Sale to enforce lien.

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(a) If just and reasonable charges are not paid within three months after the care, attention, and labor is performed or food is furnished, the person having the lien may proceed to sell at public auction, as provided in AS 34.35.175, the property mentioned in AS 34.35.220, or a part of it, sufficient to pay the just and reasonable charges.

(b) Nothing in this section may be construed to authorize a person to sell more of the property than is sufficient to pay charges due the person on the property.

(c) A person who sells, loans, or otherwise disposes of property contrary to the provisions of AS 34.35.220 and this section without the consent of the owner of the property shall, for each offense, forfeit and pay to the owner a sum equal to the market value of the property, and 50 percent of the market value in addition as a penalty. In this subsection, “market value” means the price the property bears at the time the owner makes demand on the person for it.

(d) The remedies available under this section are in addition to any remedies available under AS 45.07.210.


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