HomeMy WebLinkAbout2015-02-25 Planning & Zoning Packet - Work SessionAGENDA
CITY OF KENAI
PLANNING & ZONING COMMISSION
WORK SESSION
February 25, 2015
6 p.m. — 7 p.m.
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Commission Discussion
v Review proposed Ordinance to Amend Abandoned Vehicles Code, Chapter 12.25
*Public Participation: Public comments will be allowed on a limited basis throughout
the review.
5. Adjournment
Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated.
The Commission may relax this restriction.
m
11I/'llaye with a Past, Gc� with a Frfture
MEMORANDUM:
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 tllllt
COUNCIL REFERRED TO: - � 9j2 1
Date: 1 -a 1-15
Return By: Rp} ' ' o]
O: Rick Koch, City Manager
FROM: Matt Kelley, City Planner
DATE: January 21, 2015
SUBJECT: Information Item, Abandoned Vehicle Code Amendments
The purpose of this memorandum is to introduce an Informational Item for the City
Council.
The City has had some difficulty in enforcing the Abandoned Vehicle Ordinance due to
the way it is currently written. To provide for better enforcement of the code, staff is
proposing amendments to Kenai Municipal Code 12.25, ABANDONED VEHICLES.
Staff recommends that the title of the chapter should be revised to say ABANDONED
AND JUNK VEHICLES. A definition of an abandoned vehicle should be placed in the
code's definition section to read: "Abandoned vehicle" means a vehicle left unattended
on a street, highway, or other public property for a period in excess of seventy -two (72)
hours, unless otherwise specifically permitted by City ordinance or regulation."
Staff also recommends that the definition of a junk vehicle contained in Section
12.25.03(f) be revised so that subsection (1) reads as follows: "In a condition which
exhibits at two (2) or more of the following elements: subsection (1)(i)says: " A
substantial amount of broken or missing glass ". The revision is: Broken or missing
window, headlight or taillight and a new subsection (1)(v) to read: Is no_ t c_ u_rentl_v
registered to operate on public roads of City or State except for certain recreational
vehicles not required to be registered under State law or City code. Staff also
recommends that this definition be moved to the definition section of this Chapter.
Section 12.25.030(d) of the Code states: "Notwithstanding KMC12.25.030(c), no vehicle
may be removed from private property without the consent of the property owner or
occupant." Staff recommends that this code provision be removed because it restricts
the ability of the City to enforce the abandoned vehicle code.
Thank you for your consideration.
Attachment: Proposed Ordinance, KMC 12.25 Abandoned and Junk Vehicles
Suggested by:
CITY OF KENAI
ORDINANCE NO. " -2015
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 12.25 - ABANDONED VEHICLES, TO AMEND THE
ORDINANCE TITLE TO INCLUDE JUNK VEHICLES AND FURTHER DEFINE THE
DEFINITION OF "ABANDONED VEHICLE" AND "JUNK VEHICLE ". ALSO AMEND
CITY DESIGNEE WHO IS RESPONSIBLE FOR ENFORCMENT.
WHEREAS, Title 12 Health and Safety. Chapter 12.25 of the Kenai Municipal Code is
titled Abandoned Vehicles; and,
WHEREAS, the City of Kenai has adopted ordinances prohibiting owners of private
property from leaving abandoned vehicles on the property that are considered "junk
vehicles" for longer than 72 hours except under certain circumstances; and,
WHEREAS, the City of Kenai definitions do not include definitions for "Abandoned
Vehicle" and "Junk Vehicle" and definitions should be included to identify vehicles
which may be considered an abandoned or junk vehicle; and,
WHEREAS, the Municipal Code should provide for provisions to determine if a vehicle
is considered Abandoned or Junk Vehicle; and
WHEREAS the definition of an Abandoned or Junk Vehicle should include vehicles
that are inoperable and incapable of performing the function for which they were
manufactured.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Chanter 12.25 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 12.25 - Abandoned Vehicles, is hereby amended as follows:
Chapter 12.25 ABANDONED AND JUNK VEHICLES
12.25.010 Definitions.
The following definitions shall apply in the interpretation and enforcement of
uUicrwibC s CUMCauv permlLted Dv uity ordinance or regulation
(b) "Junk Vehicle" means a motor vehicle that is:
(1) In a condition which exhibits one (1) or more of the following
elements:
[i) Is not currently registered
(ii) Is Inoperable
(iii) Is missing a major component such as the engine transmission
axle, differential, transfer case, front driver seat or steering wheel
[iv) The cost of repairs required to make the vehicle operable exceeds
the fair market value of the vehicle or
2) In a condition which exhibits two (2) or more of the following
elements:
(i) Missing windshield or windows
(ii) Missing two (2) or more wheels or tires or has two or more flat
[AI(c), "Person" [SHALL] means any person, firm, partnership, association,
corporation, company, or organization of any kind.
[BI(d) "Vehicle" [SHALL] means a machine 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 shall include,
without limitation, automobile, truck, trailer, motorcycle, tractor, buggy, and
wagon.
[CJ(e) "Street or highway" [SHALL] 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 the purposes of vehicular travel.
[DI "Property" [SHALL] means any real property within the City which is not a street
or highway.
12.25.020 Abandonment of [v [Vehicles.
No person shall [ABANDON ANY) leave an abandoned vehicle within the City,
[AND NO PERSON SHALL LEAVE ANY VEHICLE AT ANY PLACE WITHIN THE CITY
FOR SUCH TIME AND UNDER SUCH CIRCUMSTANCES AS TO CAUSE SUCH
VEHICLE REASONABLY TO APPEAR TO HAVE BEEN ABANDONED.]
12.25.030 Leaving of [[]Junk or U111legally [p]Parked [v]Vehicles.
(a) No person shall leave any junk vehicle on any street, highway, or public
property within the City.
(b) No person shall leave any vehicle remaining on public property designated for
parking in violation of regulations, ordinances, and /or posted times, periods, or
conditions. Any such vehicle shall be subject to emergency impounding
procedures pursuant to KMC 12.25.040(c).
(c) No person in charge or control of any property within the City, whether as
owner, tenant, occupant, lessee, or otherwise, shall allow any junk vehicle to
remain on such property longer than thirty (30) daysISEVENTY -TWO (72)
HOURS]; and no person shall leave any such vehicle on any property within the
City for a longer time than thirty (30) days[SEVENTY -TWO (72) HOURS]; except
that this ordinance shall not apply with regard to a vehicle in an enclosed
building or completely screened from public view and adjacent properties: a
vehicle on the premises of a business enterprise operated in a lawful place and
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.
RD) NOTWITHSTANDING KMC 12.25.030(C), NO VEHICLE MAY BE REMOVED
FROM PRIVATE PROPERTY WITHOUT THE CONSENT OF THE PROPERTY
OWNER OR OCCUPANT.]
(E](d) Notwithstanding the provisions of subsection (c) of this section, if the City
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 public view while repairs are
being performed, the City Manager may authorize a period of no more than
thirty (30) additional 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.
((F) "JUNK VEHICLE" MEANS A MOTOR VEHICLE THAT IS:
(1) IN A CONDITION WHICH EXHIBITS TWO (2) OF THE FOLLOWING
ELEMENTS:
(I) A SUBSTANTIAL AMOUNT OF BROKEN OR MISSING GLASS,
(II) MISSING TWO (2) OR MORE WHEELS OR TIRES,
(III) MISSING A BODY PANEL OR BODY PART, SUCH AS QUARTER
PANELS, BUMPER, TRUNK LID OR HOOD,
(IV) MISSING AN ESSENTIAL COMPONENT SUCH AS THE ENGINE,
TRANSMISSION, CARBURETOR, DISTRIBUTOR, BRAKE OR
WHEEL CYLINDER, BRAKE SHOE, GENERATOR, OR
ALTERNATOR, STARTER, FRONT PASSENGER SEAT, OR DRIVE
SHAFT; OR
(2) STRIPPED, WRECKED OR OTHERWISE INOPERABLE DUE TO
MECHANICAL FAILURE; OR
(3) 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.)
12.25.040 Storage
(a) Junk vehicles may be stored in a back or side yard subject to the following
restrictions.
(3) Any stored vehicle must be covered with a cover designed for covering
vehicles.
(4) Vehicles may only be stored on a property that has an gdsting Principal
permitted use.
(5) Vehicles may not be stored in a front yard.
(1) Vehicle repair must take place within an enclosed structure or in the
driveway immediately adiacent to the residence or garage
screened from public view.
(4) Vehicle repair is not allowed within the public right- of -way.
12.25.0[4]60 Impounding.
