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 Anchorage
 Code of Ordinances
 Title 15. ENVIRONMENTAL PROTECTION
 Chapter 15.05. GENERAL PROVISIONS

  § 15.05.070. Emergency orders.  

Latest version.

  • A.

    When the director finds after investigation that a person is causing, engaging in or maintaining a condition or activity which in the judgment of the director presents an imminent or present danger to the health or welfare of the people of the municipality, or would result in or be likely to result in irreversible or irreparable damage to the natural resources or environment, and it appears to be prejudicial to the interests of the people of the municipality to delay action until an opportunity for a hearing can be provided, the director may without prior hearing order that person by notice to discontinue, abate or alleviate such condition or activity. The proscribed condition or activity shall be immediately discontinued, abated or alleviated.

    B.

    Upon receipt of an order of the director made under subsection A of this section, the person affected shall have the right to be heard and to present proof that the condition or activity does not present an imminent or present danger to public health or welfare, or does not constitute an actual or potential source of irreversible or irreparable damage to the natural resources or environment of the municipality, or that the order may constitute a substantial private hardship.

    C.

    In the director's discretion, or upon the written application made by any person aggrieved by an order under subsection A of this section within 20 days following the order, the director shall schedule a hearing to review the legality, appropriateness or wisdom of that decision. The hearing shall occur no later than ten days following service of the application on the director. The submission of an application or the scheduling of a hearing shall not stay the operation of the order made under subsection A of this section.

    D.

    After a hearing the director may affirm, modify or set aside the order. An order affirmed, modified or set aside after hearing is subject to judicial review as provided in section 15.05.110. The order is not stayed pending judicial review unless the director so directs.