Chapter 8.25
IMPOUNDMENT OF VEHICLES
Sections:
8.25.010 Presumption of abandonment.
8.25.020 Removal of abandoned vehicles.
8.25.030 Removal of junk vehicles.
8.25.040 Notice to be given to owner.
8.25.050 Disposition of motor vehicles and junk vehicles removed under this chapter.
8.25.070 Waiver of claims for damages and liability.
8.25.010 Presumption of abandonment.
(a) It is unlawful for a person to leave unattended a motor vehicle on the traveled portion or within ten feet of the traveled portion of a highway in excess of forty-eight consecutive hours.
(b) It is unlawful for a person to leave unattended a motor vehicle on the private property of another in excess of twenty-four consecutive hours or on public property, other than a highway, in excess of thirty consecutive days.
(c) It unlawful to leave unattended any motor vehicle on a highway such that it disrupts the normal flow of traffic on the highway or impedes or interferes with emergency vehicle operation.
(d) Motor vehicles left unattended in violation of subsection (a), (b) or (c) of this section shall be presumed to be abandoned. (Ord. O-93-6-6 § 1 (part), 1994)
8.25.020 Removal of abandoned vehicles.
(a) A police officer of the Nome police department or representative of the Nome police department may remove or have removed to a place of storage a vehicle presumed to be abandoned under Section 8.25.010 of this chapter.
(b) Removal of a motor vehicle left unattended on private property in violation of Section 8.25.010 shall be upon the written request of the property owner or person in lawful possession or control of the property on a form prescribed by the Nome police department.
(c) An officer of the Nome police department or representative of the Nome police department may remove a motor vehicle, not otherwise presumed to be abandoned under this chapter, when that motor vehicle has been involved in criminal activity and it is necessary to remove the motor vehicle in order to prevent a violation of Section 8.25.010 of this chapter or to insure the safety of the motor vehicle. (Ord. O-93-6-6 § 1 (part), 1994)
8.25.030 Removal of junk vehicles.
(a) It is unlawful to store, keep or maintain any junk vehicle upon public or private property such that it creates a public nuisance, a public health or safety hazard or an attraction to children.
(b) Any junk vehicle stored, kept or maintained in violation of subsection (a) of this section may be subject to removal by the Nome police department.
(c) At least thirty days prior to the date a junk vehicle is removed pursuant to this section, a notice shall be sent to the registered owner of record, lien holders of record and any other party known to have an ownership interest in the junk vehicle, informing the person or party that the vehicle shall be removed and disposed of within thirty days or the city will remove the junk vehicle at the owner’s or party’s expense. (Ord. O-93-6-6 § 1 (part), 1994)
8.25.040 Notice to be given to owner.
(a) Within ten days from the date a motor vehicle or junk vehicle was removed pursuant to Section 8.25.020 or 8.25.030, notice shall be provided to the registered owner of record, lien holders of record and any party known to have an ownership interest in the motor vehicle or junk vehicle.
(b) The notice required by this section shall contain the following:
(1) A description of the motor vehicle or junk vehicle and any property therein;
(2) The date, time and place of removal;
(3) The location to which the motor vehicle or junk vehicle has been or will be removed for storage;
(4) A statement that unless the right to possession of the motor vehicle is established to the satisfaction of the chief of police of the Nome police department or his designee and the vehicle reclaimed within thirty days from the date of mailing or publication of the notice, or unless arrangements are made for the storage of the motor vehicle within the thirty-day period, the vehicle and its contents may be sold at public auction, or if the vehicle is inoperable or is worth less than two hundred dollars, as determined by the current edition of the National Automobile Dealer’s Association Blue Book, the motor vehicle or junk vehicle may, at the discretion of the Nome police department, be destroyed;
(5) A statement that the registered owner or other party to which the notice is sent may at any time during the thirty-day period request a hearing before the chief of police of the Nome police department, or chief’s designee, concerning whether the vehicle was or is subject to removal under this chapter or concerning any amounts due the city; and
(6) A statement that the registered owner, lien holder or other person with an ownership interest may, pursuant to Section 8.25.060, apply for any funds remaining after sale of a removed vehicle.
(c) Adequate notice for purposes of this chapter shall be given, either by delivering the notice in person to the person to be notified or by registered or certified mail, return receipt requested, addressed to the person at the address of the person as shown in the records of the Motor Vehicle Division of the Department of Public Safety in the state of Alaska. If the motor vehicle is not registered in the state of Alaska or the name and address of the registered or legal owner or lien holder cannot be ascertained, notice shall be given by publication in the manner prescribed in Alaska Rule of Civil Procedure 4(e)(2). (Ord. O-93-6-6 § 1 (part), 1994)
8.25.050 Disposition of motor vehicles and junk vehicles removed under this chapter.
(a) Upon the expiration of the thirty-day period set forth in Section 8.25.040, the title to a motor vehicle or junk vehicle removed under this chapter vests in the city.
