The ordinances embraced in the chapters and sections of this title are the Anchorage Environmental Protection Code, and may be so cited.
It is the policy of the municipality to abate air, water, noise and other forms of pollution, to protect public health and to seek for the residents of the municipality a state of well-being in an environment that contributes to positive good health through programs that maintain and improve the quality of the environment.
(AO No. 21-76; AO No. 85-8; AO No. 2016-76(S), § 2, 7-12-2016)
A. "Air contaminant" "Air pollutant" "Air pollution" "Department" "Director" "Emergency" "Motor vehicle" "Person" "Pollution" "Water"
The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
means any dust, fumes, mist, smoke, fly ash, other particulate matter, vapor, gas or odorous substance, or any combination thereof.
means a material in the atmosphere, either from natural or manmade sources, in a concentration that reaches or exceeds a level that tends to have some adverse effect on human health or welfare, have some deleterious effect on animal or plant life or damage materials of economic value to society.
means the presence in the outdoor atmosphere of one or more air pollutants.
means the Anchorage Health Department, or any municipal agency designated by the mayor, which has responsibility for enforcement of this title.
means the director of the department, the director's duly authorized representative or a duly authorized employee of the municipality, which may be an employee outside of the department.
means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage that demands immediate action.
means any vehicle propelled or drawn on land by a motor, such as but not limited to passenger cars, trucks, truck trailers, semitrailers, vans, buses, campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles.
means any individual, association, partnership, corporation or trustee, or any officer, employee, department, agency or instrumentality of the United States, a state or any political subdivision of a state.
means the contamination or altering of waters, land or subsurface land of the municipality in a manner that creates a nuisance or makes waters, land or subsurface land unclean, noxious or impure, or unfit so that they are actually or potentially harmful, detrimental or injurious to public health, safety or welfare, to domestic, commercial, industrial or recreational use, or to livestock, wild animals, birds, fish or other aquatic life.
includes lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets and canals in the territorial limits of the municipality and all other bodies of surface water or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, that are wholly or partially in or bordering the municipality or under the jurisdiction of the municipality.
(GAAB 16.60.010, 16.68.020, 16.70.010, 16.75.010, 16.85.030, 16.90.030, 18.20.010; AO No. 85-8; AO No. 2016-76(S), § 3, 7-12-2016; AO No. 2016-90, § 1, 8-23-2016; AO No. 2018-118, § 2, 1-1-2019)
Pursuant to chapter 3.40, the director may issue municipal regulations setting fee schedules for permits, certificates and inspections required under this title and for other services rendered to the public and other public and private entities by the department. The regulations:
A.
May provide that persons regulated by the department shall pay appropriate inspections fees established to cover the actual costs of inspections;
B.
May provide that persons receiving the benefits of department services and programs pay appropriate service fees set to fully or partially compensate the department for the cost of providing such services or programs; and
C.
May also provide a schedule for fees, including time for payment, calculation of fees, methods for collection of fees and enforcement of fee regulations, including denial or suspension of permits, services or program participation.
(AO No. 256-76; AO No. 86-21)
The director shall have the authority upon presentation of proper credentials to enter and inspect any private property or place and inspect any report or records at any reasonable time when granted permission by the owner or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon a showing of probable cause to believe that a violation of this title may exist. Such inspection may include administration of any necessary tests.
(GAAB 16.60.120, 16.70.080, 16.75.040, 16.90.060)
A.
Except as otherwise provided in section 15.05.070, whenever the director of the department determines that any premises, condition, activity or property fails to meet the requirements set forth in this title or in applicable rules and regulations issued pursuant thereto, the director shall issue a notice setting forth the alleged violations and advise the owner, occupant, operator or agent that such failures must be corrected.
B.
The notice of violation prescribed in subsection A of this section shall be in writing, set forth the alleged violations of this title or of applicable rules and regulations issued pursuant thereto, describe the premises, condition, activity or property where the violations are alleged to exist or to have been committed, specify a specific date for the correction of any violation alleged, and be served upon the owner, occupant, operator or agent of the premises, condition, activity or property in the manner required by section 15.05.100.
