Chapter 10.10
JUNK OR ABANDONED VEHICLES
Sections:
10.10.005 Definitions.
10.10.010 Junk or abandoned vehicles.
10.10.020 Disposition of junk or abandoned vehicles.
10.10.030 Junk vehicles or other junk.
10.10.040 Disposition of junk vehicles.
10.10.050 Vehicles both junk and abandoned.
10.10.060 Recovery costs.
10.10.070 Other rights reserved.
10.10.080 Penalties and remedies.
10.10.005 Definitions.
For the purpose of this chapter the following definitions shall apply:
“Abandoned vehicle” means any motorized or towed vehicle, wheeled or tracked, which has been left unattended for a length of time which has resulted in the vehicle’s deterioration or destruction.
“Junk” means any worn out, cast-off, or discarded article or material which is ready for destruction or has been collected or stored for conversion or salvage to some other use. [Ord. 82-32-O §1, 1982; Ord. 82-4-O, 1982].
10.10.010 Junk or abandoned vehicles.
A. It is unlawful for a person to abandon junk or a vehicle on a street or highway within the borough.
B. It is unlawful for a person to abandon junk or a vehicle on public property not set aside by law as a refuse disposal site open for the disposal of junk or vehicles.
C. It is unlawful for a person, without the consent of the property owner or person in possession or control of property, to abandon junk or a vehicle on said property unless such property is licensed as a junkyard and is open for disposal, or unless all necessary fees for removal and storage have been paid and all other requirements of disposal have been met. [Ord. 82-4-O, 1982].
10.10.020 Disposition of junk or abandoned vehicles.
A. Abandoned vehicles or junk may be impounded.
B. Adequate notice of impoundment and procedures for redemption of junk or a vehicle shall be given to registered owners of vehicles and other persons known to have a legal interest in them. Adequate notice shall consist of a certified letter or personal service, when the persons involved are known, or publication at least once in a newspaper of general circulation, if such persons are not known. The notice shall contain:
1. A description of the junk or vehicle and any property therein;
2. The date, time and place of removal;
3. An indication of the place of impoundment;
4. An itemized statement of amounts due the borough for towing and storage and stating that such fees must be paid prior to redemption of the junk or vehicle; and
5. A statement that unless the right to possession is established to the satisfaction of the mayor and the junk or vehicle reclaimed within 20 days from the date of mailing or publication of the notice, or unless arrangements are made for the storage of the junk or vehicle within that time, the junk or vehicle and its contents may be sold at public auction or, at the mayor’s discretion, if the junk or vehicle is determined to be inoperable or worth less than $200.00, disposed of by crushing or other means of destruction.
C. If the abandoned junk or vehicle impounded pursuant to the above provisions is not redeemed within the 20-day period set forth above, the mayor may publish in a newspaper of general circulation a notice of public auction. The notice shall contain a description of the junk or vehicle, the name of the owner if known, and a provision stating that the junk or vehicle described will be sold to the highest responsible bidder, and a certificate of sale will be issued for the junk or vehicle sold. Such auction may be held 10 days or more following the date of advertisement. The impounded junk or vehicle may also be crushed or otherwise destroyed as provided in subsection B of this section without further notice at the expiration of the 20-day redemption period. If a vehicle is destroyed, the mayor shall notify the State of Alaska Department of Public Safety as provided by AS 28.10.440.
D. The borough shall keep a record of all junk and vehicles impounded, containing the date, time and place of impounding, description of the junk or vehicle and contents therein, estimated retail value of the junk or vehicle, its operating condition, cause for which impounded, place of impoundment, date of redemption if redeemed, amount paid upon redemption, date of notice to owner and means of notice, notice of sale, record of sale, price paid, and name of purchaser, or record of other means of disposal.
E. Abandoned junk or vehicles may be removed from private property if the owner or person in lawful possession or control of the property makes a written request prior to removal. [Ord. 84-61-O §10, 1984; Ord. 82-4-O, 1982].
