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HomeMy WebLinkAboutOrdinance No. 2863-2015CITY OF KENAI ORDINANCE NO. 2863 -2015 Sponsored by: City Manager AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 12.25 - ABANDONED VEHICLES, TO DEFINE ABANDONED VEHICLES, AMEND THE DEFINITION OF JUNK VEHICLES AND MAKE OTHER CHANGES REGARDING VEHICLE STORAGE, REPAIR AND ENFORCEMENT AND AMENDING KENAI MUNICIPAL CODE 12.20.030 - DEBRIS AND JUNK PROHIBITED, TO REFLECT THE TITLE CHANGE TO CHAPTER 12.25. WHEREAS, the Planning & Zoning Commission requests the City Manager sponsor the proposed Ordinance; and, WHEREAS, the City currently prohibits abandoning vehicles on public property and keeping "Junk Vehicles" for longer than 72 hours except under certain circumstances; and, WHEREAS, Kenai Municipal Code does not define "Abandoned Vehicle" which should be defined for due process and consistency in enforcement; and, WHEREAS, the Kenai Municipal Code definition for "Junk Vehicle" should be amended to more clearly define Junk Vehicle; and, WHEREAS, the Kenai Municipal Code definitions for "Yard, rear ", "Yard, side ", "Lot line, rear", "Lot line, side ", and "Lot" should be defined for consistency in enforcement; and, WHEREAS, Kenai Municipal Code should be amended to provide for a more reasonable 30- day time period rather than a 72 -hour time period for the removal of a Junk Vehicle from any property within the City that is not in an enclosed building or completely screened from public view or on the premises of a business enterprise being operated in a lawful place and manner or in an appropriate storage place or depository maintained lawfully by the City; and, WHEREAS, the City may improve the health and safety of the community by limiting the number of Junk Vehicles stored on each parcel and requiring that all Junk Vehicles be stored in a manner that is not visible from the public view; and, WHEREAS, reasonably restricting the repair of Junk Vehicles to locations outside of public rights -of -way and front yards as well as limiting the number of vehicles that may be worked on at one time will help eliminate attractive nuisances and the impact on neighborhoods of home repairs; and WHEREAS, eliminating the code provision that prohibits the removal of junk vehicles from private property will expand and clarify the City's available enforcement remedies; and, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2863 -2015 Page 2 of 9 WHEREAS, other minor amendments to Kenai Municipal Code Chapters 12.20 an 12.25 are needed for housekeeping, administrative and enforcement purposes. 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. Amenaicimal enr of Code, Chapter 12.25 - Munp as follows: Chapter 12.25 ABANDONED AND JUNK VEHICLES Munici_ pal Code: That Kenai Vehicles, is hereby amended 12.25.010 Definitions- in the interpretation and enforcement of this The following definitions shall apply chapter: ll "AM or o' oche ll "Jul elen L1 ll L1 ll ll L1 Has not been registered for six (6) months Missing a windshield or window. ll[A] "Person" [SHALL] means any person, firm, partnership, association, corporation, company, or organization of any kind. [B] "Vehicle" [SHALL] means a machine propelled by power other than human power j� designed to travel along the group obY use machinery and shall include, without and transport persons or property p and wagon. e, it limitation, automobile, truck, trailer, motorcycle, tractor, buggy, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2863 -2015 Page 3 of 9 (1[C] "Street or highway" [SHALL] means the entire width between the boundary lines of every right -of -way publicly maintained when any part thereof is open to the use of the public for the purposes of vehicular travel. (fi[D] "Property" [SHALL] means any real property within the City which is not a street or highway. fg] "Yard Rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line, ll !1 u1� ....� .. .. - - - -- measured horizontall y from the nearest point of a side lot line to the nearest Part of the main building. from the front lot line. Ill "Lot Line Side" means any lot boundary line not a front lot line or a rear lot line. (k] Lot means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street or right -of- -way. 