Chapter 9.60
ABANDONED PROPERTY

Sections:

9.60.010    Definitions.

9.60.020    Impoundment authority.

9.60.030    Recovery and cost of impounded property.

9.60.040    Impoundment report.

9.60.050    Disposition of impounded personal property.

9.60.060    Abandoned vehicles.

9.60.065    Impoundment of abandoned vehicles.

9.60.070    Leaving of wrecked, nonoperating vehicle on street.

9.60.080    Disposition of wrecked or discarded vehicles.

9.60.090    Enforcement.

9.60.100    Penalties.

9.60.010 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

“Person” means any person, firm, partnership, association, corporation, company, or organization of any kind.

“Property” means any real property within the city which is not a street or highway.

“Street” or “highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

“Vehicle” means a machine intended to be propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and includes, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy, and wagon. (Ord. 666, 1965. Code 1962 § 12-28)

9.60.020 Impoundment authority.

The chief of police or his authorized representative is authorized to impound personal property abandoned in the city. A record shall be made of each item or group of items impounded, date and location of such impoundment, together with a description of the property. (Code 1962 § 15-1)

9.60.030 Recovery and cost of impounded property.

The owner of impounded personal property may claim and recover the same by identifying or presenting other proof of ownership to the chief of police, and upon payment of the cost of impounding and storage as set forth herein.

No cost shall be assessed or collected when impounding is accomplished by the police department with equipment and facilities normally available to the department. When it is necessary to utilize equipment from other departments of the city or rent privately owned equipment to accomplish the impoundment, the actual cost shall be collected. When city storage facilities are available and used, no cost for storage shall be assessed or collected. If rental of storage space is necessary to store and/or protect the property, actual cost of storage shall be collected. (Code 1962 § 15-2)

9.60.040 Impoundment report.

The chief of police shall report to the city manager for disposition all personal property which has been impounded for a period of six months. Such report shall show date of impoundment, location, and description of such property. (Code 1962 § 15-3)

9.60.050 Disposition of impounded personal property.

The city manager shall review the reports of impounded personal property and determine if any of such property is useable by the city, and if so, order it turned over to the appropriate department.

Property for which the city has no use may be:

(a)    Donated to nonprofit agencies or institutions;

(b)    Destroyed, if its condition or saleability does not warrant other disposition; or

(c)    Offered for public sale.

If offered at public sale, at least 10 days’ prior notice shall be given in a newspaper of general circulation in the city. The proceeds from sale of property shall be deposited by the director of finance in the general fund of the city. Each purchaser shall be issued a receipt upon which shall be shown the date, amount, and description of property. (Code 1962 § 15-4)

9.60.060 Abandoned vehicles.

(a)    No person may abandon a vehicle upon any street, highway, publicly owned parking lot or other public vehicular way.

(b)    No person may abandon a vehicle upon public property without the consent of the person in lawful possession or control of the property.

(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 disposal. The lawful owner of a vehicle as shown by the records of the Department of Public Safety whether or not the owner has complied with the provisions of AS 28.10.271 is considered responsible for the abandonment of the vehicle unless:

(1)    The vehicle was abandoned by a person driving the vehicle without the permission of the recorded owner; or

(2)    The identity of the person abandoning the vehicle is established and the abandonment was done without the consent of the owner.

(d)    A vehicle that has been, or reasonably appears to have been, left unmoved on any street, highway, publicly owned parking lot or other public property for a continuous period of 72 hours and which is any one of the following:

(1)    Partially dismantled;

(2)    Not in a condition under state or municipal law to legally operate on a street or highway;

(3)    Not currently registered or not bearing current registration plates; or

(4)    Left more than 300 feet from the address of the registered owner;

shall be considered abandoned. (Ord. 1221 § 2, 1991)

9.60.065 Impoundment of abandoned vehicles.

(a)    An abandoned vehicle may be impounded by the chief of police or anyone designated by him in accordance with this section and KMC 10.88.090 and 10.88.100. Prior to removal and impoundment under this section the chief of police or his designee shall attempt to give notice to the owner and lienholder as shown by the records of the Alaska Department of Public Safety. Said notice shall be attempted either by personal delivery to the person to be notified or by registered or certified mail, return receipt requested, addressed to the person at his address as shown on the motor vehicle records of the Alaska Department of Public Safety. Notice by personal delivery shall be complete upon delivery and notice by mail shall be deemed complete upon the return of the receipt or upon return of the notice as undelivered, refused or unclaimed. Proof of the giving of notice in either manner may be made by affidavit of the person giving notice by personal delivery or by mail, naming the person to whom the notice was given and specifying the time, place and manner of giving notice. Notice shall also be placed upon the vehicle’s front windshield, or, if the vehicle has no windshield, at some other readily observable location on the vehicle. If the owner/lienholder cannot be determined or located through the records of the Alaska Department of Public Safety, notice placed on the vehicle shall be sufficient for all purposes of this section.

(b)    Notice under this section shall contain:

(1)    The description and location of the vehicle;

(2)    The date of expected removal;

(3)    A statement as to why the vehicle is considered to be abandoned;

(4)    A statement that the vehicle will be removed and impounded at the owner’s/lienholder’s expense unless the vehicle reasonably appears to have been moved within 48 hours;

(5)    A statement that the owner or lienholder may appeal the determination of abandonment by submitting a written request with the police department within 48 hours from the time of delivery of the notice if it is delivered, or within 48 hours from the time the notice is placed on the vehicle if notice is not delivered, and that the vehicle will not be removed or impounded by the city while such appeal is pending. All appeals under this subsection shall be conducted according to KMC 10.88.100(c) and (d).

(c)    If a vehicle remains or appears to remain unmoved for a period of 48 hours after completion of notice and no appeal as described in subsection (b)(5) of this section has been submitted, or the determination of abandonment has been upheld after such appeal, the vehicle may be removed and impounded. In the event the notice is returned as undelivered, the vehicle may be removed and impounded immediately; provided, however, that notice was placed on the vehicle 48 hours prior to the removal. If neither the owner nor the lienholder of the vehicle can be determined by the records of the Department of Public Safety, the vehicle may be removed and impounded if it remains or appears to have remained unmoved for a period of 48 hours after notice is placed on the vehicle. (Ord. 1221 § 3, 1991)

9.60.070 Leaving of wrecked, nonoperating vehicle on street.

No person shall leave any partially dismantled, nonoperating, wrecked or junked vehicle on any street or highway within the city. (Ord. 666, 1965. Code 1962 § 12-30)

9.60.080 Disposition of wrecked or discarded vehicles.

No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked or discarded vehicle to remain on such property longer than four days after notification by certified mail; and no person shall leave any such vehicle on any property within the city for a longer time than four days; except that this section shall not apply with regard to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place or manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city. (Ord. 666, 1965. Code 1962 § 12-31)

9.60.090 Enforcement.

The chief of police or anyone designated by him is hereby authorized to remove or have removed any vehicle left at any place within the city which reasonably appears to be a violation of this chapter. The vehicle shall be impounded until lawfully claimed or disposed of in accordance with KMC 10.88.090 and 10.88.100. (Ord. 666, 1965. Code 1962 § 12-32)

9.60.100 Penalties.

Any person, firm, or corporation who violates any provision of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punished by a fine in an amount not to exceed $300.00. (Ord. 1221 § 4, 1991)