(a) The [CHIEF OF POLICE] City Manager or [ANY MEMBER OF HIS OR HER
DEPARTMENT DESIGNATED BY HIM OR HER) designee is hereby authorized
to remove or have removed any vehicle left at any place within the City which
reasonably appears to be in violation of any regulation or ordinance or lost,
stolen, or unclaimed. Such vehicle shall be impounded until lawfully claimed
or disposed of in accordance with this chapter.
(b) Where an abandoned, wrecked, non - operating, illegally parked or discarded
vehicle presents no obstruction or hazard and is properly registered and
licensed, so that the owner or other interested persons can be notified, the
[CHIEF OF POLICE] City Manager, or designee shall give notice by personal
service or certified mail with return receipt requested to the owner and /or
interested person stating:
(1) A description of the vehicle;
(2) The violation or reason for police action;
(3) The proposed action to be taken;
(4) The right of the person notified to a hearing with, and an opportunity to be
heard by the [CHIEF OF POLICE] City Manager or designee in order that the
proposed action or amount due may be contested;
(5) That said vehicle will be towed, impounded, and /or disposed of if unclaimed
for a period of thirty (30) days after notice is sent.
(c) Where an abandoned, wrecked, non - operating, illegally parked, or discarded
vehicle presents an obstruction or hazard, or an emergency exists, and said
vehicle is impounded or towed, notice of the type, and to the extent, set forth in
KMC 12.25.0[4]60 shall be given as soon as practical after towing or impound.
(d) Where the owner or other interested person cannot be readily ascertained,
notice by publication shall be given subsequent to towing or impound and prior
to sale or other disposal.
(e) The [CHIEF OF POLICE] City Manager shall keep a record of all vehicles
impounded, containing date of impounding, description of vehicle and
conte[S]nts therein, cause for which impounded, and other information deemed
pertinent.
12.25.0[5]70 Redemption of [i]Impounded [v]Vehicles.
(a) After a vehicle has been impounded as provided by regulation or ordinance and
the owner or authorized representative of the owner of the vehicle claims the
same, he or she shall be informed of the nature and circumstances causing the
impoundment of such vehicle and to obtain release thereof shall pay all towing
and storage fees unless pursuant to KMC 12.25.0[4]60 it is administratively
determined that the action taken was unwarranted, in which case the vehicle
shall be released immediately to the owner without collection of fees or other
charges.
(b) If the operator or owner of the vehicle, upon hearing before a judge, is found not
guilty of the violation of which he or she is charged, the impounded vehicle
shall be released immediately to the owner without collection of fees or other
charges. If the owner or operator of such vehicle is found guilty by the judge,
any fine imposed under the provisions of the appropriate section of this title
shall be in addition to the towing and storage charges herein prescribed.
(c) A vehicle is declared to be impounded when an authorized person, pursuant to
and under authority of this title, requests dispatch of a tow truck to effect the
impoundment. A person whose vehicle has been impounded may obtain the
release of the impounded vehicle, if towing has not commenced, by paying the
tow contractor the tariffed or contract rate as provided for canceled trips,
provided that such impoundment is one where the owner is entitled to release
of the vehicle. This section has no effect on a citation, ticket, or complaint that
may be issued in connection with the impoundment.
12.25.0[6]80 Disposition— Destruction.
(a) If the [CHIEF OF POLICE] City Manager or designee determines that an
abandoned vehicle impounded pursuant to this chapter has been scrapped,
dismantled, or destroyed beyond repair as provided in AS 28.10.221(a)(2), and
AS 28.10.051(x)(3), or if he or she determines that because of the age and
condition of the vehicle it is no longer of significant value, he or she may
dispose of it by crushing or other means of destruction upon the expiration of
the thirty (30) day period required by KMC 12.25.0[4160.
(b) The City may also dispose of junk vehicles at the written request of the
registered owner of the vehicle or person in lawful possession or control of the
vehicle. This written request shall be on a form prescribed by the City.
12.25.0[7]90 Sale of [i]Impounded [v]Vehicles.
When a vehicle has been impounded for violations of this title, the (CHIEF OF
POLICE] City Manager or designee or designated agent shall send a notice by certified
mail to both the legal and registered owner of the vehicle, if different persons, when
the name of the owner or owners can be ascertained by checking the records of the
Alaska Department of Public Safety. The notice shall accurately describe the vehicle
and any property therein, give the date the vehicle was impounded and state that
unless the vehicle is reclaimed within thirty (30) days from the date of the notice, it
will be disposed of pursuant to State law.
12.25.[08]100 Waiver of [c]Claims for [d]Damages.
An owner of an abandoned, discarded or illegally parked vehicle, waives any
claims he or she may have for damage to his or her vehicle which may result from
actions taken pursuant to this chapter. Such damage includes, but is not limited to,
accidental damage or destruction occasioned by removal, transport, storage, and acts
of third parties.
12.25.[091110 Penalty.
A person who violates KMC 12.25.020 or KMC 12.25.030 of this chapter, upon
conviction, is punishable by a fine as provided for violations in KMC 13.05.010.
Section 3. Severabilitv: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2015.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance:
PAT PORTER, MAYOR
Introduced: *, 2015
Adopted: *, 2015
Effective: *, 2015
1 /sr�1s CURRENT ABANDONED VEHICLE CODE
Title 12 HEALTH AND SAFETY
Chapter 12.25 ABANDONED VEHICLES
12.25.010 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
(a) "Person" shall mean any person, firm, partnership, association, corporation, company, or organization
of any kind.
(b) "Vehicle" shall mean a machine 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 shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy, and wagon.
(c) "Street or highway" shall mean 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 the purposes of vehicular travel.
(d) "Property" shall mean any real property within the City which is not a street or highway.
(Ord. 874)
12.25.020 Abandonment of vehicles,
No person shall abandon any vehicle within the City and no person shall leave any vehicle at any place
within the City for such time and under such circumstances as to cause such vehicle reasonably to appear to
have been abandoned. (Ord. 874)
12.25.030 Leaving of junk or illegally parked vehicles.
(a) No person shall leave any junk vehicle on any street, highway, or public property within the City.
(b) No person shall leave any vehicle remaining on public property designated for parking in violation of
regulations, ordinances, and/or posted times, periods, or conditions. Any such vehicle shall be subject to
emergency impounding procedures pursuant to KMC 12.25.040(c).
(c) No person in charge or control of any property within the City, whether as owner, tenant, occupant,
lessee, or otherwise, shall allow any junk vehicle to remain on such property longer than seventy-two (72)
hours; and no person shall leave any such vehicle on any property within the City for a longer time than
seventy-two (72) hours; except that this ordinance 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 and 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.
(d) Notwithstanding KMC 12.25.030(c), no vehicle may be removed from private property without the
consent of the property owner or occupant.
(e) Notwithstanding the provisions of subsection (c) of this section, if the City 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
public view while repairs are being performed, the City Manager may authorize a period of no more than
thirty (30) days for the performance of such repairs. In no case, however, may this section be construed as
http.// www. acode .us /cDdes/kenaiNiew.DhD?tcdi 12 -12 258shcrwAll= axfra..,� =..,,
115/2J15 Chapter 12.25ABANDONED VEHICLES
authorizing the operation of a junkyard or other salvage or repair business where other requirements of the
law have not been met.
(f) "Junk vehicle" means a motor vehicle that is:
(1) In a condition which exhibits two (2) of the following elements:
(i) A substantial amount of broken or missing glass,
(ii) Missing two (2) or more wheels or tires,
(iii) Missing a body panel or body part, such as quarter panels, bumper, trunk lid or hood,
(iv) Missing an essential component such as the engine, transmission, carburetor, distributor,
brake or wheel cylinder, brake shoe, generator, or alternator, starter, front passenger seat, or
drive shaft; or
(2) Stripped, wrecked or otherwise inoperable due to mechanical failure; or
(3) 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.
(Ords. 874, 1803 -98, 2560 -2011)
12.25.040 Impounding.
(a) The Chief of Police or any member of his or her Department designated by him or her is hereby
authorized to remove or have removed any vehicle left at any place within the City which reasonably
appears to be in violation of any regulation or ordinance or lost, stolen, or unclaimed. Such vehicle shall be
impounded until lawfully claimed or disposed of in accordance with this chapter.
