11 AAC 91.050 - Enforcement

(a) The director may make inspections and take action as required to enforce the provisions of this chapter.

(b) Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the director has reasonable cause to believe that there exists in any building or upon any premises any condition which makes the building or premises in violation of any provision of this chapter, the director or his authorized representative may enter the building or premises at all reasonable times to inspect it. However, no inspection for which a warrant would be required under the Constitution of the State of Alaska or of the United States may be conducted under this section unless the director first obtains an administrative inspection warrant authorizing that inspection. The director shall apply to the trial courts of the State of Alaska for inspection warrants.

(c) Any violation of zoning requirements and restrictions that are adopted under this chapter will be cause for administrative remedies, including cancellation of affected state leases, contracts, permits, or other authorizations, and for civil relief, in the form of suit for abatement of the violation and for waste, injury, or trespass to state land or interests in it.

(d) Any person aggrieved by a violation or apparent violation of this chapter may file a written complaint with the director, who shall, within 60 days, make a preliminary investigation of the complaint and render a written response to the complainant and to the alleged offender, describing the actions, if any, that the state intends to take.

(e) Any person aggrieved by a violation or apparent violation of this chapter may institute or cause to be instituted any appropriate civil action to prevent, enjoin, abate, remove or punish the violation or to obtain monetary damages suffered by that person.

Notes

11 AAC 91.050

Eff. 5/4/78, Register 66

Authority:AS 38.05.020

AS 38.05.037

AS 38.08.080

AS 38.08.110