§ 21.50.100. Enforcement proceeding.

A.

The borough commences an administrative enforcement proceeding under this chapter by serving an enforcement notice that contains the following:

1.

The names and addresses of all persons to be served with the notice under KPB 21.50.100(B);

2.

A legal description and street address or similar description of each property on which an alleged violations is located;

3.

A citation to each provision of this title that is alleged to have been violated, and a statement of the facts that constitute each alleged violation in sufficient detail to provide the recipient with a reasonable opportunity to respond to the allegations;

4.

A description of the action, if any, that is required to correct or abate the alleged violation, including without limitation any one or more of the following, and the time within which the correction or abatement must occur:

a.

The discontinuation of a use of land, a structure, or a permitted activity;

b.

The abatement or removal of a condition or use of land, a structure, or a vehicle or other personal property;

c.

The discontinuation of activity preparatory to the use or occupancy of land or a structure;

d.

The repair or rehabilitation of a condition or use of land, a structure, or a vehicle or other personal property; and

e.

Obtaining a permit.

5.

The remedies that borough will seek for the alleged violation, including but not limited to the suspension or revocation of a permit issued under this title;

6.

The date, time, and place of the hearing required by KPB 21.50.130, which shall be at least 20 but not more than 30 days from the first service of the enforcement notice;

7.

Notification of the right to respond to the allegations in writing before the date of the hearing and the time within which to do so, and of the right to appear and present evidence at the hearing, and to be represented by legal counsel in the enforcement proceeding; and

8.

The address, telephone, facsimile number and email address for contacting the borough regarding the violation.

B.

The borough shall serve an enforcement notice and response form on each alleged violator, and each record owner of the real property that is the location of the alleged violation according to the records of the borough assessing department. An enforcement notice may be served upon a person by:

1.

Delivery to the person or the person's authorized agent;

2.

Certified mail, return receipt requested, restricted delivery, to the person or the person's authorized agent;

3.

Any other method of delivery where the person acknowledges receipt of the enforcement notice in writing; or

4.

Publication notice as provided in Rule 4(e)(2) of the Alaska Rules of Civil Procedure, but only if reasonable attempts to utilize the methods prescribed by subparagraphs (1) through (3) above are not successful.

C.

Where practical the borough may post a copy of an enforcement notice at the real property that is the location of the alleged violation where it is likely to be observed by one or more violators or the owner of the property. The borough also may post a summary of the enforcement notice at or near the location of the alleged violation where it will inform the public of the enforcement action. The failure to post a notice under this subsection shall have no effect on the enforcement proceeding.

D.

The person who serves or posts an enforcement notice shall file an affidavit in the enforcement proceeding stating the date, time and method of service and the person served, or the date, time and place of posting. Once served the enforcement notice shall be filed with the borough clerk by the end of the next business day.

E.

The issuance of an enforcement notice regarding a violation does not stay or preclude any other action at law or in equity related to the violation.

F.

Removing a posted enforcement notice or violating an enforcement notice is a separate violation of this title.

G.

Continuing work when an enforcement notice includes a stop work order is a separate violation of this chapter.

H.

The borough and a property owner or occupant may enter an enforcement agreement as provided herein. An enforcement agreement between the borough and a property owner or occupant shall constitute an admission and acknowledgement by the property owner or occupant of the alleged code violation. The enforcement agreement shall include an agreement to remedy the violation and pay civil fines as described within the agreement within the timeframe agreed upon. The enforcement agreement shall be submitted for signature of the hearing officer as an enforcement order. The hearing officer shall approve the agreement upon finding it is in compliance with KPB 21.50. It shall have the full force and effect of an enforcement order issued under KPB 21.50.130(G).

1.

A suspended fine may be included in an enforcement agreement between the borough, property owner, occupant or responsible party. An enforcement agreement may be entered requiring a fine of up to the maximum fine allowable for each violation cited in an enforcement notice. The fine for all but the minimum fine required by KPB 21.50.055(A) may be suspended to a date certain to allow time to obtain compliance. All or a portion of the suspended fine may be forgiven by order of the hearing officer commensurate with the compliance obtained with the enforcement order.

(Ord. No. 2016-44 , § 8, 1-17-17; Ord. No. 2015-23 , §§ 3, 4, 8-18-15; Ord. No. 2011-34, § 2, 10-11-11)