(b) Where an abandoned, wrecked, non- operating, illegally parked or discarded vehicle presents no
obstruction or hazard and is properly registered and licensed, so that the owner or other interested persons
can be notified, the Chief of Police, or designee shall give notice by personal service or certified mail with
return receipt requested to the owner and/or interested person stating:
(1) A description of the vehicle;
(2) The violation or reason for police action;
(3) The proposed action to be taken;
(4) The right of the person notified to a hearing with, and an opportunity to be heard by the Chief of
Police or designee in order that the proposed action or amount due may be contested;
(5) That said vehicle will be towed, impounded, and/or disposed of if unclaimed for a period of
thirty (30) days after notice is sent.
(c) Where an abandoned, wrecked, non - operating, illegally parked, or discarded vehicle presents an
obstruction or hazard, or an emergency exists, and said vehicle is impounded or towed, notice of the type,
and to the extent, set forth in KMC 12.25.040 shall be given as soon as practical after towing or impound
(d) Where the owner or other interested person cannot be readily ascertained, notice by publication shall
be given subsequent to towing or impound and prior to sale or other disposal.
(e) The Chief of Police shall keep a record of all vehicles impounded, containing date of impounding,
description of vehicle and contests therein, cause for which impounded, and other information deemed
pertinent.
(Ord. 874)
12.25.050 Redemption of impounded vehicles.
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1/5/2015 Chapter 12.25 ABANDONED VEHICLES
(a) After a vehicle has been impounded as provided by regulation or ordinance and the owner or
authorized representative of the owner of the vehicle claims the same, he or she shall be informed of the
nature and circumstances causing the impoundment of such vehicle and to obtain release thereof shall pay
all towing and storage fees unless pursuant to KMC 12.25.040 it is administratively determined that the
action taken was unwarranted, in which case the vehicle shall be released immediately to the owner
without collection of fees or other charges.
(b) If the operator or owner of the vehicle, upon hearing before a judge, is found not guilty of the
violation of which he or she is charged, the impounded vehicle shall be released immediately to the owner
without collection of fees or other charges. If the owner or operator of such vehicle is found guilty by the
judge, any fine imposed under the provisions of the appropriate section of this title shall be in addition to
the towing and storage charges herein prescribed.
(c) A vehicle is declared to be impounded when an authorized person, pursuant to and under authority of
this title, requests dispatch of a tow truck to effect the impoundment. A person whose vehicle has been
impounded may obtain the release of the impounded vehicle, if towing has not commenced, by paying the
tow contractor the tariffed or contract rate as provided for canceled trips, provided that such impoundment
is one where the owner is entitled to release of the vehicle. This section has no effect on a citation, ticket,
or complaint that may be issued in connection with the impoundment.
(Ord. 874)
12.25.060 Disposition— Destruction.
(a) If the Chief of Police or designee determines that an abandoned vehicle impounded pursuant to this
chapter has been scrapped, dismantled, or destroyed beyond repair as provided in AS 28.10.221(a)(2), and
AS 28.10.051(a)(3), or if he or she determines that because of the age and condition of the vehicle it is no
longer of significant value, he or she may dispose of it by crushing or other means of destruction upon the
expiration of the thirty (30) day period required by KMC 12.25.040.
(b) The City may also dispose of junk vehicles at the written request of the registered owner of the
vehicle or person in lawful possession or control of the vehicle. This written request shall be on a form
prescribed by the City.
(Ord. 874)
12.25.070 Sale of impounded vehicles.
When a vehicle has been impounded for violations of this title, the Chief of Police or designated agent shall
send a notice by certified mail to both the legal and registered owner of the vehicle, if different persons, when
the name of the owner or owners can be ascertained by checking the records of the Alaska Department of Public
Safety. The notice shall accurately describe the vehicle and any property therein, give the date the vehicle was
impounded and state that unless the vehicle is reclaimed within thirty (30) days from the date of the notice, it
will be disposed of pursuant to State law. (Ord. 874)
12.25.080 Waiver of claims for damages.
An owner of an abandoned, discarded or illegally parked vehicle, waives any claims he or she may have
for damage to his or her vehicle which may result from actions taken pursuant to this chapter. Such damage
includes, but is not limited to, accidental damage or destruction occasioned by removal, transport, storage, and
acts of thud parties. (Ord. 874)
12.25.090 Penalty.
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1/5/2015
Chapter 12.25 ABANDONED VEHICLES
A person who violates KMC 12.25.020 or 12.25.030 of this chapter, upon conviction, is punishable by a
fine as provided for violations in KMC 13.05.010. (Ords. 874, 1240)
View the mobile version.
http: /Avww.gcode.us/ codes /kmai /vim.php?toPic =12 -12 25&sh0vAII =1&fram Pc =nn
Sponsored by: Council Member Mike Boyle
fy« °h�f CITY OF KENAI
ORDINANCE NO. 2560 -2011
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE SECTION 12.25.030, "LEAVING OF JUNKED OR
ILLEGALLY PARKED VEHICLES," TO AMEND THE DEFINITION OF WHAT IS A "JUNK
VEHICLE."
WHEREAS, the City has adopted ordinances prohibiting owners of private property
from leaving vehicles on the property that are considered "junk vehicles" for longer
than 72 hours except under certain circumstances; and,
WHEREAS, the City's definition of "junk vehicle" includes vehicles that are not current
in their registration with the State of Alaska, even if the vehicle is parked on the
property owner's driveway and is not in obvious disrepair; and,
WHEREAS, in Alaska, it is a common practice for vehicle owners to allow registration
to lapse when they are not operating a vehicle on the roadways and occupants of
private property should be permitted to make decisions about where to properly store
vehicles otherwise operational on their property; and,
WHEREAS, law enforcement officers enforce the State's vehicle registration laws and
cite drivers who operate vehicles on roadways where the driver's vehicle is not current
in its registration.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Section 12.25.030 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 12.25.030, Leaving of junked or illegally parked vehicles, is
hereby amended as follows:
12.25.030 Leaving of junked or illegally parked vehicles.
(a) No person shall leave any junk[ED] vehicle on any street, highway, or public
property within the City.
(b) No person shall leave any vehicle remaining on public property designated for
parking in violation of regulations, ordinances, and /or posted times, periods, or
conditions. Any such vehicle shall be subject to emergency impounding procedures
pursuant to KMC 12.25.040(c).
New Text Underlined; (DELETED TEXT BRACKFTEDi
Ordinance No. 2560 -2011
Page 2 of 3
(c) No person in charge or control of any property within the City, whether as
owner, tenant, occupant, lessee, or otherwise, shall allow any junk[ED] vehicle to
remain on such property longer than seventy -two (72) hours; and no person shall
leave any such vehicle on any property within the City for a longer time than seventy-
two (72) hours; except that this ordinance 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 and 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.
(d) Notwithstanding KMC 12.25.030(c), no vehicle may be removed from private
property without the consent of the property owner or occupant.
(e) Notwithstanding the provisions of subsection (c) of this section, if the City
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 public view while repairs are being performed, the City
Manager may authorize a period of no more than thirty (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.
(f) "Junk vehicle" means a motor vehicle that is:
(1) [NOT CURRENTLY REGISTERED FOR OPERATION UPON THE PUBLIC
ROADS OF THE CITY; OR
(2)] In a condition which exhibits two (2) of the following elements:
(i) A substantial amount of broken or missing glass;
(ii) Missing two (2) or more wheels or tires;
(iii) Missing a body panel or body part, such as quarter panels, bumper,
trunk lid or hood;
(iv) Missing an essential component such as the engine, transmission,
carburetor, distributor, brake or wheel cylinder, brake shoe, generator, or alternator,
starter, front passenger seat, or drive shaft; or
([3]2) Stripped, wrecked or otherwise inoperable due to mechanical failure; or
New Text Underlined; [DELETED TEXT
Ordinance No. 2560 -20i1
Page 3 of 3
([4]�a) 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.
((g) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER SUBSECTION
(F)(1) OF THIS SECTION THAT THE MOTOR VEHICLE IS USED ONLY FOR MOTOR
VEHICLE RACING AND HAS BEEN IN A LEGAL COMPETITIVE RACING EVENT
WITHIN THE PRECEDING ONE (1) YEAR,)
Section 3. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of
August, 2011.
PAT PORTER, MAYOR
ATTEST:
S k3?
Corene Hall, Deputy City Clerk
Introduced: June 1, 2011
Second Reading: June 15, 2011
Postponed: July 20, 2011
Adopted: August 17, 2011
Effective: September 16, 2011
New Tent Underlined; DELETED TEXT BRAOXETEDj
C !�
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611 -7794
TELEPHONE 907 -283 -7535
FAX 907- 283 -3014
rega,
II�'61
MEMORANDUM
TO: Planning & Zoning Commission ; yt
FROM: Cary R. Graves, City Attorney
DATE: October 8, 1998
RE: Amendment to WC 12.25.030 - Junk Car Ordinance
Attached is a draft of a revision to the "junk car" ordinance KMC 12.25.030. The current ordinance
was challenged in Roder v. Kenai on the grounds that it was unconstitutionally vague. The Court of
Appeals held the ordinance was constitutional —but just barely. The court did not think the
ordinance provided a clear definition of what a junk or non - operating car was. It required the
District Court to make specific, factual findings as to what made the car in question "non -
operating."