C.
At the end of the period of time allowed for the correction of any violation alleged, the premises, condition, activity or property described in the notice shall be reinspected.
1.
If upon reinspection the violations are determined by the director not to have been corrected, the director may assess penalties and initiate legal proceedings for injunctive relief authorized in section 15.05.120F. In addition, the director may refer the matter to the municipal prosecutor as appropriate.
2.
In addition to those remedies provided in subsection C.1 above, if upon reinspection of a rental dwelling, the violations are determined by the director not to have been corrected, and that the building is unfit for human habitation pursuant to section 15.10.180, the director may post a notice to vacate. Pursuant to this section, the owner shall bear the cost of relocation of their tenants to suitable housing.
a.
Within seven calendar days of receiving a notice to vacate, the owner shall pay to the tenant relocation assistance in the amount of two times the tenant's monthly rent in addition to refunding the amount of any deposit and prepaid rent to the full extent required by state law.
b.
For purposes of this subsection, a tenant may only receive and retain relocation assistance once per tenancy per dwelling unit. All tenants holding a valid tenancy at any point after issuance of the initial notice to repair and prior to issuance of the final notice to vacate shall be entitled to relocation assistance.
c.
The owner shall not be required to pay relocation assistance if:
i.
The violations resulting in a notice to vacate are directly caused by a tenant's or third party's illegal conduct without the owner's prior knowledge;
ii.
The violations resulting in the notice to vacate result from damage incurred by a recent natural disaster, such as an earthquake, tsunami, windstorm, or wildfire that the property owner has taken reasonable steps to mitigate the damage; or
iii.
The tenant's displacement is a direct result of the acquisition of the property by eminent domain.
d.
If the owner fails to complete payment of relocation assistance within the period required under this section, the municipality may advance the cost of the relocation assistance to the displaced tenants.
i.
If, after 60 days from the date that the municipality first advanced relocation assistance funds to the displaced tenants, an owner has failed to repay the amount of relocation assistance advanced by the municipality, then the municipality shall assess civil penalties in the amount of $50.00 per day for each tenant to whom the municipality has advanced a relocation assistance payment.
ii.
If the municipality must initiate legal action in order to recover the amount of relocation assistance payment that it has advanced under this section, including penalties under this title, the municipality shall be entitled to attorneys' fees and costs arising from its legal action.
e.
The director shall notify the displaced tenants contemporaneously with a notice to vacate that they may be entitled to relocation assistance under this section.
(CAC 8.10.080; AO No. 2016-90, § 2, 8-23-2016; AO No. 2025-93(S), § 3, 10-21-2025)
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.
In addition to any other provisions of this title or this Code concerning the grounds for suspending, revoking or otherwise restricting a permit, certificate or license issued under this title, the director may, as provided in section 15.05.090, revoke, suspend or otherwise restrict a permit, certificate or license issued under this title upon any of the following grounds:
A.
Any false statement set forth in the application.
B.
Any violation of the express terms or provisions of the permit, certificate or license.
C.
The commission of any act not authorized by the permit, certificate or license or prohibited by that chapter of this title governing issuance of the permit, certificate or license.
D.
Permitting unauthorized persons to commit any act not authorized by the permit, certificate or license or prohibited by that chapter of this title governing the issuance of the permit, certificate or license.
E.
Repeated acts prohibited by law or by the permit, certificate or license for which no prior action was taken by the department.
(CAC 10.56.080; AO No. 86-21)
A.
Except as provided by subsections B and E of this section, no decision to revoke, suspend or otherwise limit or restrict a license, certificate or permit granted under this title shall be effective until the person holding such license, certificate or permit is first given an opportunity to be heard before that decision is made. Administrative hearings under this section shall be conducted by the director or his designee pursuant to chapter 3.60 and pursuant to subsection F of this section.
B.
