The office of administrative hearings officer is hereby created. Administrative hearings officers shall consider and apply regulatory enactments and policies pertaining to the matters set forth in other sections of this title. Administrative hearings officers shall be appointed to renewable two-year terms by the mayor and confirmed by the assembly. Administrative hearing officers may be removed prior to expiration of the officer's term without cause either by the mayor and a majority of the assembly or by eight members of the assembly.
(AO No. 93-167(S-1), § 1, 4-13-1994; AO No. 94-25, § 1, 4-13-1994; AO No. 2022-78, § 3, 7-12-2022)
A. 
Administrative hearings officers shall have jurisdiction over all matters:
1. 
Submitted to the officer on a charging document, signed by a code enforcement officer in accordance with the procedures set forth in this title, which alleges a violation of this Code or regulations for which the civil penalty is included on the fine schedule set forth in section 14.60.030 or AMCR Section R14.10.020; or
2. 
Matters for which an administrative adjudication is authorized under the Anchorage Municipal Code which are referred for an administrative adjudication under the procedures set forth in chapter 3.60. When conducting hearings on matters referred for hearing pursuant to chapter 3.60, the procedures in this title do not apply.
3. 
Matters referred by the assembly. When conducting hearings on matters referred by the assembly, the procedures in this title apply only if the referral by the assembly, or the applicable code authorizing the referral, does not otherwise address the hearing procedure.
B. 
The administrative hearings officer may assess civil penalties and costs assessable pursuant to section 14.50.030, but may not assess attorney's fees, and make other orders in connection with violations within his jurisdiction pursuant to subsection A of this section.
C. 
The jurisdiction of administrative hearings officers to hear and decide matters alleging violations of offenses included in the fine schedule shall not be exclusive, but shall be concurrent with that of the state courts.
D. 
The administrative hearings officers may make specific orders concerning compliance, and may impose costs for failure to comply, but may not grant injunctive relief or revoke or suspend a valuable license except as provided in AMC Section 16.60.360.
(AO No. 93-167(S-1), § 1, 4-13-1994; AO No. 95-180, § 8, 9-26-1995; AO No. 99-91(S), § 3, 7-13-1999; AO No. 2015-91, § 4, 8-25-2015)
A. 
The municipality may institute appropriate legal action, in law or equity, in any court of competent jurisdiction to enforce any order or decision of the administrative hearings officer, including but not limited to an action to obtain judgment for any civil penalty imposed by a decision of the administrative hearings officer and any assessment of costs imposed pursuant to section 14.50.030.
B. 
Enforcement of this Code and response to violations through the administrative hearing process shall be cumulative with any other remedies provided under this Code. Failure to pursue administrative enforcement does not waive any other authorized enforcement method. Pursuit of administrative enforcement does not preclude other legal remedies, including injunctive proceedings where available, in any court of competent jurisdiction.
C. 
The municipality may also serve and file with the court a motion requesting entry of judgment by the court. That motion shall be accompanied by a supporting affidavit based on personal knowledge which establishes defendants' failure to comply with an order or decision under section 14.30.110, that such order has not been stayed, and that defendants have been notified of their right to respond to the motion. No later than 20 days after service of the motion, defendants shall file with the court an answering affidavit. If the answering affidavit states that the order or decision under section 14.30.110 has been obeyed or otherwise offers a defense to the action, the court shall set a hearing to hear and decide the matter. If defendants fail to file an answering affidavit in conformity with this subsection, the court without hearing shall enter judgment against defendants for the relief sought. The judgment shall include the amount of civil fines and costs payable under the court's order.
(AO No. 93-167(S-1), § 1, 4-13-1994)
A. 
An administrative hearings officer may not hear a case in which the officer has a conflict of interest.
B. 
An administrative hearings officer will be deemed to have a conflict of interest concerning a proceeding if:
1. 
The officer or a member of the officer's immediate family has a measurable financial interest in any property affected by the proceeding;
2. 
The officer or a member of the officer's immediate family could foreseeably profit in any material way through resolution of the matters before such officer; or
3. 
The officer would be faced with a violation of the code of ethics of the municipality by adjudicating in the proceeding.
(AO No. 93-167(S-1), § 1, 4-13-1994)
A. 
Administrative hearings officers while acting in their quasi-judicial capacity shall be impartial in all matters both in fact and in appearance. The officer shall not receive or otherwise engage in ex parte communications concerning the matter with the code enforcement officer, alleged violator or other parties adversely affected by the matter either before the hearing or during a period of time the matter is subject to reconsideration. This section shall not be deemed to prevent the administrative hearing officer from discussing matters relating to the matter with the officer's staff or to prohibit communications between the municipal staff and such persons where staff members are themselves not parties to the matter.
B. 
In the event of unsolicited ex parte communication the administrative hearing officer shall disclose the fact of such communication on the record or prior to the officer's decision and shall not consider any information contained in that communication.
(AO No. 93-167(S-1), § 1, 4-13-1994)