That requirement has made proof of violations of the current KMC 12.25.030 much more difficult.
The amendments are designed to set clear standards as to what constitutes a "junk vehicle," thereby
making enforcement easier and more efficient. It would also provide the public with dearer notice
as to what is not allowable.
If you have any questions regarding the proposed changes, please feel free to stop by my office here
at City Hall or give me a call.
CRG /sp
SUBSTITUTE
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 1803 -98
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE CITY CODE AT KMC 12.25.030 TO MORE CLEARLY DEFINE "JUNK VEHICLE."
WHEREAS, KMC 12.25.030 currently does not set clear standards as to what
constitutes a junk vehicle; and
WHEREAS, it is in the best interest of the City of Kenai to design clear standards so
enforcement will be easier and more efficient; and
WHEREAS, a better definition of a junk vehicle will provide the public with clearer
notice of what is not allowable;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that KMC 12.25.030 be changed to read as follows:
12.25.030 Leavine ofFCKED. DISCARDED NC�N RV
Junked or III galls Parked Vehicles. OPERATINGI
(a) No person shall leave any [PARTIALLY DISMANTLED, NON -
OPERATING, WRECKED, OR] junked vehicle on any street, highway, or
public property within the City.
(b) No person shall leave any vehicle remaining on public
property designated for parking in violation of regulations ordinances,
and /or posted times, periods, or conditions. Any such vehicle shall b
subject to emergency impounding shall be
12.25.040(c). p g procedures pursuant to KMC
(c) 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, NON - OPERATING, WRECKED) junked [,
OR DISCARDED] vehicle to remain on such property longer than 72
hours; and no person shall leave any such vehicle on any property within
the City for a longer time than [48] 72 hours; except that this ordinance
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 and
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.
(d) Notwithstanding KMC 12.25.030(c), no vehicle may be
removed from private property without the consent of the property owner
or occupant.
Ordinance No. 1803- 98
Page 2 of 2
�. utt: iaw nave r
lil "Junk vehicle" means a motor vehicle that is.
(11 Nnf rii e n.. __
roads of the City, or
elements:
lass
ii. Missing two or more wheels or
_° tires;
quarter panels bumper trunk lid or hood'
passenger seat or drive haft or
mechanical failure; or
operable exceeds the fair market v uu<
(0 It Is an off .._._ ue of the vehicle
preceding one year.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of
Dem- r.ber, 1998.
ATTEST:
�
ShPry A. Padilla,
Acting Cit- Clr —k
(11/23/98 sp)
Introduced:
Adopted:
Effective:
Ti. P�iGr;r,.tri Pleas es
November 4, 1998
December 2, 1998
January 2, 1999
thereon, and the costs of such removal shall be paid by the
owner or agent responsible for the property.
:• Criteria establishing maximum heights for grass and
weeds are necessary to reduce rodent shelters and
pollen dust problems.
This section provides a mechanism for removal of
weeds on neglected or abandoned properties after
proper notice has been given to the responsible owner
or agent (see Sections 107 and 108.3). It is important
that the code official act quickly in requiring weed re-
moval to prevent the weeds from contributing to a
blight condition that could eventually become a harbor
for pests and rodents.
All noxious weeds are prohibited; however, each
community has different weeds that are considered
noxious. The code official should confer with the state
or local agricultural agent to become familiar with
weeds that are noxious in his or her community.
Cultivated flowers and gardens are not considered
to be weeds. The word "cultivated" is important. Culti-
vated is defined as "to loosen or dig (soil) around grow-
ing plants." Uncultivated gardens should be treated
the same as weeds and tall grasses.
302.5 Rodent harborage. All structures and exteriorproperty
shall be kept free from rodent harborage and infestation. Where
rodents are found, they shall be promptly exterminated by
approved processes which will not be injurious to human
health. After pest elimination, proper precautions shall be
taken to eliminate rodent harborage and prevent reinfestation.
❖ Rodents carry disease organisms in their feces and on
their bodies. The code official must require the exter-
mination of all rodents by approved processes. All
harborage areas should be eliminated by removing
piles of rubbish, towing or repairing inoperable cars
and cutting back weeds. Garbage should be stored in
solid containers with tight - fitting lids and disposed of
regularly.
302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers
shall not discharge gases, steam, vapor, hot air, grease, smoke,
odors or other gaseous or particulate wastes directly upon abut-
ting or adjacent public or private property or that of another ten-
ant.
There are three common problems associated with
exhaust vent discharges:
• Odor problems caused from exhaust gases
emanating from business and industrial proper-
ties;
• Noise problems created by exhaust vents; and
• Health and safety problems created by exhausts
that contain hazardous or potentially hazardous
discharge.
To reduce these problems, exhaust vents are pro-
hibited from discharging directly on abutting or adja-
cent public and private property.
GENERAL REQUIREMENTS
302.7 Accessory structures. All accessory structures, includ-
ing detached garages, fences and walls, shall be maintained
structurally sound and in good repair.
-'-Accessory structures must be maintained in accor-
dance with the criteria established by this section.
Property owners often give detached garages, sheds,
fences, retaining walls and similar structures a lower
maintenance priority than the primary structure; thus,
these structures are frequently in disrepair. Athorough
inspection of all property areas and accessory build-
ings is necessary to identify violations of the code and
to improve a neighborhood's appearance.
302.8 Motor vehicles. Except as provided for in other regula-
tions, no inoperative or unlicensed motor vehicle shall be
parked, kept or stored on any premises, and no vehicle shall at
any time be in a state of major disassembly, disrepair, or in the
process of being stripped or dismantled. Painting of vehicles is
prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo
major overhaul, including body work, provided that such
work is performed inside a structure or similarly enclosed
area designed and approved for such purposes.
4. Improper storage of inoperable vehicles can be a seri-
ous problem for a community. The vehicles are un-
sightly, clutter the neighborhood, provide a harborage
for rodents and are an attractive nuisance for children.
This section establishes criteria for acceptable vehi-
cle storage. No inoperable or unlicensed vehicles are
permitted on a property unless approved in other regu-
lations adopted by the community. This regulation ad-
dresses two problems associated with vehicle storage
and repair:
• The blighting influence that improperly stored in-
operable vehicles have on a neighborhood; and
• The neighborhood mechanic who attempts to
operate a vehicle repair business from home.
Major vehicle repairs are permitted, but only if the
work is performed in a structure designed and ap-
proved for such use. Of course, this regulation does
not affect the storage of vehicles on property that
complies with applicable zoning or license require-
ments, such as repair garages, salvage yards and
similar establishments.
302.9 Defacement of property. No person shall willfully or
wantonly damage, mutilate or deface any exterior surface of
any structure or building on any private or public property by
placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said sur-
face to an approved state of maintenance and repair.
❖ Graffiti, carving and damage is a problem that plagues
exterior surfaces of walls, fencing and sidewalks in cit-
ies and towns of all sizes. This problem begins as an
eyesore and can result in serious consequences, in-
2009 INTERNATIONAL PROPERTY MAINTENANCE CODE® COMMENTARY
2009 International Property
Maintenance Code
2/19/2015
Chapter 2.36 - ABANDONED PROPERTY
Sections:
2.36.010 - Definitions.
Soldotna, AK Code of Ordinances
City of Soldotna
The following definitions shall apply in the interpretation and enforcement of this chapter:
"Junked vehicle" means any vehicle that is abandoned or that, because of its defective or obsolete
condition, constitutes a threat to public health and safety.
"Police chief" means the police chief and any designee of the police chief.
"Private property" means any real property that is privately owned and that is not public property.
"Public property" means any dedicated road, street or highway right -of -way and shall also mean any
other property or facility owned by the federal, state or a local government.
"Storage" means the parking or leaving of a vehicle upon private or public property for more than
forty-eight hours.
"Vehicle" means a device in, upon, or by which a person or property may be transported or drawn
upon or immediately over a highway or vehicular way or area and shall include, but not be limited to
automobiles, buses, motor - bikes, motorcycles, trucks, tractors, wagons, snow machines, all terrain
vehicles, go -carts, recreational vehicles, campers and trailers.