(b) If a motor vehicle or junk vehicle removed pursuant to the provisions of this chapter is not redeemed within the thirty-day period set forth in Section 8.25.040, the chief of police of the Nome police department shall publish in a newspaper of general circulation within the city notice of public auction for disposal of the removed motor vehicle or junk vehicle. Such public auction shall be held when, in the discretion of the chief of police, such sale can be conducted in the most cost efficient manner, but in no event less than once per year.
(c) The notice of public auction shall contain a description of the vehicle, the name of the registered owner, if known, and a provision stating that the vehicle described shall be sold to the highest responsible bidder by closed, sealed bid, and a certificate of sale issued for the vehicle sold.
(d) Such auction may be held not less than twenty days following the date of publication of the notice of public auction.
(e) A person who presents satisfactory proof of ownership, right to possession or of a lien or other legal or equitable interest may redeem a vehicle removed under this chapter at any time before an auction under this section by paying the accrued charges for towing, storage, notice, other costs of removal and any applicable penalty imposed by law.
(f) Vehicles not redeemed by persons identified in subsection (e) of this section and not sold at public auction and those which are deemed inoperable or worth less than two hundred dollars according to the current edition of the National Automobile Dealer’s Association Blue Book may, without further notice, be destroyed. When such a vehicle is destroyed, the chief of police shall notify the Alaska Department of Public Safety, Division of Motor Vehicles, of the vehicle’s destruction.
(g) The Nome police department shall keep a record of all vehicles and junk vehicles, including the date, time and place of removal, a description of the vehicle and its contents, its estimated retail value, the vehicle’s operating condition, the cause for which the vehicle was removed, the location where the vehicle is stored, the date of redemption if redeemed, the amount paid upon redemption, the date of and means of notice to the owner or other party required to receive notice under this chapter, the date of notice of sale, record of sale, price paid and the name of purchaser, or of other means of disposal. Such records shall be kept for a period of four years and thereafter will be destroyed by the department.
(h) Nothing in this section shall impair any lien rights created under AS 28.11.090. (Ord. O-93-6-6 § 1 (part), 1994)
8.25.060 Recovery of costs.
(a) All proceeds from the sale of removed vehicles shall be forwarded to the city. All costs of removing, storing, selling and destroying removed vehicles, including court costs, may be charged or assessed by the city against the vehicle, the registered owner of the vehicle, and any person who has acquired an ownership interest in the vehicle from or through the registered owner. Any funds that are remaining after all of the above-mentioned costs have been accounted for, will remain in a separate account, and any owner or lien holder that has a legal right to funds remaining from the sale of a particular vehicle shall have sixty days after the date of the sale to file a claim for those funds, and if no claim is filed, the funds will become the property of the city.
(b) Any costs incurred by the city and not recovered through sale of the vehicle shall be assessed against the real or personal property of the registered owner of the removed motor vehicle or junk vehicle in the same manner as real or personal property taxes. (Ord. O-93-6-6 § 1 (part), 1994)
8.25.070 Waiver of claims for damages and liability.
(a) Should a vehicle purchased at auction pursuant to Section 8.25.050 be damaged or destroyed prior to release, the purchaser’s remedy is limited to a return of the purchase price.
(b) The city makes no warranties expressed or implied, regarding the vehicles sold at auction and is in no way liable for any defects, latent or patent, in any vehicle sold at auction. (Ord. O-93-6-6 § 1 (part), 1994)
8.25.080 Definitions.
Unless otherwise expressly stated in this chapter:
“Abandoned vehicle” means a motor vehicle left unattended in violation of Section 8.25.010 of this chapter.
“Highway” means the entire width between the boundary lines of every way that is publicly maintained when a part of it is opened to the public for purposes of travel by motor vehicle, including but not limited to every street.
“Impounded vehicle” means any motor vehicle which has been taken into the possession of an authorized person or company because the vehicle was left unattended in violation of Section 8.25.010 of this chapter.
“Junk vehicle” means any motor vehicle that has been wholly or partially dismantled, wrecked or is otherwise inoperable and does not have a current motor vehicle registration in this or any other state.
“Motor vehicle” means a vehicle which is self propelled except a vehicle moved by human or animal power.
“Vehicle” means a junk vehicle or motor vehicle removed under this chapter. (Ord. O-93-6-6 § 1 (part), 1994)