Except as provided by subsections E and F of this section, the director may, without prior warning, notice or hearing, suspend or otherwise restrict any license, certificate or permit granted under this title if such action is necessary to eliminate an immediate and substantial danger to the public health, safety and welfare. Suspensions or restrictions ordered by the director under this subsection shall be effective immediately upon service of a written notice thereof in the manner provided by section 15.05.100. Within five days following service of a notice of suspension or imposition of restrictions under this section, the respondent shall be given an opportunity to be heard on the legality, appropriateness or wisdom of that action pursuant to chapter 3.60. At the conclusion of the hearing the director may revoke, suspend, restrict or reinstate the license, certificate or permit affected.
C.
Except as provided by subsections E and F of this section, upon written request made by any person aggrieved by an administrative decision to grant, deny or refuse to issue or renew a license, certificate or permit under this title, or any person aggrieved by the issuance of a notice of violation or compliance order from which this title provides an administrative appeal, and served no later than 20 days following the date of that decision, notice or order, the director or his designee shall conduct 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 request on the director and shall be conducted in accordance with chapter 3.60.
D.
Hearings before the director under this section may, at the option of the director, be conducted by an administrative hearing officer designated by the director. If the director elects to refer the matter to an administrative hearing officer, the hearing officer shall conduct the hearing and prepare findings and conclusions. These findings and conclusions must be forwarded to the director for adoption, rejection or modification and issuance of a final order or decision by the director.
E.
This section shall neither apply to nor be construed to supersede any specific provision of this title permitting or requiring other specified administrative hearings to determine the specific rights and privileges of any individual or to review the legality, appropriateness or wisdom of administrative action permitted in this title.
(AO No. 77-172A; AO No. 86-21; AO No. 95-180, § 11, 9-26-1995; AO No. 96-152, § 3, 12-17-1996; AO No. 2016-76(S), § 4, 7-12-2016)
Notices required by this chapter shall be served personally or by certified mail, return receipt requested, addressed to the owner, occupant, operator, agent or registered agent for service or, where applicable in this title, the director. If one or more persons to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon such persons by posting the notice on or about the premises or property described in the notice, or by causing such notice to be published in a newspaper of general circulation once a week for four consecutive weeks.
All appeals of any final adverse decision of the director made pursuant to this title shall be made to the Superior Court, Third Judicial District, no later than 30 days following that decision. Review of the court shall be limited to whether the decision of the director is supported by substantial evidence. A final appealable decision by the director pursuant to this title must indicate that it is a final order and that a party disputing the decision has 30 days to appeal.
(AO No. 95-180, § 12, 9-26-1995)
A.
In addition to any other remedy or penalty provided by this title, any person who violates any provision of this title or any rule, regulation, permit, variance or order issued pursuant to this title shall be subject to a civil penalty as set forth in section 14.60.030, or, if no penalty is included in section 14.60.030, a civil penalty of not less than $50.00 and not more than $2,000.00 for each offense, or injunctive relief to restrain the person from continuing the violation or threat of violation, or both injunctive relief and a civil penalty.
B.
Any person who violates any provision of this title or any rule, regulation or permit issued pursuant to this title shall be subject to a fine of not less than $50.00 and not more than $500.00 for each offense, except that the fine for a violation of section 15.20.020B.6.a and B.12.c shall be set at $300.00 for the first offense and not less than $300.00 and not more than $600.00 for second and subsequent offenses.
C.
Each day of violation of any provision of this title or any rule, regulation, permit, variance or order issued pursuant to this title shall constitute a separate offense.
E.
In addition to any other remedy or penalty provided by this title, the superior or district court may require that any person who violates section 15.20.020B.6 shall pick up and properly dispose of litter and other solid waste at a time and place within the boundaries of the municipality for not less than four consecutive hours for each separate violation.
F.
In addition to other remedies available under this title, any person aggrieved by a violation of section 15.20.020A with regard to a public nuisance listed in section 15.20.020B may also initiate a private enforcement action before the administrative hearings officer to abate those violations as provided in section 21.25.035.
G.
Upon application for injunctive relief and a finding that a person is violating or threatening to violate any provision of this title or any rule, regulation, permit, variance or order issued pursuant to this title, the superior court shall grant injunctive relief to restrain the violation.