(Ord. 584 § 1 (part), 1994: Ord. 200 § 1, 1979)
2.36.020 - Abandonment of vehicles unlawful.
A. A person may not abandon a vehicle upon a highway or vehicular way or area.
B. A person may not abandon a vehicle 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 person who abandons a vehicle in a place specified in A. of B. of this section is considered
responsible for the abandonment of the vehicle and is liable for the cost of its removal and
disposition.
D. Except as otherwise provided in subsection B., the lawful owner of a vehicle, as shown by the records
of the Alaska Department of Public Safety, whether or not the owner has complied with provisions of
AS 28.10.271, is considered responsible for the abandonment of the vehicle and is liable for the cost
of removal and disposition of the abandoned vehicle unless:
1, the vehicle was abandoned by a person driving the vehicle 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. 584 § 1 (part), 1994: Ord. 200 § 2, 1979)
2.36.030 - Presumption of abandonment.
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Soldatna, AK Code of Ordinances
Notwithstanding other statutory provisions, a vehicle that has been left unattended, standing, parked
within ten feet of the traveled portion of a street or highway or other public property, in excess of forty -
eight hours; or a vehicle left standing or parked on private property in excess of twenty -four hours,
without the consent of the owner or person in charge of the property, may be removed and treated as an
abandoned vehicle, unless the vehicle is reclaimed and removed before action is undertaken under
section 2.36.060 of this chapter.
(Ord. 584 § 1 (part), 1994: Ord. 200 § 3, 1979)
2.36.040 - Storage of junked vehicles declared nuisance.
No person shall store or permit storage of anyjunked vehicle within city limits. The presence of a
junked vehicle is hereby declared a public nuisance and a threat to public health and safety that may be
abated in accordance with the provisions of this chapter.
(Ord. 584 § 1 (part), 1994: Ord. 200 § 4, 1979)
2.36.050 - Exceptions.
Section 2.36.040 of this chapter shall not apply to any vehicle enclosed within a garage or other fully
enclosed building on private property; any vehicle held in connection with a lawfully licensed business
enterprise operating in compliance with the zoning code; and historic vehicles registered under provisions
of AS 28.10.181(b).
(Ord. 584 § 1 (part), 1994: Ord. 200 § 5, 1979)
2.36.060 - Abatement and removal procedures.
A. Summary removal. If a vehicle is found abandoned on the traveled portion of a street or highway, it
may be removed and impounded without notice.
B. Summary notice. Except as provided in subsection A. of this section, abandoned orjunked vehicles
shall be removed and impounded only after notice.
1. If the abandoned orjunked vehicle is stored on public property, or on private property without
the consent of the owner of the property, then the notice shall consist of a notice of intent to
remove and impound of a form and content prescribed by the police chief which shall be
attached to the vehicle (in this chapter, "tagged ").
2. If the abandoned orjunked vehicle is stored on private property without the consent of the
owner of such property, the vehicle may be removed and impounded by the police chief after
being tagged for forty -eight hours.
3. If the abandoned or junked vehicle is stored on public property, the vehicle may be removed and
impounded after being tagged for forty -eight hours.
C. Determination of consent. Consent of an owner of real property upon which an abandoned orjunked
vehicle is located to the removal and impoundment of the vehicle (including permission to enter on
private property for removing the vehicle) may be established by telephonic, personal or mailed
communication by the police chief. A certified letter to the owner of private property upon which the
vehicle is stored, giving notice of intent to remove and impound the vehicle, shall be deemed to
establish the consent of the owner, unless the owner of the land files a written objection to the
removal and impoundment of the vehicle with the police chief within 20 days of the receipt of the
mailed notice.
D.
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Soldotna, AK Code of Ordinances
Vehicle stored with consent of property owner. If a junked vehicle is stored on private property with
the consent of the property owner, the police chief shall proceed by complaint to abate the nuisance
in the district court.
(Ord. 584 § 1 (part), 1994: Ord. 200 § 6, 1979)
2.36.070 - Impound fee.
A one hundred fifty dollar fee is established for all vehicles impounded under this chapter. This fee
shall apply to the owner of any vehicle that is tagged for impoundment, whether or not the owner
recovers the vehicle before it has been impounded. If an owner of a vehicle recovers the vehicle after a
tow truck has been called, then the owner is liable for the costs of the tow whether or not the tow takes
place. In addition, any person owning a vehicle that is impounded under this chapter shall be liable to the
city for the costs of towing, storage, notices and other costs of impoundment, whether or not the vehicle is
redeemed.
(Ord. 584 § 1 (part), 1994: Ord. 200 § 7, 1979)
2.36.080 - Notice of removal.
The person or company who stores an abandoned orjunked vehicle at the direction of the police
chief shall give notice within thirty days, in the manner prescribed for the giving of notice 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. If the vehicle is not registered in the state, 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 the rules of the court for service of process by
publication.
(Ord. 584 § 1 (part), 1994: Ord. 200 § 8, 1979)
2.36.090 -Vesting of title.
Title to an impounded vehicle not reclaimed by the registered owner, a lien holder, or other person
entitled to possession of the vehicle, within 30 days from the notice given under section 2.36.070, vests
with the municipality. However, nothing in this section prohibits a lien under section 2.36.130.
(Ord. 584 § 1 (part), 1994: Ord. 200 § 9, 1979)
2.36.100 - Redemption.
A person who presents satisfactory proof of ownership or right to possession may redeem a vehicle
removed under this chapter at any time before an auction by paying the impound fee and expenses of
towing, storage, notice, other costs of impoundment and any applicable penalty imposed by law.
(Ord. 584 § 1 (part), 1994)
2.36.110 - Disposal of abandoned or junked vehicles.
A. Upon satisfaction of the notice, reporting and hearing procedures prescribed by this chapter, a
vehicle may be disposed of by public auction twenty days after notice of the auction is published in a
newspaper of general circulation in the city. The notice of auction must describe the vehicle and
specify the place, date, and time at which it will be sold.
B. A vehicle disposed of under this section must be registered and titled under AS 28.10 and may not be
subsequently sold without a certificate of title issued by the Alaska Department of Public Safety.
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Soldotna, AK Code of Ordinances
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 2.36.020 if liable, for costs
exceeding receipts for the disposal of the vehicle.
(Ord. 584 § 1 (part), 1994)
2.36.120 - Disposal facilities.
Vehicles impounded under this chapter shall be placed in a secure area designated by the towing
agency to store and protect the vehicle while awaiting its redemption or disposal.
(Ord. 584 § 1 (part), 1994)
2.36.130 - Towing and storage lien on impounded vehicles.
A person authorized by contract or other official order to remove an abandoned orjunked vehicle has
a lien upon a vehicle towed, moved or stored by and in the possession of the person in accordance with
AS 28.10.502.
2.36.140 - Proceeds from the sale of impounded vehicles.
Proceeds from the sale of abandoned orjunked vehicles, after deducting the cost of impounding,
advertising, and selling the vehicle, shall be deposited into the general fund.
(Ord. 584 § 1 (part), 1994)
2.36.150 - Disposable property.
A. Except as otherwise required bylaw, the following property in possession of the Soldotna police
department may be disposed of as provided in this chapter:
1. Property collected as evidence in a children's court proceeding, a criminal proceeding or an
official investigation of a crime that has been held at least thirty days after final disposition of the
case to which the evidence pertains and which has not been claimed by the owner within thirty
days following notification of or attempted notification of the owner, or
2. Property voluntarily tendered by anyone to the Soldotna police department and not claimed by
the person reasonably believed to be the owner of the property by the department within thirty
days thereafter;
3. Property found and delivered to the Soldotna police department and not claimed by the person
reasonably believed to be the owner of the property by the department or by the person who
found the property, thirty days after notification has been made or attempted;
4. Stolen property recovered by the Soldotna police department and not claimed by the owner
within 30 days after such recovery following notification or attempted notification of the person
reasonably believed to be the owner of the property by the department.
B. All property that is not claimed becomes the property of the city of Soldotna and the Soldotna police
department. Any unclaimed property will be:
1. Converted to the use of the Soldotna police department or to the city's use; or
2. Auctioned once each year with the proceeds going to the city's general fund; or
3. Destroyed and disposed of.
C. Methods of notification will be the following:
1. Telephone calls will be made first to the person reasonably believed to be the owner of the
property.
2/19/2015
Soldotna, AK Code of Ordinances
2. Certified /return receipt letters will be mailed to the person reasonably believed to be the owner
of the property if no contact is made by phone.
