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(a) The airport manager shall mail or deliver a written notice to a lessee, permittee, or concessionaire who violates a term of a lease, permit, or concession when the manager considers the violation to be a material deviation from the requirements of the lease, permit, or concession. The manager shall allow the lessee, permittee, or concessionaire the time specified in the lease, permit, or concession or 30 days, if no time is specified, to correct the violation, unless the violation constitutes an imminent threat to public health or safety.
(b) If a lessee, permittee, or concessionaire does not correct the violation by the time allowed in the notice, the airport manager shall
(1) grant an extension of time to correct the violation if the lessee, grantee, or concessionaire shows good cause;
(2) take enforcement action as provided under the lease or as available by law; or
(3) cancel the lease, permit, or concession.
(c) Cancellation of a lease, permit, or concession by the airport manager must be in writing and must state the reasons for the cancellation.
(d) If the airport manager determines that a violation creates an imminent threat to public health or safety, the manager shall
(1) direct the lessee, permittee, or concessionaire to stop the activity immediately;
(2) provide the lessee, permittee, or concessionaire less time than otherwise specified in the lease, permit, or concession to correct the violation; or
(3) correct the violation.
(e) If the airport manager acts to correct a violation that constitutes an imminent threat to public health or safety as provided under (d) of this section, the lessee, permittee, or concessionaire shall reimburse the department for any cost, including legal and administrative costs, reasonably incurred by the department in acting to correct the violation.
(f) A lessee, permittee, or concessionaire may protest the airport manager's decision to enforce or cancel the lease, permit, or concession in accordance with 17 AAC 42.910.
(g) This section applies to all leases, permits, and concessions granted by the department under this chapter, except a tiedown permit issued under 17 AAC 42.500 - 17 AAC 42.599 or 17 AAC 42.600 - 17 AAC 42.699, a transient aircraft parking permit issued under 17 AAC 42.035, and a first amendment activity permit issued under 17 AAC 42.800 - 17 AAC 42.840.
History: Eff. 1/14/2001, Register 157
Authority: AS 02.15.020
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Last modified 7/05/2006