8.25.240 Violations, enforcement actions and remedies.
A. Violations.
1. Per Failure. Each failure to comply with any provision of this chapter or any regulation promulgated under this chapter constitutes a separate violation. For example, scavenging is a separate violation for each container from which materials are scavenged.
2. Per Day. Each day a violation continues is a separate violation. For example, failure to maintain a collection vehicle in accordance with KIBC 8.25.150(B) is a separate violation for each day until the vehicle is repaired.
B. Enforcement Actions and Remedies.
1. Actual Violations. If the manager believes that someone has violated any provision of this chapter, whether that person is acting or failing to act in the capacity of a principal, agent, employee or otherwise, then the manager may institute any enforcement action and exercise any legal or equitable remedy available to the borough under law, such as the following:
a. Civil actions seeking a penalty of up to $250.00 per violation;
b. Civil actions seeking injunctive relief;
c. Civil suits seeking damages or civil penalties, including the costs of any corrective action that the manager deems necessary to mitigate consequences of violations, whether acts or omissions; or
d. Proceedings to declare a property a public nuisance and abate the nuisance as authorized by AS 46.03.870(c).
2. Imminent Violations. If the manager believes that a person will imminently violate any provision of this chapter, whether that person is acting or failing to act in the capacity of a principal, agent, employee, or otherwise, then the manager may exercise any equitable remedy available to the borough under law, such as a temporary restraining order or injunction.
3. Enforcement Actions and Remedies Are Cumulative, Not Exclusive. Enforcement actions and remedies are cumulative, not mutually exclusive. The manager may institute any single enforcement action or exercise any single remedy or a combination of multiple enforcement actions and remedies, separately or simultaneously. The manager need not conclude any particular enforcement action or exhaust any particular remedy before instituting other enforcement action or exercising any other remedy.
4. Penalties and Remedies Are Not Limited. The penalties and remedies provided for violation of this chapter are in addition to and not in lieu of any other penalty or remedy provided for in state law or otherwise. [Ord. FY2015-06 §2 (Exh. A), 2014; Ord. FY2010-07 §3, 2010].