3. A newspaper ad will be placed in the Peninsula Clarion or other newspaper of general circulation.
D. The notice shall include:
1. Ageneral description of the property;
2. The date of obtaining possession of the property; and
3. Notice that the property will be disposed of unless claimed by the owner of the finder of the
property within thirty days after the last date of publication of the notice.
E. Methods of identification will consist of the following:
1. Serial numbers provided by the claimant;
2. Make and model of the item provided by the claimant;
3. Other identifying marks provided by the claimant which match the marks on the item; and
4. A police report on file indicating claimant's name with a property list which includes the item.
F. This section does not apply to property that is subject to the Uniform Unclaimed Property Act -AS
34.45.010- 34.45.780, which shall be disposed of in accordance with AS 34.45.010- 34.45.780.
(Ord. 727 § 1, 2000)
ahni 0 hlank
2/19/2015 Chapter 18.20 ABANDONED AND JUNK VEHICLES
Chapter 18.20
ABANDONED AND JUNK VEHICLES
Sections:
18.20.010 Definitions.
18.20.015 Storing, parking or leaving abandoned or junked vehicles prohibited and declared
nuisance — Exceptions.
18.20.020 Responsibility for removal.
18.20.025
Notice to remove — Notice procedure.
18.20.030
Content of notice to remove.
18.20.035
Procedure for hearing.
18.20.040
Removal of vehicle.
18.20.045
Notice of removal.
18.20.050
Vesting of title.
18.20.055
Redemption of impounded vehicles.
18.20.060
Disposition of vehicles.
18.20.065
Public auction.
18.20.070
Liability for removal.
18.20.075
Lien for expense of removal.
18.20.080
Waiver of claims for damages.
18.20.085
Other impound provisions.
18.20.090
Penalty.
18.20.010 Definitions.
City of Homer
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the
meaning given herein. When not inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number, and words in the singular number
include the plural number. The word "shall' is always mandatory and not merely directory.
"Abandoned vehicle" is any vehicle, as defined by this section, that has been discarded, left unattended,
standing or parked in a public right -of -way upon or within 10 feet of the traveled portion of a highway or
street, in excess of 48 hours; or that has been discarded, left unattended, standing or parked upon
private property without the consent of the owner or person in charge of the property in excess of 24
hours; or that has been discarded, left unattended, standing or parked upon public property without the
consent of the person in charge of the property for more than 30 days.
"Junked vehicle" is any vehicle, as defined by this section, that does not have lawfully affixed thereto an
unexpired license plate or plates or registration decal, if required by law for operation, and the condition
of which is wrecked, dismantled, partially dismantled or inoperative, whether abandoned or not.
"Private property" shall mean any real property within the City that is privately owned and is not public
property as defined in this section.
"Public property" shall mean any street or highway, which shall include the entire width between the
boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean
any other publicly owned property or facility.
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Chapter 18.20 ABANDONED AND JUNK VEHICLES
"Vehicle" is any vehicle which is self - propelled and designed to travel along the ground and shall include,
but not be limited to, automobiles, buses, motor - bikes, motorcycles, motor scooters, trucks, tractors, go-
carts, golf carts, and all- terrain vehicles. [Ord. 13 -17(S) § 22, 2013; Ord. 95 =14, 1995; Ord. 88 -7, 1988;
Ord. 85_41, 1985].
18.20.015 Storing, parking or leaving abandoned or junked vehicles prohibited and
declared nuisance — Exceptions.
a. No person shall park, store, leave, or permit the parking, storing or leaving of any abandoned vehicle
upon any public or private property within the City for any period of time in excess of periods specified in
HCC 18.20.010. The presence of an abandoned vehicle, or parts thereof, on private or public property is
hereby declared a public nuisance which may be abated as such in accordance with the provisions of this
chapter.
b. No person shall park, store, leave, or permit the parking, storing or leaving of any junked vehicle upon
any public or private property within the City for a period of time in excess of 72 hours. The presence of a
junked vehicle, or parts thereof, on private or public property is hereby declared a public nuisance which
may be abated as such in accordance with the provisions of this chapter.
c. This section shall not apply to any vehicle (1) enclosed within in a building on private property, (2)
enclosed within a fence that prevents the vehicle from being seen from neighboring properties and public
streets or highways, or (3) held in connection with a business enterprise, conducted and licensed in
accordance with any applicable laws and regulations and properly operated in the appropriate business
zone, pursuant to the zoning laws of the City when the keeping of such vehicle is necessary to the
conduct of such business enterprise. [Ord. 959514, 1995].
18.20.020 Responsibility for removal.
Upon proper notice and opportunity to be heard, the owner of the abandoned orjunked vehicle and the
owner or occupant of the private property on which the same is located, or any or all of them, shall be
responsible for its removal. [Ord. 95 -14, 1995; Ord. 85-411.
18.20.025 Notice to remove — Notice procedure.
a. Unless immediate action in removing an abandoned or junked vehicle is necessary for the protection of
the health, safety or welfare of the public, a written notice to remove as prescribed in HCC 18.20.030
shall be served upon any owner and lienholder of record and any person known to be lawfully entitled to
possession of the abandoned or junked vehicle, and upon the owner and occupant of the land where the
vehicle is located, before the vehicle may be removed by the City as specified in this chapter. If
immediate action is required under this section and an opportunity for a hearing cannot be afforded prior
to removal of the vehicle, the vehicle may be removed pursuant to HCC 18.20.040 and a written notice of
removal shall be given as prescribed in HCC 18.20.045.
b. The Chief of Police or his designee shall give notice to remove to any owner and lienholder of record
and any person known to be lawfully entitled to possession of the vehicle, and to the owner or occupant
of the private property where the vehicle is located, at least 10 days before the time of removal. Notice
shall be given either by personal delivery or by registered or certified mail, return receipt requested, to
any owner and lienholder of record and any person known to be lawfully entitled to possession of the
vehicle, and to the owner or occupant of the private property at his last known address. If the name and
httDa/WWW codeDublishina.com /AK/ Homer /html /HamarlPJHmmp.rl82nhtmlftlA7n
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Chapter 18.20 ABANDONED AND JUNK VEHICLES
address of the owner and lienholder of the vehicle cannot be ascertained it shall constitute sufficient
notice when a copy of same is affixed to the vehicle and duplicate copies are served either personally or
by certified or registered mail, return receipt requested, on the owner or occupant of the private property
on which the vehicle is located.
c. The giving of notice by mail is considered complete upon return of the receipt or upon return of the
notice as undeliverable, refused or unclaimed. Proof of the giving of notice in either manner may be made
by the affidavit of the person giving the notice by personal delivery or by mail, naming the person to
whom notice was given and specifying the time, place and manner of giving the notice. [Ord. 9595 =14,
1995].
18.20.030 Content of notice to remove.
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The notice to remove shall state the grounds for removal and contain a request for removal within 10
days after service of the notice. The notice shall advise that upon failure to comply with the notice to
remove, the City or its designee shall undertake such removal with cost of removal to be levied against
the owner of the abandoned or junked vehicle and the owner or occupant of the private property on which
the same is located, either or all of them. The notice shall inform the person to be notified that he may
request a hearing before the City Council or its designee within 10 days after service of the notice in
order to contest the grounds for removal. (Ord. 9595 =14, 1995; Ord. 85_41, 19851.
18.20.035 Procedure for hearing.
The City Council or its designee shall hold a hearing not more than 10 days after a timely request for the
hearing. At any such hearing the City and the persons to whom the notices have been directed may
introduce such witnesses and evidence as either party deems necessary. Formal rules of evidence will
not apply. If there is no timely request for a hearing, the hearing is deemed waived. [Ord. 959514, 1995].
18.20.040 Removal of vehicle.
If immediate action in removing an abandoned or junked vehicle is necessary for the protection of the
health, safety or welfare of the public, or if the violation described in the notice to remove has not been
remedied within 10 days after service of notice, or in the event that a hearing is timely requested, a
hearing is had, and the existence of the violation is affirmed by the City Council or its designee, the Chief
of Police or his designee is authorized to remove or have removed to a place for storage any abandoned
or junked vehicle which reasonably appears to be in violation of this chapter. Such vehicle shall be
impounded until lawfully claimed or disposed of in accordance with this chapter. It shall be unlawful for
any person to interfere with, hinder, or refuse to allow such person or persons to enter upon private
property for the purpose of removing a vehicle under the provisions of this chapter. [Ord. 959514, 1995;
Ord. 858541, 19851.