(AO No. 79-63; AO No. 79-80(AM); AO No. 80-2; AO No. 80-70; AO No. 80-131; AO No. 82-22; AO No. 88-174; AO No. 93-124(S-3), § 3, 4-13-1994; AO No. 93-167(S-1), § 12, 4-13-1994; AO No. 96-147(S), § 3, 12-17-1996; AO No. 2016-90, § 3, 8-23-2016; AO No. 2019-9(S), § 3, 2-12-2019; AO No. 2025-93(S), § 4, 10-21-2025)
A.
Any person other than persons responsible for enforcement of this title may commence a civil action on his own behalf against any person who is alleged to be in violation of any provision of this title. The Superior Court, Third Judicial District, shall have jurisdiction without regard to the amount in controversy to enforce such ordinance or rule, regulation, permit, variance or order issued pursuant to this title and to grant such relief as it deems necessary.
B.
No action may be commenced under subsection A of this section either prior to 30 days after the plaintiff has given written notice of the alleged violation to the department, or after the municipality has commenced and is diligently prosecuting an action against the alleged violator with respect to such violation, but in such action any affected person may intervene as a matter of right. Notice under this subsection shall be given in the manner prescribed by section 15.05.100 for service of notices.
C.
In any action under this section the municipality, if not a party, may intervene as a matter of right.
(AO No. 79-80(AM); AO No. 80-2; AO No. 80-70; AO No. 80-131; AO No. 2016-76(S), § 5, 7-12-2016)
A.
No provision of this title shall be construed to impair any common law or statutory cause of action or legal remedy therefrom of any person for injury or damage arising from any violation of this title or from other law.
B.
The remedies provided for violations of this title shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(AO No. 2016-90, § 4, 8-23-2016)
No act, omission or provision of chapter 15.10 or 15.20 shall be required, prohibited or applied where such requirement, prohibition or provision expressly conflicts with an express provision of the land use planning legislation in title 21 or an express provision of the energy conservation legislation or the building, electrical, fire, plumbing and mechanical codes adopted as in title 23.
(AO No. 77-172A)
A.
Duty to notify. A mortgage or deed of trust lender and its servicing company or assignee (each, a "lender") filing a complaint in an action to foreclose, or recording a notice of default, with respect to a mortgage or deed of trust on any property within the municipality shall, within 30 days of the date of filing or recording, notify the real estate department in writing that an action to foreclose on a mortgage or deed of trust has been filed against the subject property.
1.
The notice shall contain:
a.
Property owner name,
b.
Complete legal description of subject property, including street address, and
c.
Full name and contact information, including direct telephone number and e-mail address, for the representative of the lender who shall be responsible for the care, maintenance, security, and upkeep of the property and for receiving and responding to complaints of property maintenance and code violations during the pendency of the foreclosure proceedings; and
2.
In the event the lender is located outside of Alaska, the notice shall also contain:
a.
Full name and contact information, including direct telephone number and e-mail address, of a representative in Alaska who shall be responsible for the care, maintenance, security, and upkeep of the property and for receiving and responding to complaints of property maintenance and code violations during the pendency of the foreclosure proceedings; and
b.
Full name and contact information of an individual located within Alaska who is authorized to accept service on behalf of the lender.
3.
The fee for filing such a notice shall be $200.00 per property, payable to the real estate department.
B.
Duty to Maintain During Foreclosure Process. Upon registration with the municipality as required in section 15.05.170A, a lender shall be considered an "owner" of each subject property not occupied by the property owner of record for the purposes of obligations, enforcement actions, and penalties provided under this title, until foreclosure proceedings conclude and title vests in the lender or a third party.
C.
Removal from registry. A lender shall request that a property be removed from the foreclosure registry when the property is no longer subject to this section. Such request must be submitted in writing to the real estate department, and be supported by documentary evidence demonstrating that foreclosure proceedings have ceased.
(AO No. 2019-9(S), § 4, 2-12-2019; AO No. 2019-101(S), § 1, 10-8-2019)