10.10.030 Junk vehicles or other junk.
A. It is unlawful for the registered owner or other person with legal right to possession of a junk vehicle or other junk to place or allow such vehicle or junk to remain in public view on any property within the borough for more than five days. It is also unlawful for the owner, tenant or other person in possession or control of any property to cause or allow a junk vehicle or other junk to be placed or remain in public view on such property for more than five days.
B. Notwithstanding the provisions of subsection A of this section, if the manager has reasonable grounds to believe that repairs can be made to render a junk vehicle operable, that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have performed such repairs, that the vehicle does not pose any health or safety hazard, and that there is no reasonable means for removing the vehicle from the public view while repairs are being performed, the manager may authorize a period of no more than 30 days for the performance of such repairs. In no case, however, may this section be construed as authorizing the operation of a junkyard or other salvage or repair business where other requirements of the law have not been met.
C. If a junk vehicle or other junk has been abandoned on private property, the owner, tenant, or other person in control or possession of the property upon which the vehicle has been abandoned may request the vehicle’s removal pursuant to KIBC 10.10.020(E). [Ord. 98-18 §2, 1998; Ord. 84-61-O §10, 1984; Ord. 82-4-O, 1982].
10.10.040 Disposition of junk vehicles.
A. Upon observation of what appears to be a junk vehicle or other junk, the manager shall give written notice by personal service or certified mail to any or all offenders described in KIBC 10.10.010 as well as notice affixed to the vehicle or junk. Notice affixed to the vehicle or junk shall suffice for subsequent action if none of the offenders described in KIBC 10.10.010 can be located and served within the five-day period. The notice shall contain:
1. The street address and other information sufficient to identify the location of the vehicle or junk;
2. A statement that the vehicle or junk constitutes a public nuisance and a copy or summary of the relevant sections;
3. A statement that if the vehicle or junk is not removed from the public view within five days from issuance of the notice, the borough shall impound and sell or destroy the vehicle or junk at the offender’s expense; and
4. A statement that if the offender can show ability and willingness to make the repairs necessary to convert the junk vehicle into an operable vehicle, application may be made at any time before the five days have expired for a 30-day waiver to make the necessary repairs.
B. Upon expiration of the five-day, or 30-day period where relevant, the manager may impound a junk vehicle or other junk and sell it at public auction pursuant to the notice provisions of KIBC 10.10.020(C) or may have the vehicle privately sold, crushed or otherwise destroyed without further notice in accordance with the provisions of KIBC 10.10.020(C). If a vehicle is destroyed, the manager shall notify the State of Alaska Department of Public Safety pursuant to AS 28.10.351. [Ord. 98-18 §2, 1998; Ord. 84-61-O §10, 1984; Ord. 82-32-O §2, 1982; Ord. 82-4-O, 1982].
10.10.050 Vehicles both junk and abandoned.
In the event that a vehicle is both junk and abandoned, as defined in this chapter, the borough may pursue its abatement under either the junk or abandoned vehicle provisions of this chapter or parts of both. [Ord. 82-4-O, 1982].
10.10.060 Recovery costs.
The costs of impounding, storing, selling and destroying junk or abandoned vehicles may be charged or assessed by the borough against the vehicle, the registered owner of the vehicle, any person who has acquired legal title to the vehicle from or through the registered owner and any person who has violated KIBC 10.10.010 or 10.10.030(A). [Ord. 82-4-O, 1982].
10.10.070 Other rights reserved.
A. Nothing in this chapter shall be construed as limiting the right of any person to operate a lawful junk or storage yard.
B. Nothing in this chapter shall be construed to limit the rights of the borough, pursuant to other provisions of this title and the common law, to abate summarily a public nuisance, including but not limited to the nuisances defined in this chapter.
C. Nothing in this chapter shall be construed as limiting the authority of law enforcement officers to impound vehicles or other junk and arrange for its storage, sale, redemption, or destruction as provided in other titles of this code. [Ord. 82-4-O, 1982].
10.10.080 Penalties and remedies.
A. A person who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge required to be imposed under AS 12.55.039.
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the plaintiff suffered as a result of the violation.
C. Each act or condition violated in this chapter, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation.
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough. [Ord. 98-26 §6, 1998; Ord. 83-37-O §2, 1983].