18.20.045 Notice of removal.
Within 48 hours of the removal of such vehicle, the Chief of Police shall give a written notice of removal to
the registered owner and lienholder of record of the vehicle, if known, and also to the owner or occupant
of the private property from which the vehicle was removed, that said vehicle has been impounded and
stored for violation of this chapter. The notice shall give the location of where the vehicle is stored, state
the costs incurred by the City for removal, and advise that such vehicle shall be disposed of if unclaimed
within 30 days after notice of removal is given. The notice of removal shall be given in the manner
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211912015
Chapter 18.20 ABANDONED AND JUNK VEHICLES
prescribed in HCC 18.20.025(b). If abandoned or junked vehicle is not registered in the State, or if the
name and address of the owner and lienholder cannot be ascertained, notice of removal shall be
published four times during four consecutive calendar weeks, once in each week, in a newspaper of
general circulation within the City. [Ord, 9595 =14, 1995].
18.20.050 Vesting of title.
Title to an impounded vehicle not reclaimed by the registered owner, a lienholder or other person entitled
to possession within 30 days from the notice of removal vests with the City. [Ord. 9595 =14, 1995; Ord. 85-
41 1985].
18.20.055 Redemption of impounded vehicles.
The owner of any vehicle removed under the provisions of this chapter may redeem such vehicle at any
time after its removal but prior to the sale or destruction thereof upon proof of ownership and payment to
the City of such sum as the City Manager may determine and fix for the actual and reasonable expense
of removal and storage, including any notice, advertising and sale expenses. The City Council may, by
resolution, fix a daily fee for storage of vehicles in a City facility. [Ord. 95_14, 1995].
18.20.060 Disposition of vehicles.
a. Within 10 days after removal of a vehicle under this chapter, the Chief of Police shall make a
reasonable good -faith estimate of the value of such vehicle.
b. If the Chief of Police determines that the vehicle is scrapped, dismantled or destroyed beyond repair,
or if the Chief of Police determines that the vehicle no longer has significant value due to the age and
condition of the vehicle, the Chief of Police shall execute an affidavit so attesting. Upon satisfaction of the
notice requirements set forth in this chapter, the Chief of Police may summarily dispose of the vehicle by
destruction at the expiration of the 30 -day period required by HCC 18.20.045. The City shall designate
appropriate areas within its jurisdiction for the disposal of abandoned or junked vehicles.
c. If the vehicle reasonably appears to be valued at over $150.00, the City Manager shall, upon expiration
of the 30 -day period required by HCC 18.20.045, give notice that the vehicle will be sold at public auction.
The notice of public auction shall be given not less than 20 days before the date of the proposed sale and
shall be accomplished by publication in a newspaper of general circulation within the area in which the
vehicle was found. The notice of public auction shall describe the vehicle, including make, model, license
or decal number and any other information that will accurately identify the vehicle, and specify the date,
time and place of the sale. A copy of the notice of public auction shall be conveyed to the Department of
Public Safety. [Ord. 9595 14, 1995; Ord. 85 -41, 1985].
18.20.065 Public auction.
A vehicle sold at public auction shall be sold to the highest and best bidder. At the time of payment of the
purchase price, the City Manager or his designee shall execute a certificate of sale in duplicate, the
original of which is to be given to the purchaser and the copy thereof to be filed with the City Clerk. The
purchaser shall be solely responsible for complying with all necessary title and registration requirements
imposed by law, including compliance with 13 AAC 70.050. Should the sale for any reason be invalid, the
City's liability shall be limited to the return of the purchase price. [Ord. 95 =14 14,1995].
18.20.070 Liability for removal.
hM... /A....n.. .....I....�.,.lin Ai..1. ..n... //.I!/Y..m...l,A...,N........� OI,J..... —ten O�fn �.� w.n ....
211 912 01 5 Chapter 18.20 ABANDONED AND JUNK VEHICLES
In the event of removal and disposition by the City, the owner of the abandoned or junked vehicle and the
owner or occupant of the private property on which the same is located, or any or all of them, shall be
liable for the expenses incurred. The City may maintain a personal action against the owner of the
vehicle, the owner or occupant of the property, or any or all of them for the amount of such expenses.
[Ord. 959514, 1995; Ord. 85_41, 1985],
18.20.075 Lien for expense of removal.
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Upon the failure of the owner or occupant of property from which abandoned or junked vehicles have
been removed by the City to pay the unrecovered expenses incurred by the City in such removal, a lien
may be placed upon such property for the amount of such expenses. [Ord. 9595 =14, 1995].
18.20.080 Waiver of claims for damages.
An owner of abandoned or junked vehicle waives all claims for damage to the vehicle that may result
from actions taken pursuant to this chapter. Such damage includes, but is not limited to, accidental
damage or destruction occasioned by removal, transport, storage, and acts of third parties. [Ord. 9595 =14,
1995; Ord. 858541, 1985].
18.20.085 Other impound provisions.
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Nothing in this chapter shall be construed to limit the City's authority to impound vehicles for authorized
reasons under other provisions of law. [Ord. 959514, 1995].
18.20.090 Penalty.
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Every act prohibited by this chapter is unlawful. Any person found guilty of violating any of the provisions
of this chapter shall be punished under the general penalty provisions of this code. [Ord. 9595 =14, 1995;
Ord. 85 -41, 19851.
The Homer City Code is current through Ordinance 15 -02,
passed February 9, 2015.
Disclaimer: The City Clerk's Office has the official version of the
Homer City Code. Users should contact the City Clerk's Office for
ordinances passed subsequent to the ordinance cited above.
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City of Seward
9,20.020 -junked or abandoned vehicles.
(a) It shall be unlawful for any person to place (1) upon public property not set aside bylaw as a refuse
disposal, or (2) upon any private property, except licensed junk yards, any wrecked, junked or
abandoned vehicle.
(b) It shall be unlawful for any owner, lessee, agent, tenant or occupant to allow or permit to remain on
any property owned or controlled by him, except licensed junk yards, any wrecked, junked or
abandoned vehicle.
(c) Any violation of subsections (a) or (b) shall constitute a public nuisance. The costs of abatement may
be charged or assessed by the city council as provided by section 9.20.085(b) against any or all of the
following:
(1) Thevehicle;
(2) The registered owner of the vehicle;
(3) Any person who has acquired the right to possession of the vehicle from or through the
registered owner;
(4) Any person in violation of subsection (a) or (b) of this section; and
(5) The owner, leasee, agent, tenant or person in control of the property where the vehicle was
situated at the time of the notice to abate.
(d) As used in this section:
(1) The term "abandoned" includes any vehicle which at the time of the notice of abandonment is:
Not licensed as a motor vehicle in compliance with the laws of this state;
Cannot be operated as a motor vehicle in compliance with the laws of this state because of
mechanical failure.
(2) The term "vehicle" means any motor vehicle as defined in this code and includes anybody or
part of any such motor vehicle.
(e) A person having upon his premises an abandoned vehicle which is in need only of reasonable repairs
and is without available funds to obtain the required license or to make such repairs may apply to the
city manager for a permit to keep the vehicle upon the premises.
(Ord. 379, 1971; Ord. 610, 1988)
9.20.085 - Abatement procedure; costs constitute lien on property.
(a) Procedure. When any abatement or a public nuisance is to be done pursuant to section 9.20.070(c) of
this chapter, the abatement official shall issue his order therefor to the director of public works, and
the work shall be accomplished by city personnel or by private contract under the direction of the
director,
(b) Costs. The costs, including incidental expenses, of abatement of such public nuisance shall be a lien
against the property involved or may be made a personal obligation of the property owner,
whichever the city shall determine is appropriate.
(Ord. 379, 1971; Ord. 610, 1988)
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Chapter 28.11 ABANDONED VEHICLES Abandoned Vehicles
Sec. 28.11.010. Abandonment unlawful.
(a) A person may not abandon a vehicle upon a highway or vehicular
way or area.
(b) A person may not abandon a vehicle 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 person who abandons a vehicle in a place specified in (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 disposition.
(d) Except as otherwise provided in (b) of this section, the Lawful
owner of a vehicle, as shown by the records of the department, whether
or not the owner has complied with the provisions of AS 28.10.271, is
considered responsible for the abandonment of the vehicle and is Liable
for the cost of removal and disposition of the abandoned vehicle unless
(1) the vehicle was abandoned by a person driving the vehicle
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.
Sec. 28.11.020. Presumption of abandonment.
