later praised by the assembly for their great work.

Rachel San, who is part of the North Lakes Community Council, spoke on behalf of Willowaw Subdivision, which has had many issues with derelict properties and high crime activity, told the Assembly that they have created a non-profit organization in that specific area to help with the health and safety of the children and youth, and that over the course of 3 years have hauled 77tons of trash out of that community, at a cost of about $18,000, all thanks to volunteers.

“It is exhaustive. It puts a huge strain on the non-profits.”

Another meeting specifically addressing derelict properties has been set for October 24.