CHAPTER 10.12: ABATEMENT OF ABANDONED VEHICLES
Section
10.12.010 Abandonment unlawful
10.12.020 Presumption of abandonment
10.12.030 Removal of abandoned vehicles
10.12.040 Notice to owners and lienholders
10.12.070 Disposal of abandoned vehicles
10.12.090 Notice and opportunity of hearing
10.12.100 Vehicles constituting a traffic hazard
10.12.110 Violations, enforcement, and penalties
10.12.010 ABANDONMENT UNLAWFUL.
(A) A person may not 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 those purposes located within a service area of the borough.
(B) A person may not abandon a vehicle upon public property owned by or under the control of the borough without the consent of the borough.
(C) A person who abandons a vehicle in a place specified in subsection (A) or (B) is 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 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. 94-001AM, § 10 (part), 1994; Ord. 81-95, § 2 (part), 1981)
10.12.020 PRESUMPTION OF ABANDONMENT.
(A) 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 borough in excess of 72 hours without the consent of the borough 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.
(B) A wrecked or junked vehicle that reasonably appears to have been left standing or parked on land owned or controlled by the borough in excess of 24 hours without the consent of the borough is presumed abandoned.
(1) A “junk vehicle” means a vehicle that:
(a) is not currently registered, except for a vehicle 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: broken glass, missing wheels or tires, missing body panels or parts, or missing drive train parts.
(2) A “wrecked vehicle” means a vehicle that is disabled and cannot be used as a vehicle without substantial repair or reconstruction.
(Ord. 18-070, § 2, 2018: Ord. 81-95, § 2 (part), 1981)
10.12.030 REMOVAL OF ABANDONED VEHICLES.
(A) The borough 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 borough.
(B) A written report of the removal shall be made by the manager immediately following the removal. 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. 94-001AM, § 10 (part), 1994; Ord. 81-95, § 2 (part), 1981)
10.12.040 NOTICE TO OWNERS AND LIENHOLDERS.
(A) The person who stores an abandoned vehicle at the direction of the borough under this chapter shall, within 30 days of receiving the vehicle, give notice to the vehicle owner of record and to any lienholder of record stating the grounds for removal and the place of impoundment of the vehicle, and the right to appeal. If the vehicle 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 a manner prescribed in the rules of court for service of process by publication. Notice to persons under this section shall be given by certified mail, return receipt requested.
(B) Notice for junked or wrecked vehicles subject to destruction by an auto wrecker shall include affixing a tag on the vehicle indicating the vehicle will be disposed of at the owner’s expense. Notice to the wrecked or junk vehicle owner of record and to lienholders of record shall include the earliest date the vehicle will be disposed of. In addition to tagging the vehicle, the borough shall provide notice to the vehicle owner of record and to any lienholder of record stating the grounds for disposing of the vehicle, the date of disposal by auto wrecker, and that the vehicle owner has a right to appeal. If the vehicle 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 a manner prescribed in the rules of court for service of process by publication.
Notice to persons under this section shall be given by certified mail, return receipt requested. The giving of notice by mail is considered complete upon the return of the receipt or upon return of the notice as undeliverable, refused, or unclaimed.
(Ord. 18-070, § 3, 2018: Ord. 81-95, § 2 (part), 1981)
10.12.050 VESTING OF TITLE.
Title to an impounded vehicle not reclaimed by the registered owner, any lienholder, or other person entitled to possession within 30 days from the notice given to the owner under this chapter vests with the borough, subject only to any storage or towing lien.
(Ord. 81-95, § 2 (part), 1981)
10.12.060 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. 81-95, § 2 (part), 1981)
10.12.070 DISPOSAL OF ABANDONED VEHICLES.
(A) Upon satisfaction of the notice and reporting requirements of this chapter, a vehicle may be disposed of by an auto wrecker or by public auction 20 days after notice of the auction or disposal by auto wrecker is published in a newspaper of general circulation in the borough. A notice shall describe the abandoned vehicle and specify the place, date and time at which it will be sold or disposed of by auto wrecker. A copy of the notice of auction or notice of disposition by auto wrecker shall be sent to the Alaska State Department of Public Safety.
(B) A vehicle disposed of under this section shall be registered and titled by the state of Alaska, unless the vehicle is junked and cannot be driven.
(C) Notwithstanding this section, the borough may initiate a civil action against the person considered responsible for the abandonment and recover costs exceeding receipts for disposal of the vehicle.
(D) Wrecked or junk vehicles left unattended on borough-owned or controlled land without the consent of the borough are subject to disposal after providing the notice set forth in MSB 10.12.040 and 20 days after providing notice the vehicle is subject to disposal by publication in a newspaper of general circulation in the borough.
(Ord. 18-070, § 4, 2018: Ord. 94-001AM, § 10 (part), 1994; Ord. 81-95, § 2 (part), 1981)
10.12.080 DISPOSAL FACILITIES.
The borough shall designate one or more appropriate areas within the borough for disposal of abandoned vehicles. This information shall be made available to the public.
(Ord. 81-95, § 2 (part), 1981)
10.12.090 NOTICE AND OPPORTUNITY OF HEARING.
An owner and any lienholder of an abandoned vehicle disposed of under this chapter shall be entitled to an administrative hearing as soon as possible after the removal of the vehicle or before disposal of a junk or wrecked vehicle. Hearings shall be informal and technical rules of evidence do not apply. A person who requests a hearing may retain an attorney if the person desires. The hearing officer shall be appointed by the manager. Proceedings of the hearing shall be recorded. The hearing officer shall state on the record the evidence relied on and the reasons for the officer’s determination.
(Ord. 18-070, § 5, 2018: Ord. 94-001AM, § 10 (part), 1994; Ord. 81-95, § 2 (part), 1981)
10.12.100 VEHICLES CONSTITUTING A TRAFFIC HAZARD.
(A) This chapter may not prevent the borough, 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 borough 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. 94-001AM, § 10 (part), 1994; Ord. 81-95, § 2 (part), 1981)
10.12.110 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
(A) Except as otherwise specified in this chapter violations of this chapter are infractions.
(B) Remedies, enforcement actions, and penalties shall be consistent with the terms and provisions of MSB 1.45.
(Ord. 95-088(SUB)(am), § 20 (part), 1995)