Wallace H. Keiner v. City Anchorage

DIMOND, Justice. Following an administrative hearing, the City of Anchorage declared Keiner's building to be a fire and health hazard and a public nuisance and ordered it removed. On appeal to the superior court Keiner's request for a de novo hearing was refused, the case was heard on the record, and the city's determination was affirmed. On appeal to this court Keiner makes two main points: (1) that he was entitled to a trial de novo in the superior court; and (2) that the evidence produced at the administrative hearing did not justify removal of the building. The Code of Ordinances of the City of Anchorage prohibits a person from maintaining any structure which is unsafe, or which is a menace to the health, morals, or safety of the public, or which has become a fire or health hazard or a public nuisance. 1 Other parts of the code specify the procedure to be followed in determining whether a particular building is in violation of the code, and if so, whether it must be removed or may be repaired. 2