Chapter 13.20
ADMINISTRATION – ENFORCEMENT – PENALTIES

Sections:

13.20.010    Administration.

13.20.020    Administration enforcement action.

13.20.030    Appeals from borough engineer.

13.20.040    Appeals – Hearing and decision.

13.20.050    Penalties and remedies.

13.20.010 Administration.

A. The borough engineer, or authorized representative, shall be responsible for administration of the provisions of this title.

B. The manager shall review and act upon appeals from decisions of the borough engineer. [Ord. 98-19 §2, 1998; Ord. 84-61-O §10, 1984; Ord. 82-3-O, 1982. Formerly §13.04.010].

13.20.020 Administration enforcement action.

A. In any situation in which the borough engineer, or his authorized representative, has reason to believe that the public health, safety or welfare requires corrective action, he may:

1. Exercise the right to entry for investigative purposes at all reasonable times and upon presentation of proper credentials. If such entry is refused, the borough engineer, or authorized representative, shall have recourse to every remedy provided by law to secure entry;

2. Order any work being done contrary to the provisions of this title to be stopped by serving notice on any persons engaged in doing or causing the work to be done, and any such persons shall forthwith stop such work until authorized in writing to proceed. If the order is issued verbally, a written order shall be issued prior to the conclusion of the next regular workday stating the nature of the work to be stopped; and

3. Order the abatement of any condition affecting the public health, safety, and welfare. If the order is given verbally, a written order shall be issued prior to the conclusion of the next regular workday setting forth the nature of the abatement action and the time allowed for compliance.

B. Upon complaint by a citizen, or upon his own initiative, the borough engineer may, after investigation, initiate criminal proceedings against any person for the violation of this title. Except for prosecution for failing to comply with an order issued under subsection A of this section, the borough engineer shall give at least 10 days’ written notice of intent to prosecute and may initiate criminal proceedings only if the violation is not cured, and if the person who is the subject of the notice fails to seek appropriate administration relief within the notice period. [Ord. 82-3-O, 1982. Formerly §13.04.020].

13.20.030 Appeals from borough engineer.

A. A decision of the borough engineer, or authorized representative, under this title is final unless appealed to the manager within 10 days of the mailing of notice of the decision. An appeal is commenced by filing with the manager a written notice of appeal specifically stating the reason for the appeal and the relief sought.

B. An appeal may be brought by any person aggrieved by the decision appealed or any government agency. [Ord. 98-19 §2, 1998; Ord. 84-61-O §10, 1984; Ord. 82-3-O, 1982. Formerly §13.04.030].

13.20.040 Appeals – Hearing and decision.

A. The manager shall review the record and hear evidence and arguments presented by persons affected in the appeal.

B. The manager shall either affirm or reverse the decision of the borough engineer in whole or in part.

C. The manager’s decision on an appeal shall be mailed to the parties to the appeal within 10 days of the decision and shall state the reasons for the decision in a reasonably specific manner so as to provide a clear and precise understanding of the decision. [Ord. 98-19 §2, 1998; Ord. 84-61-O §10, 1984; Ord. 82-3-O, 1982. Formerly §13.04.040].

13.20.050 Penalties and remedies.

A. A person who violates any provision of this title, or any order issued under KIBC 13.20.020(A), is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $500.00 for each day of violation, in addition to the surcharge required to be imposed under AS 12.55.039.

B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title, or the violation of any order issued under KIBC 13.20.020(A), and to obtain damages for any injury the plaintiff suffered as the result of the violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin the violation. [Ord. 98-26 §7, 1998; Ord. 82-3-O, 1982. Formerly §13.04.050].