(a) A vehicle registered or titled as required under AS 28.10 that
reasonably appears to have been left unattended, standing, parked upon
or within 10 feet of the traveled portion of a highway or vehicular way
or area in excess of 48 hours, or a vehicle registered or titled as
required under AS 28.10 that reasonably appears to have been left
standing or parked on private property in excess of 24 hours or upon
other public property for more than 30 days, without the consent of the
owner or person in charge of the property, notwithstanding other
statutory provisions, may be removed under AS 28.11.030 and treated as
an abandoned vehicle, unless the vehicle is reclaimed and removed
before removal occurs under AS 28.11.030. The department for good cause
may make provisions for parking of vehicles on state property other
than specified in this section and under the provisions of AS 44.62.
(b) Notwithstanding other provisions of Law, a wrecked or junk
vehicle that reasonably appears to have been left unattended, standing,
parked upon or within 10 feet of the traveled portion of a highway or
vehicular way or area in excess of 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 24 hours and
without the consent of the owner or person in charge of the property,
may be removed under AS 28.11 030 and treated as an abandoned vehicle,
unless the vehicle is reclaimed and removed before removal occurs under
AS 28.11.030.
(c) In this section,
Cl) "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
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Alaska Statutes 2014
(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.
Sec. 28.11.025. Claim of ownership by private property owner.
(a) In addition to removal of an abandoned vehicle under AS
28.11.020, a vehicle that is left standing or parked on private
property without the consent of the private property owner and for a
period of six months is presumed to be an abandoned vehicle and title
to the vehicle may be transferred to the private property owner as
provided under this section. A person who claims ownership of an
abandoned vehicle under this section shall provide notice of the claim
to the vehicle owner of record and to Lienholders in the manner
prescribed for giving notice by the department under AS 28 05 121. The
notice must state the Location of the vehicle and the period of
abandonment. If the vehicle is not registered in this 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) If an abandoned vehicle is not reclaimed within 30 days after
notice is given as required under (a) of this section, the title to the
vehicle vests with the owner of the private property on which the
vehicle is Located. Upon application, the department shall issue a new
certificate of title to a vehicle whose ownership is transferred under
this section.
(c) In this section, "vehicle" means a
(1) passenger car, motor home, bus, truck, truck - tractor,
motorcycle, motorbike, or similar motor vehicle that is designed for
use primarily to transport a person or to transport or draw property on
a highway or vehicular way; and
(2) snowmobile, three - wheeler, four - wheeler, or a similar off -
highway motor vehicle designed or adapted for cross - country operation
over unimproved terrain, ice, or snow and that has been declared by its
owner at the time of registration and determined by the Department of
Public Safety to be unsuitable for general highway use, although the
vehicle may make incidental use of a highway as provided in this title,
but not including implements of husbandry or special mobile equipment,
such as construction machinery or earthmoving equipment.
Sec. 28.11.030. Removal of abandoned vehicles.
(a) A peace officer or an employee authorized by the state or a
municipality may remove or have removed to a place for storage a
vehicle abandoned on a highway, on a vehicular way or area, or on
private property.
(b) Removal of an abandoned vehicle 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 department.
(c) A written report of the removal shall be made by the peace
officer or employee who removes or has removed a vehicle under this
section, and the report shall be sent immediately to the department and
a copy of the report shall be given to the person who stores the
property. The report must describe the vehicle, the date, time, and
place of removal, the grounds for removal, and the place of impoundment
of the vehicle.
Sec. 28.11.040. Notice to owners and lienholders.
The person or company who stores an abandoned vehicle at the direction
of a peace officer or an employee under AS 28.11 030 shall within 30
hop: //www.lepis. state. ak. us /basis/statutes.aso#28.11.080
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Alaska Statutes 2014
days give notice, in the manner prescribed for the giving of notice by
the department under AS 28.05.121, to the vehicle owner of record and
to lienhotders of record, stating the grounds for removal and the
location of the place of impoundment of the vehicle. 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 the manner prescribed in the rules of the court
for service of process by publication.
Sec. 28.11.050. Vesting of title.
Title to an impounded vehicle not reclaimed by the registered owner, a
lienholder, or other person entitled to possession of the vehicle
within 15 days from the notice given under AS 28.11.040 vests with the
state or, if a municipal ordinance is adopted under AS 28.11.100, with
the municipality, as appropriate. However, nothing in this section
prohibits a lien under AS 28.11.090.
Sec. 28.11.060. Redemption.
A person who presents satisfactory proof of ownership or right to
possession may redeem a vehicle removed under this chapter at any time
before an auction under AS 28 11 070(a) by paying the charges of
towing, storage, notice, other cost of impoundment, and any applicable
penalty imposed by law.
Sec. 28.11.070. Disposal of abandoned vehicles.
(a) Upon satisfaction of the notice and reporting requirements
prescribed in this chapter, a vehicle may be disposed of by removal to
a scrap processing yard or auto wrecker for disposal or by public
auction 20 days after notice of the auction is published in a newspaper
of general circulation in the area or municipality in which the vehicle
was found and presumed abandoned. The notice of auction must describe
the vehicle 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
department.
(b) A vehicle disposed of under this section by public auction must
be titled under AS 28.10, and may not be subsequently sold without a
certificate of title issued by the department.
(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 AS 28.11.010, if liable, for
costs exceeding receipts for the disposal of the vehicle.
Sec. 28.11.080. Disposal facilities.
(a) The department may negotiate with an appropriate state or
municipal agency in an effort to designate and acquire land for the
temporary storage of vehicles before sale under AS 28.11.070, or for
the final disposal of unsold abandoned vehicles.
(b) A municipality that adopts an ordinance under AS 28.11 100 shall
designate appropriate areas within its jurisdiction for the disposal of
abandoned vehicles.
Sec. 28.11.090. Towing and storage Lien on abandoned vehicle.
A person authorized by contract or other official order to remove an
abandoned vehicle has a lien upon a vehicle towed, moved, or stored by
and in the possession of the person in accordance with AS 28.10.502.
Sec. 28.11.100. Municipal abatement procedure.
A municipality may adopt an ordinance establishing procedures for the
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Alaska Statutes 2014
abatement and removal from private or public property, as a public
nuisance or a health or safety hazard, a wrecked, dismantled, or
inoperative vehicle or a vehicle otherwise presumed to be abandoned. An
ordinance adopted under this section must contain provisions for (1)
notice to owners and Lienholders of record and persons known to be
lawfully entitled to possession of the vehicles, of their right to a
hearing which shall be conducted by the municipality in the manner
provided for by municipal ordinance; (2) notice to owners and
Lienholders as provided in AS 28.11.040; and (3) disposal of abandoned
vehicles as provided in AS 28.11 070.
Sec. 28.11.110. Abandoned motor vehicle fund.
(a) There is created in the department an abandoned motor vehicle
fund, to be composed of appropriations by the Legislature and proceeds
from the sale of abandoned motor vehicles.
(b) The proceeds from the sale of an abandoned motor vehicle under
this chapter, after deducting the cost of impounding, advertising, and
selling the vehicle, shall be deposited in the fund set out in (a) of
this section.
(c) Money in the fund shall be disbursed to the department and to
each of the municipalities bound by the provisions of this chapter upon
presentation of a voucher for payment of services rendered in
compliance with this chapter.
hUp:/ANww.lecis.state.ak.us/basis/Statutes.asD#28.1 1.080
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Article 01. REGISTRATION
Chapter 28.10 VEHICLE REGISTRATION, LIENS, AND TITLE
Sec. 18.10.810. Administration. [Repealed, Sec. 7 ch 178 SLA 1978].
Repeated or Renumbered
Sec. 28.10.011. Vehicles subject to registration.
Every vehicle driven, moved, or parked upon a highway or other public
parking place in the state shall be registered under this chapter
except when the vehicle is
(1) driven or moved on a highway only for the purpose of
crossing the highway from one private property to another, including an
implement of husbandry as defined by regulation;
(2) driven or moved on a highway under a dealer's plate or
temporary permit as provided for in AS 28.10.031 and 28.10.181(j);
(3) special mobile equipment as defined by regulation;
(4) owned by the United States;
(5) moved by human or animal power;
(6) exempt under 50 U.S.C. App. 501 -591 (Soldiers' and Sailors'
Civil Relief Act);
(7) driven or parked only on private property;
(8) the vehicle of a nonresident as provided under AS
28.10.121;
(9) transported under a special permit under AS 28.10.151;
(10) being driven or moved on a highway, vehicular way, or a
public parking place in the state that is not connected by a Land
highway or vehicular way to
(A) the Land - connected state highway system; or
(B) a highway or vehicular way with an average daily
traffic volume greater than 499;
(11) an implement of husbandry operated in accordance with the
provisions of AS 19.10.065;
(12) an electric personal motor vehicle.
Alaska State Statutes
Vehicle Registration
htm!/www.leais. state. ak. us /basis/stabAes.aso#28.10.011