§ 14.40.300. Remedies for violations.

A.

Court Action . For any violation of this chapter the borough may bring a civil action in superior court against the violator for any one or more of the following:

1.

To enjoin or abate the violation. Upon application for injunctive relief and a finding that a person is in violation or threatening a violation, the superior court shall enjoin the violation.

2.

To require the restoration of any structure, vegetation, land, water body or other thing upon the land that is destroyed, damaged, altered or removed in such violation.

3.

To recover damages to the borough caused by the violation.

4.

To recover a civil penalty not exceeding $1,000.00 for each violation, pursuant to AS 29.25.070(b) as now enacted or hereinafter amended.

B.

Borough Enforcement Proceeding . For any violation of this chapter, the borough may bring an administrative enforcement proceeding under KPB 14.40.320—14.40.340 against the violator for any one or more of the following:

1.

To correct or abate the violation.

2.

To recover a civil fine not exceeding $500.00 per day for each violation in accord with the fine schedule set forth at KPB 14.40.380.

C.

Cease and desist order .

1.

The RSA director may issue a cease and desist order if the director determines that any person or entity is violating the terms of a RSA permit or KPB chapter 14.40. The order may require that the person or entity immediately cease all activity within the right-of-way, even if previously permitted to conduct work, upon receiving notice of the order. Notice may be given in person, or via telephone, e-mail, or facsimile.

2.

The person or entity may request an informal meeting with the RSA director to attempt to resolve the violation. The RSA director has discretion to engage in an informal review and may require remedial action, modify the terms of a permit, or establish new permit conditions at the informal meeting. Any such changes must be consistent with mandatory conditions pursuant to KPB chapter 14.40 and the original terms and intent of the permit. The cease and desist order will remain in effect until such time as the RSA director withdraws the order.

3.

The RSA director may post a cease and desist order within the affected right-of-way if the person violating KPB chapter 14.40 cannot be ascertained. Removal of a posted notice is subject to the fines set forth in KPB 14.40.380.

4.

The person or entity subject to a cease and desist order is entitled to review of the RSA director's decision before the RSA board under KPB 14.40.130.

D.

Permit revocation .

1.

If the RSA director and permittee do not resolve permit violation(s) informally under KPB 14.40.300(C)(2), or if the violations cannot be resolved informally, the RSA director may revoke any permit issued under KPB chapter 14.40. The RSA director is not required to engage in an informal resolution process before revoking a permit.

2.

A permit may be revoked at the discretion of the RSA director for failure to comply with the terms of the permit or borough code, or for impacts to the exercise of borough duties, access, or public safety. The permittee is entitled to review before the RSA board regarding the revocation subject to KPB 14.40.130.

3.

A permittee who continues with work under a revoked permit is subject to fines as set forth in KPB 14.40.380.

E.

No remedy provided in this section is exclusive, but is cumulative of all other remedies available under this chapter or at law or in equity.

(Ord. No. 2015-22 , § 1, 8-18-15)