§ 17.10.180. Temporary use of borough land.

A.

A person who wishes to use borough land for a temporary use shall apply for a nonrenewable permit on a form provided by the land management division and accompanied by the appropriate application fee in the amount listed in the most current Kenai Peninsula Borough Schedule of Rates, Charges and Fees. KPB 17.10.120(F) shall apply.

B.

A temporary use permit is nontransferable and is valid for a period no greater than five years from the date of issue.

C.

At the time the permit is issued, the applicant shall pay the borough the permit fee in the amount listed in the most current Kenai Peninsula Borough Schedule of Rates, Charges and Fees.

D.

If the mayor or designee determines a temporary use may cause damage to the borough land or expose the borough to liability arising from the proposed activity, then the mayor or designee may deny the application and return the application fee to the applicant; or the mayor or designee may require the applicant to provide liability insurance or post a bond in an amount and form acceptable to the borough in advance to insure that the applicant restores the land to reasonably the same condition it was in at the time the permit was executed. The bond amount shall be not less than one hundred dollars ($100). The bond shall not be released until the user has complied with all conditions of the permit upon termination or cancellation of the permit. If the mayor or designee determines the proposed temporary use to be in conflict with other use or classification of the land or adjoining land, then the mayor or designee may deny the application and return the application fee to the applicant.

E.

The borough land may be inspected at any time to insure compliance with conditions of the permit. The mayor or designee may, for cause and without notice to the permittee, immediately revoke a temporary use permit. The permittee whose temporary use permit has been revoked shall, within the time specified in the permit and if no time is specified within 30 days of the revocation of the permit, remove from the borough land all improvements or chattels placed on the borough land pursuant to the temporary use. Any improvements or chattels remaining on the land after 30 days of revocation become the property of the borough and may be disposed of as surplus property in accordance with KPB Chapter 5 or by other authorized means at the expense of the permittee.

F.

The mayor or designee may reissue a permit if the permittee has complied with the provisions of this section and the terms of the prior permit.

G.

A temporary use permit does not create an interest in the title to the land.

(Ord. No. 2011-32, § 20, 9-20-11; Ord. No. 2009-38, § 4, 8-4-09; Ord. No. 2009-34, §§ 1, 2, 8-18-09; Ord. No. 92-57, § 1(part), 1993)