A. Any interested party may appeal a decision or order of the city planner to the planning commission by filing a written notice of appeal with the city planner on a form provided by the planner within 15 days after the date of the decision or order. The notice of appeal shall state with specificity:

B. Except as otherwise provided in this chapter, a filing fee of $500.00 must be paid in full before the notice of appeal will be accepted for filing. (Ord. 25-14(AM) § 2, 2025)

A. The city planner shall prepare and distribute a notice of hearing no more than 10 days after receiving a complete notice of appeal.

B. The notice of hearing shall state the nature of the appeal, the location of the property that is the subject of the appeal, and the time and place of the appeal hearing. It must also state that, unless otherwise determined by the planning commission, only persons who present written position statements to the commission may present oral argument at the hearing and only persons presenting oral arguments at the hearing have standing to appeal the planning commission’s final decision.

C. The date of the hearing shall be at least 30 days after, but no more than 90 days after, the notice of hearing is distributed and posted.

D. The notice of hearing shall be sent via U.S. mail to:

E. The notice may be sent via email to any interested party who consents in writing to distribution by email and provides an email address for receipt of notices.

F. The notice of hearing shall be posted in a conspicuous manner on the property that is the subject of the appeal. (Ord. 25-14(AM) § 2, 2025)

A. The city planner shall submit the appeal to the planning commission no more than 10 days after the deadline for the filing of position statements and at least 10 days before the scheduled hearing.

B. The record shall also be sent via U.S. mail to all interested parties who filed a position statement or a notice of appeal. The planner may send the record to interested parties via email if the party has consented in writing to the receipt of the record via email and has provided an email address.

C. The record shall contain the notice of appeal and any evidence submitted with the notice, a position statement by the planner and a copy of the planner’s written decision, any application or enforcement order issued by the planner that is the subject of the appeal, all position statements filed with the planner, and any evidence submitted with such statements. (Ord. 25-14(AM) § 2, 2025)

A. Except as otherwise determined by the commission, only persons who have submitted position statements to the planning commission prior to the date of the hearing may present oral argument at the hearing. A position statement must include the name, physical and mailing addresses of the person submitting the statement, and a statement regarding the decision they support in the appeal. A position statement must be accompanied with any evidence the submitting party wants considered by the commission during the hearing. Position statements and any evidence submitted with such statements shall be distributed to all interested parties.

B. At the hearing, oral argument shall be subject to the following order and time limitations, unless the planning commission issues notice of different procedures at least 10 business days before the hearing, or changes the procedures at the hearing by motion and for good cause shown:

A. The planning commission shall base its decision upon the record and argument presented at the hearing. The planning commission may affirm, reverse, or modify the decision or order of the city planner in whole or in part.

B. The planning commission’s decision shall be in writing and shall state that it is a final decision, include the planning commission’s findings of fact and conclusions of law, and notify the parties of their right to appeal. A final written decision shall be issued no more than 45 days after the close of the hearing.

C. The planning commission’s decision shall be mailed by regular mail or personally delivered by the city planner within 10 business days after the decision has been issued to the appellant and each interested party submitting written testimony at the hearing. (Ord. 25-14(AM) § 2, 2025)

A. The following final decisions by the commission may be appealed to an administrative hearing officer by a person with standing under this chapter:

A. Any interested party adversely affected by a decision or order of the planning commission, other than a recommendation to the city council regarding a legislative action such as a rezoning or an amendment to this title, may appeal the decision or order to the administrative hearing officer by filing an application for appeal with the city clerk on a form provided by the city clerk within 15 days after the effective date of the decision or order. The application for appeal shall state with specificity the grounds for the appeal and include contact information for the appellant or the appellant’s representative.

B. Except as provided in subsection (C) of this section:

C. Within the time for filing the application for appeal, an appellant may request that the city waive payment of part or all of the fees and costs described in subsection (B) of this section because of the appellant’s indigence. The request shall include a sworn financial statement from the appellant that states that the appellant is indigent and does not have the financial ability to pay the fee, and shall include a copy of the appellant’s tax return for the most recent filing year. An appellant will be considered indigent for purposes of this chapter if the appellant’s tax return demonstrates that the appellant is at or below the 100 percent poverty level for Alaska.

