§ 21.50.040. Remedies for violations.

A.

For any violation of this title the borough may bring a civil action 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.

B.

For any violation of this title, the borough may bring an administrative enforcement proceeding under this chapter against the violator for any one or more of the following:

1.

To correct or abate the violation.

2.

To recover a civil penalty not exceeding $1,000.00 per day for each violation in accord with the fine schedule set forth at KPB 21.50.055.

3.

To cease and desist a violation set forth in KPB 21.50.030.

C.

Permit Revocation.

1.

A permit may be revoked for failure to comply with the terms of the permit or with applicable provision of Title 21. Staff shall issue an enforcement notice pursuant to KPB 21.50.100 and make a request for a revocation hearing and a written recommendation to the hearing officer by filing the same with the borough clerk. The clerk shall issue notice to the permittee of the revocation hearing at least 20 but not more than 30 days prior to the hearing. The permittee and staff shall file all evidence relevant to the permit revocation with the borough clerk 7 days prior to the hearing. If the noncompliance which lead to the request for revocation is satisfactorily resolved the administrative official may dismiss the revocation proceeding.

2.

Pursuant to the Alaska rules of appellate procedure an appeal from the hearing officer's decision on revocation may be taken to the superior court in Kenai within 30 days of the date of distribution.

D.

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. 2016-44 , § 5, 1-17-17; Ord. No. 2016-03 (Sub.) , § 8, 5-3-16; Ord. No. 2015-23 , § 1, 8-18-15; Ord. No. 2011-34, § 2, 10-11-11)