Chapter 9.12
ABATEMENT OF ABANDONED VEHICLES
Sections:
9.12.010 Abandonment unlawful.
9.12.020 Presumption of abandonment.
9.12.030 Removal of abandoned vehicles.
9.12.040 Notice to owners and lien-holders.
9.12.070 Disposal of abandoned vehicles.
9.12.090 Notice and opportunity of hearing.
9.12.100 Vehicles constituting a traffic hazard.
9.12.010 Abandonment unlawful.
A. It is unlawful for a person to abandon a vehicle in a public right-of-way or area used for movement or parking of vehicles. A “public right-of-way or area used for movement or parking of vehicles” includes all areas designated for or used for such purposes within the City.
B. It is unlawful for a person to abandon a vehicle upon public property owned by or under the control of the City without the consent of the City.
C. A person who abandons a vehicle in a place specified in subsection (A) or (B) of this section is considered responsible for the abandonment of the vehicle and is liable for the cost of its removal and disposition.
D. The lawful owner of a vehicle, as shown by the records of the State of Alaska Department of Public Safety, is considered responsible for the abandonment of the vehicle unless:
1. The vehicle was abandoned by a person driving without the permission of the owner; or
2. The identity of the person abandoning the vehicle is established and the abandonment was without the consent of the owner. (Ord. 90-02, 1990; Ord. 97-06, 1997)
9.12.020 Presumption of abandonment.
A vehicle which has been left unattended, standing or parked within a public right-of-way or on land owned by or controlled by the City, in excess of 72 hours, without the consent of the City, is presumed to be abandoned by its owner and may be treated as an abandoned vehicle under this chapter unless it is removed before action is taken in accordance with this chapter. (Ord. 90-02, 1990)
9.12.030 Removal of abandoned vehicles.
A. The City may remove or have removed to a place of storage any vehicle abandoned in a public right-of-way, public area used for movement or parking of vehicles, or public property owned by or under the control of the City.
B. A written report of the removal shall be made by the Public Works Director immediately following the action taken. The report shall describe the vehicle, the date, time, and place of removal, the grounds for removal and the place of impoundment of the vehicle. A copy of the report shall be sent to the State of Alaska Department of Public Safety and to the person who stores the vehicle. (Ord. 90-02, 1990)
9.12.040 Notice to owners and lien-holders.
The person who stores an abandoned vehicle at the direction of the City under this chapter shall, within 30 days of receiving the vehicle, give notice to the vehicle owner of record and to any lien-holder of record stating the reason for removal and the place of impoundment of the vehicle. Notice shall be given by certified mail, return receipt requested. If the vehicle is not registered in the state, or the name and address of the registered or legal owner or lien-holder cannot be ascertained, notice shall be given by publication in a manner prescribed in the Rules of Court for service of process by publication. (Ord. 90-02, 1990; Ord. 97-06, 1997)
9.12.050 Vesting of title.
If an impounded vehicle is not reclaimed by the registered owner, any lien-holder, or other person entitled to possession within 30 days from the notice given to the owner under this chapter, the City may initiate court action to obtain title, subject only to any storage or towing charges. (Ord. 90-02, 1990; Ord. 97-06, 1997)
9.12.060 Redemption.
A person who presents satisfactory proof or right to possession of the abandoned vehicle may redeem the vehicle removed under this chapter at any time before auction of the vehicle, by paying the charges of towing, storage, notice, other costs of impoundment, and any applicable penalty imposed by law. (Ord. 90-02, 1990)
9.12.070 Disposal of abandoned vehicles.
A. Upon satisfaction of the notice and reporting requirements of this chapter, a vehicle may be disposed of by public auction 20 days after notice of the auction is published in a newspaper of general circulation in the City. A notice shall describe the abandoned vehicle and specify the place, date and time at which it will be sold. A copy of the notice of auction shall be sent to the State of Alaska Department of Public Safety.
B. A vehicle disposed of under this section must be registered and titled.
C. Notwithstanding the provisions of this section, the City may initiate a civil action against the person considered responsible for the abandonment to recover costs exceeding receipts for disposal of the vehicle. (Ord. 90-02, 1990; Ord. 97-06, 1997; Ord. 05-11 § 3, 2005)
9.12.080 Disposal facilities.
The City shall designate one or more appropriate areas within the City for disposal of abandoned vehicles. This information shall be made available to the public. (Ord. 90-02, 1990)
9.12.090 Notice and opportunity of hearing.
An owner or any lien-holder of an abandoned vehicle removed under this chapter shall be entitled to an administrative hearing as soon as possible after the removal of the vehicle. Hearings shall be informal and technical rules of evidence do not apply. A person who requests a hearing may retain an attorney if he desires. The Hearing Officer shall be appointed by the Mayor. Proceedings of the hearing shall be recorded. The Hearing Officer shall state on the record the reasons for his determination and indicate the evidence relied on. (Ord. 90-02, 1990)
9.12.100 Vehicles constituting a traffic hazard.
A. Nothing in this chapter shall prevent the City, its employees or agents from immediately removing a vehicle in a public right-of-way, an area used for movement or parking of vehicles or on public land owned by or under the control of the City, if the vehicle constitutes an immediate hazard to the public.
B. Any vehicle removed as a hazard under this section may be treated as an abandoned vehicle, in which case all procedures of this chapter shall be followed.
C. A vehicle is an “immediate hazard to the public” if it creates a traffic or safety hazard by reason of its location or condition or if it impedes the regular flow of traffic on the ordinary use of the public land on which it is located. (Ord. 90-02, 1990; Ord. 97-06, 1997)