D. If a final decision of the administrative hearing officer or a court on an appeal under this chapter reverses or remands the decision or order of the planning commission, the city shall refund to the appellant the filing fee and costs paid by the appellant under subsection (B) of this section. (Ord. 25-14(AM) § 2, 2025)

A. Upon the timely filing of an appeal:

B. Content of Notice. The notice of appeal shall include:

C. Appointment of Administrative Hearing Officer. The city clerk shall submit the items stated in subsections (B)(1) and (B)(2) of this section to the council by information memorandum at the next regular council meeting occurring at least 10 business days after the filing of an appeal. The submission also shall include the city clerk’s appointment of the administrative hearing officer for the appeal.

D. Record on Appeal. The city planner shall provide the city clerk with an electronic version of the record on the appeal within 20 business days after the filing of the appeal. The appeal record shall consist of the transcript of the proceedings before the planning commission, copies of all documentary evidence, memoranda and exhibits, correspondence and other written material submitted to the planning commission, and a copy of the final written decision of the planning commission. The record shall be organized in chronological order, paginated, and include a detailed table of contents.

E. Service of Record. Within 15 business days after receiving the entire appeal record from the city planner, the city clerk shall assemble the record and post the record on the city’s website, and notify the administrative hearing officer, the appellant, the applicant if not the appellant, the city attorney, the city planner, and each interested party who has requested to be notified, that the record is available for viewing on the city’s website; if a party is represented by counsel the city clerk shall notify the counsel in lieu of the party. The city clerk may accompany the notice with the notice required in subsection (F) of this section. Interested parties requesting a paper copy of the record shall be charged on a per-page basis.

F. Notice of Hearing Date. The city clerk shall post a notice on the city’s website, at least 15 business days before written arguments are due, stating the nature of the appeal, the location of the property that is the subject of the appeal, the time and place of the hearing, and the date written arguments are due to the city clerk. The city clerk shall notify the administrative hearing officer, the appellant, the applicant if not the appellant, the city attorney, and the city planner; if a party is represented by counsel the city clerk shall notify the counsel in lieu of the party. The city clerk shall also send notice by regular mail to each interested party.

G. Written Arguments. An interested party must submit written argument to the city clerk on or before the due date for filing written argument. Written arguments submitted in a timely manner shall become part of the record on appeal. Within five business days after the date written arguments are due, the city clerk shall post the timely written arguments on the city’s website and notify the administrative hearing officer, the appellant, the applicant if not the appellant, the city attorney, the city planner, and each interested party who has requested to be notified, that the written arguments are available for viewing on the city’s website; if a party is represented by counsel the city clerk shall notify the counsel in lieu of the party. Interested parties requesting a paper copy of the written arguments shall be charged on a per-page basis. (Ord. 25-14(AM) § 2, 2025)

A. Only interested parties who have submitted written arguments to the administrative hearing officer prior to the due date, the city planner and appellant, or their representatives, may present oral arguments at the hearing.

B. The administrative hearing officer shall hold a hearing on the appeal within 15 business days after written arguments are due unless the hearing officer determines that there is good cause to postpone the hearing date.

C. At the hearing, oral argument shall be subject to the following order and time limitations, unless the administrative hearing officer permits or orders a change:

A. The administrative hearing officer shall base the decision upon the record and argument presented at the hearing. The administrative hearing officer may affirm, reverse, modify, or remand the decision or order of the planning commission in whole or in part.

B. The administrative hearing officer’s decision shall be provided to the city clerk in writing within 45 business days after the conclusion of the hearing, and shall state that it is a final decision, include the administrative hearing officer’s findings of fact and conclusions of law, and notify the parties of their right to appeal to the superior court.

C. The administrative hearing officer’s decision shall be mailed or personally served by the city clerk within 10 business days to the appellant, the applicant if not the appellant, city planner and each interested party who has requested a copy of the appeal record in writing. The city clerk shall also post the decision on the city’s website.

D. Each appeal record shall be kept in accordance with the city’s records management policy and shall be open to the public. The city planner shall include the hearing officer’s decision in the related land use file of the city. Documents or other information considered by the hearing officer, that were not part of the appeal record, shall become a part of the record before the administrative hearing officer.

E. Within 45 business days after the administrative hearing officer issues a decision, the city clerk shall submit an informational memorandum to the city council with a copy of the decision and an accounting of costs for the services of the administrative hearing officer in the case. (Ord. 25-14(AM) § 2, 2025)

A. The city council has the following decision-making authority under this title:

B. Where the commission has authority under this title to review and comment on a land use matter, the city council shall not take final action on the matter until it has received and taken notice of the review comments and recommendations of the commission. (Ord. 25-14(AM) § 2, 2025)

A. The mayor has authority to designate the city planner, or another designee, to perform the specific day-to-day duties of administering this title on behalf of the city.

