A. The following administrative foreclosure procedure may be utilized by the borough whenever a land purchaser has breached a contract for purchase of land. This procedure is applicable both to contracts originally written with the state and assigned by the state to the borough and also to contracts written directly by the borough.

B. If a contract for sale of land has been breached, the land manager may issue a decision to foreclose and terminate the contract at any time 31 days after giving notice of the breach to the purchaser. The land manager shall first attempt to give notice by delivery of certified mail, return receipt requested, to the address of record of the purchaser. In cases where the certified mail notice is returned to the borough unclaimed, and after reasonably diligent effort a new address for the purchaser cannot be found, the land manager shall publish a notice four times during four consecutive calendar weeks, once in each week, in a newspaper in general circulation in the Haines Borough.

C. A breach caused by the failure to make payments required by the contract may be cured at any time within 30 days after the last notice of breach is given by the methods set forth in subsection (B) of this section, by the purchaser’s paying the entire sum in default, together with a fee of $50.00 or five percent of the sum in default, whichever is larger. If there are material facts in dispute between the borough and the purchaser, the purchaser may submit (within 30 days after the purchaser’s receipt of the notice of the breach) a written request for a hearing before the land manager.

D. On a determination by the land manager that there has been a breach of the contract based on the administrative record and the evidence presented at a hearing (if any), the land manager shall issue a decision foreclosing the interest of the purchaser and terminating the contract. The obligation to make payments under the contract continues through the date of the decision to foreclose by the land manager.

E. The land manager shall deliver the decision to foreclose and terminate personally to the purchaser or send it by certified mail, return receipt requested, to the last known address of the purchaser. If the breach is a failure to make payments required by the contract, the decision shall include a note to the purchaser that if, within 30 days, the purchaser pays the borough the full amount of the unpaid contract price, including all accrued interest and any fees assessed under this section, the borough shall issue to the purchaser a deed to the land. If full payment is not made within 30 days, or the breach is for other than failure to make payment, the decision forecloses and terminates all legal and equitable rights the purchaser has in the land.

F. The purchaser may appeal the land manager’s decision to the assembly if the purchaser files written notice of appeal with the clerk and the land manager within 30 days after the date of the land manager’s decision.

G. The decision of the assembly may be appealed to the superior court in accordance with the Alaska Rules of Appellate Procedure.