§ 15.20.130. Penalties and remedies.

A.

In addition to other legal action and remedies provided in this chapter and other related provisions of the Anchorage Municipal Code, the department may seek any or all of the following remedies:

1.

Enjoin or abate a violation of this chapter.

2.

Recover the costs of abatement.

3.

Recover damages suffered because of the violation.

4.

Recover a fine as set forth in section 14.60.030, or if no fine is set forth in section 14.60.030, a fine of not less than $100.00 for each day in violation, including for days in which the public nuisance continues or is not fully abated after an enforcement order is issued.

5.

Assess up to double the amount of fine, penalty, costs and damages for a second or subsequent offense committed within one year of service of an enforcement order, even if the offense occurs on a different property parcel. For purposes of this subsection a second or subsequent offense must be categorized the same as the original offense, as identified in subsection 15.20.020B.

6.

Recover a civil penalty not exceeding $2,000.00 for each violation.

B.

The department shall keep an account of the cost, including incidental expenses, incurred by the municipality in the abatement of any violation of this section. A bill for collection shall be forwarded to the violator specifying the nature and costs of the work performed. For purposes of this section, the term "incidental expenses" shall include but not be limited to the actual expenses and costs to the municipality in the preparation of the notices, specifications, contracts, work inspection, and interest from date of completion at the rate prescribed by law for delinquent real property taxes.

C.

The remedies provided in this section are not exclusive, but are cumulative of all other remedies available at law or in equity.

D.

A person who lives or owns real property located within 300 feet of a public nuisance may recover money damages from the owner of that property. An action under this subsection may be made only in the small claims court of the state of Alaska and is subject to the jurisdiction and procedures of that court. No action may be brought under this subsection unless the plaintiff first delivers written notice to the municipal manager and the owner of the subject property advising of the violation and that party's intent to bring action under this subsection within 30 days if the violation is not corrected or the municipality has not commenced its own enforcement actions within that time. Upon proof by a preponderance of the evidence that a public nuisance exists or has existed on the property 30 or more days after written notice was given to the owner, the court shall award damages to the plaintiff in a minimum amount of $50.00 for every day that violation exists and in such additional amounts as the plaintiff may prove he or she is entitled.

(AO No. 2003-130, § 7, 10-7-03)