B. The city planner shall have all functions and may exercise all powers necessary to administer and enforce this title. Assistants to the planner may exercise the administration and enforcement functions and powers of the planner under the planner’s supervision.

C. Administration, enforcement functions, and powers of the planner, include, but are not limited to, the following:

A. In addition to any other remedy or other method of enforcement available under this title, or other provision of the city code, or other law, the mayor or planner may order:

B. An enforcement order issued under subsection (A) of this section may be directed to one or more violators.

C. A written enforcement order issued under subsection (A) of this section that is served on a violator personally or by certified mail is immediately appealable to the commission. An appeal must be filed within 30 days of service of the written enforcement order. Failure to appeal to the commission within 30 days of service shall constitute a waiver of all rights of appeal from the order.

D. The planner will give notice of a finding of violation and an enforcement order in writing to the person responsible for the violation and the property owner by personal service, certified mail, or posting on the site of the violation. The notice shall include a description of the appeal procedure in WMC Chapter 16.115, Appeals to the Planning Commission.

E. All notices served under this section shall be reported to the commission at its next meeting.

F. During such time that an enforcement order is under appeal, no further use or development contrary to the order may continue.

G. Upon correction of the condition or termination of the activity that caused the issuance of an enforcement order under subsection (A) of this section, the officer who issued the order may terminate the order or issue written confirmation of satisfactory compliance with the order.

H. An enforcement order need not be issued before a prosecution or legal action is commenced with respect to a violation of this title, a regulation, or a permit. The pendency of any proceeding regarding an enforcement order issued under subsection (A) of this section does not stay any prosecution or other legal action with respect to the violation that is the subject of the enforcement order. (Ord. 25-14(AM) § 2, 2025)

A. Any use, activity, condition, property, or structure in violation of an enforcement order issued under WMC 16.125.035, Enforcement orders, that continues after the time for appeal from the enforcement order has passed, or if appealed, continues after all appeals are exhausted, is a public nuisance and may be abated by the city as provided in this section.

B. Before action is taken to abate a nuisance, a final warning notice shall be posted on the property and served personally or by certified mail, return receipt requested, to the violator and the owner of record of the property. Unless enjoined by a court order within 30 days of the posting and service of the final warning notice, the mayor, through the planner, will proceed to abate the nuisance. If the mayor, through the planner, finds it necessary to effectively abate the nuisance, the mayor may cause the physical destruction or removal of the nuisance.

C. The planner shall cause to be kept an account of the cost, including incidental expenses, incurred by the city in the abatement of any nuisance. The planner will cause an invoice for collection to be sent to the violator and owner of record of the property specifying the nature and costs of the work performed. For purposes of this section, the term “incidental expenses” shall include, but is not limited to, the actual expenses and costs to the city in the preparation of the notices, specifications and contracts, work inspection, attorney fees, consultant fees, and interest from the date of completion at the rate of 10 percent per annum.

D. The property owners of the property upon which the abatement occurred are liable to the city for the entire cost of the abatement. Such charges become a lien upon the real property upon which the abatement occurred. If the invoice for the costs of the abatement remains unpaid after 30 days from the invoice, the planner will record a notice of lien at the district recorder’s office. The lien shall be subordinate to all state and municipal tax liens and existing special assessment liens previously imposed upon the same property and shall be prior and paramount to all other liens. The lien shall continue until the charges and all interest due and payable thereon are paid.

E. The lien created under this section may be enforced as provided in AS 34.35.005 through 34.35.045. The enforcement of the lien is a cumulative remedy and does not bar the collection of the charges for abatement or costs and attorney fees through a personal action. (Ord. 25-14(AM) § 2, 2025)

A. With respect to any violation of the title, a regulation, or a permit, the city may bring a civil action for any or all of the following:

B. Whenever a written enforcement order is in effect that has not been appealed or, if appealed, remains in effect during an appeal or after all appeals are exhausted, and a violation continues to exist, the mayor may:

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

D. Any person aggrieved by a violation of this title, a regulation, or a permit may bring a civil action against the violator as provided in subsection (A) of this section. For purposes of this section, a person occupying or owning land within 500 feet of the perimeter of the parcel containing the violation is irrefutably presumed to be a person aggrieved. The city shall not be responsible for the costs or fees of such an action, which shall be the sole responsibility of the person filing the action. (Ord. 25-14(AM) § 2, 2025)

A. The following are violations of this title:

B. Each act or condition in violation of this title, and every day upon which the act or condition occurs, is a separate violation.

C. A violator is a person who: