Chapter 10.16
ABANDONED VEHICLES AND PROPERTY
Sections:
10.16.010 Abandonment unlawful.
10.16.020 Presumption of abandonment.
10.16.030 Removal of abandoned or illegally parked property.
10.16.040 Notice to owners and lienholders.
10.16.050 Vesting of title.
10.16.060 Redemption.
10.16.070 Disposal of abandoned property and vehicles.
10.16.080 Disposal facilities.
10.16.090 Towing and storage lien on abandoned vehicles or property.
10.16.100 Right to hearing.
10.16.010 Abandonment unlawful.
A. No person may abandon a vehicle or other property upon a highway, street, or vehicular way or area.
B. No person may abandon a vehicle or other property upon public property or upon private property without the consent of the owner or person in lawful possession or control of the property.
C. A vehicle or other property abandoned as described in subsections A and B of this section is a public nuisance and is subject to abatement.
D. A person who abandons a vehicle or other property in a place specified in subsection A or B of this section is considered responsible for the abandonment of the vehicle or other property and is liable for the cost of its removal and disposition.
E. Except as otherwise provided in subsection B of this section, the lawful owner of a vehicle or other property, as shown by the records of the Department of Motor Vehicles, whether or not he has complied with the provisions of AS 28.10.271, is considered responsible for the abandonment of the vehicle, or other property and is liable for the cost of removal and disposition of the abandoned vehicle or other property unless: (1) the vehicle or other property was abandoned by a person driving the vehicle without the permission of the owner; or (2) the identity of the person abandoning the vehicle or other property is established and the abandonment was without the consent of the owner. (Prior code § 14.04.010)
10.16.020 Presumption of abandonment.
A. A vehicle or other property which has been left unattended, standing, parked upon or within ten (10) feet of the traveled portion of a street or highway, in excess of forty-eight (48) hours, or a vehicle left standing or parked on private property in excess of twenty-four (24) hours or upon other public property for more than thirty (30) days, without the consent of the owner or person in charge of the property, notwithstanding other statutory provisions, may be removed under Section 10.16.030 and treated as an abandoned vehicle or other property, unless the vehicle or other property is reclaimed and removed before action regarding removal is taken under Section 10.16.030.
B. Notwithstanding other provisions of law, a wrecked or junk vehicle that reasonably appears to have been left unattended, standing, parked upon or within ten (10) feet of the traveled portion of a highway or vehicular way or area in excess of twenty-four (24) hours, or a wrecked or junk vehicle that reasonably appears to have been left standing or parked on private property or other public property in excess of twenty-four (24) hours and without the consent of the owner or person in charge of the property, may be removed under Section 10.16.030 and treated as an abandoned vehicle, unless the vehicle is reclaimed and removed before action regarding removal is taken under Section 10.16.030.
C. In this section:
1. “Junk vehicle” means a vehicle that:
a. Is not currently registered under AS 28.10, except for a vehicle not currently registered under AS 28.10 and used exclusively for competitive racing;
b. Is stripped, wrecked, or otherwise inoperable due to mechanical failure;
c. Has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle; or
d. Is in a condition that exhibits more than one of the following elements:
i. Broken glass;
ii. Missing wheels or tires;
iii. Missing body panels or parts; or
iv. Missing drive train parts.
2. “Wrecked vehicle” means a vehicle that is disabled and cannot be used as a vehicle without substantial repair or reconstruction. (Ord. 03-31 § 2, 2003: prior code § 14.04.020)
10.16.030 Removal of abandoned or illegally parked property.
A. The mayor or an employee authorized by the city may remove or have removed to a place for storage, property abandoned on a highway, on a vehicular way or area, or on private property. In addition, the mayor or an authorized employee may remove or have removed to a place for storage, property otherwise illegally parked and which is deemed to be a hazard to life or property or which inhibits routine or emergency road maintenance.
B. Removal of abandoned property from private property shall be upon the written request of the owner or person in lawful possession or control of the property, and on a form prescribed by the city. The remaining provisions of this chapter shall be applicable to cars or other objects removed pursuant to the authority described in this section.
C. A written report of the removal shall be made by the officer or employee who removes or has removed property under this section, and the report shall be sent immediately to the city and a copy of the report shall be given to the person who stores the property. The report shall describe the property, the date, time, and place of removal, the grounds for removal, and the place of impoundment of the property.
D. The mayor or designated employee is authorized to remove and tow away, or have removed and towed away by commercial towing service, any car or other vehicle illegally parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant, or obstructs or may obstruct the movement of any emergency vehicle or maintenance equipment. Any car or other vehicle parked on any of the streets set forth in Section 10.08.020 may also be removed and towed away as herein provided. Any car or other object parked or placed within city rights-of-way which is deemed to be a hazard to life or property or which inhibits routine or emergency road maintenance shall be subject to summary removal. Cars so towed away for illegal parking shall be stored in a safe place and shall be restored to the owner or operator of such car upon payment of any fines, and all towing and storage fees. (Prior code § 14.04.030)
10.16.040 Notice to owners and lienholders.
A. The person or company who stores an abandoned vehicle or other property at the direction of a officer or an employee under Section 10.16.030 shall within thirty (30) days give notice, in the manner prescribed for the giving of notice by the Department of Motor Vehicles under AS 28.05.121, to the vehicle owner of record and to lienholders of record, stating the grounds for removal and the location of the place of impoundment of the vehicle or other property. If the vehicle or other property is not registered in the state or the name and address of the registered or legal owner or lienholder cannot be ascertained, notice shall be given by publication in the manner prescribed in the rules of the court for service of process by publication.
B. The notice under this section shall state the reasons for the city’s removal of the vehicle or other property and provide for a reasonable attendance date for a hearing of not less than ten (10) days after service of the notice. If there is no request for a hearing by the attendance date specified in the notice, the hearing is considered to have been waived. (Prior code § 14.04.040)
10.16.050 Vesting of title.
Title to an impounded vehicle, or other property not reclaimed by the registered owner, a lienholder, or other person entitled to possession of the vehicle, or other property within thirty (30) days from the notice given under Section 10.16.040 vests with the municipality, as appropriate. However, nothing in this section prohibits a lien under Section 10.16.090 of this chapter. (Prior code § 14.04.050)
10.16.060 Redemption.
A person who presents satisfactory proof of ownership or right to possession may redeem a vehicle, or other property removed under this chapter at any time before an auction under Section 10.16.070(A) by paying the charges of towing, storage, notice, other cost of impoundment, and any applicable penalty imposed by law. (Prior code § 14.04.060)
10.16.070 Disposal of abandoned property and vehicles.
A. Upon satisfaction of the notice and reporting requirements prescribed in this chapter, a vehicle, or other property may be disposed of by public auction twenty (20) days after notice of the auction is published in a newspaper of general circulation in the area or municipality in which the vehicle, or other property was found and presumed abandoned. The notice of auction shall describe the vehicle, or other property and specify the place, date and time at which it will be sold. A copy of the notice of auction shall be conveyed to the city.
B. A vehicle disposed of under this section must be registered and titled under Section 10.04.010, and may not be subsequently sold without a Certificate of Title issued by the Department of Motor Vehicles.
C. Notwithstanding the provisions of this section, a person who disposes of an abandoned vehicle under this section may initiate a civil action against a person named in Section 10.16.010, if liable, for costs exceeding receipts for the disposal of the vehicle. (Prior code § 14.04.070)
10.16.080 Disposal facilities.
The city may negotiate with appropriate towing services in an effort to designate and acquire land for the temporary storage of vehicles before sale under Section 10.16.070, or for the final disposal of unsold abandoned vehicles, and property. (Prior code § 14.04.080)
10.16.090 Towing and storage lien on abandoned vehicles or property.
A person authorized by contract or other official order to remove an abandoned vehicle, or other property has a lien upon a vehicle, or other property towed, moved or stored by him or her and in his or her possession in accordance with AS 28.10.502. (Prior code § 14.04.090)
10.16.100 Right to hearing.
A. An owner or lienholder of record is entitled to an administrative hearing to determine the propriety of the removal of a vehicle, or other property under this chapter and the owners liability for the costs of removal and disposition of the vehicle, or other property. Unless otherwise specifically provided, all hearings required under this chapter shall be conducted by the city under regulations consistent with due process of law. Hearings shall be informal, and technical rules of evidence do not apply. A person who requests a hearing may retain an attorney if he or she so desires. The hearing officer shall be appointed by the mayor and may be appointed from the city. A hearing officer need not be an attorney, but must be impartial and may not have participated in the decision which is under review. The hearing officer does not have to file a full opinion or make formal findings of fact or conclusions of law, but he or she must state the reasons for his or her determination and indicate the evidence relied upon. The proceedings at the hearing shall be recorded.
B. A hearing ordered under subsection A of this section shall be held in Wasilla unless the city and the person agree that the hearing is to be held elsewhere. The city shall grant a hearing delay if the person presents good cause for the delay. If a person fails to appear for the hearing at the time and place stated by the city and if a hearing delay has not been granted, his or her failure to appear is considered a waiver of the hearing and the city may take appropriate action with respect to the person.
C. A person aggrieved by the decision of the hearing officer may, within thirty (30) days, initiate a proceeding in district court to rescind the city’s action by filing a notice of appeal in accordance with the applicable rules of court governing appeals in civil matters. The court shall conduct a hearing de novo. (Prior code § 14.04.100)