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 [i]ISegally [p]Parked [v]Vehicles. (a) No person shall leave any [j]Junk [v]Vehicle on any street, highway, right -of -way 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 Kenai Municipal Code 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 opunk [v]Vehicle to remain on such property longer than thirty (30) dayS[SEVENTY -TWO (72) HOURS]; except that the junk vehicle storage and repair provisions of this chapter shall not apply; 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 Chapter [ORDINANCE] shall not apply with regard to a vehicle in an enclosed building or completely screened from public view and New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2863 -2015 Page 4 of 9 adiacent Properties in compliance with Kenai Municipal Code 12.25.040; 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 or Junk Vehicles stored lawfully on parcels zoned: Licht Industrial (IL) or Heavy Industrial (IH). [(D) NOTWITHSTANDING KMC 12.25.030(C), NO VEHICLE MAY BE REMOVED FROM PRIVATE PROPERTY WITHOUT THE CONSENT OF THE PROPERTY OWNER OR OCCUPANT.] (d)[E] Notwithstanding the provisions of subsection (c) of this section, if the City Manager or designee has reasonable grounds to believe that repairs can be made to render a jj]Junk [v]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.] New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2863 -2015 Page 5 of 9 12 25 040 Storage of Junk Vehicles. (1) (2) Any stored Junk Vehicle must be covered with a car cover designed for coverin vehicles. (3) Junk Vehicles may only be stored on a property that has an existing structure consistent with a principal permitted use. 12 25 050 Repair of Junk Vehicles. Junk vehicles may only be repaired subject to the following restrictions: L11 Junk Vehicle repair shall take place within an enclosed structure or in a side or back yard. Ll j3). Parts equipment, and supplies must be stored in an area that is screened from public view. M Junk Vehicle repair is not allowed within the public right -of -way 12.25.0[4]60 Impounding of Vehicles and Junk and Abandoned Vehicles. (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, junk, 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; New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2863 -2015 Page 6 of 9 (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, 'Junk, 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 SHALL KEEP A RECORD OF ALL VEHICLES IMPOUNDED, CONTAINING DATE OF IMPOUNDING, DESCRIPTION OF VEHICLE AND CONTENTS 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. He or she shall [AND TO] obtain a release thereof and 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 magistrate and or judge in a court of law, 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 magistrate and or judge in a court of law, 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 tariff 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2863 -2015 Page 7 of 9 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(A)(3)] applicable state law 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[4]60. (b) The City may also dispose of U]Junk [v]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 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 THIRD PARTIES.] 12.25.[09]100 Penalty. A person who violates KMC 12.25.020 or 12.25.030 is subject to a fine as provided for violations in KMC 13.05.010. Section 3. Amendment of Section 12.20.030 of the Kenai Municipal Code: That Kenai Municipal Code, Chapter 12.20.030 - Debris and Junk Prohibited, is hereby amended as follows: 12.20.030 Debris and junk prohibited. (a) The owner and the occupant of any private property in the City shall at all times maintain the premises free from significant accumulations of junk, garbage or litter that a reasonable person would find offensive. This section shall not prohibit New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2863 -2015 Page 8 of 9 the storage of junk or litter in authorized private receptacles for collection. A significant accumulation of junk or litter on any private property in the City contrary to this section is deemed to be a public nuisance. (b) No owner, lessee, agent tenant or occupant shall allow or permit slash to be or remain upon any lot: (1) for longer than one hundred twenty (120) days within the RU, RS-1, RS-2, TSH, CC or CG zones; or (2) for longer than one hundred twenty (120) days on lots smaller than forty thousand (40,000) square feet within the C, RR, RS, IL, IH, R or ED zones. (c) Nothing in this chapter shall be construed to limit the lawful operation of a junkyard or storage yard. This section does not amend, alter or modify the provisions of KMC 12.25 (Abandoned and Junk Vehicles). As used in this chapter, the following words are defined in this section: "Garbage" means all putrescible wastes, except sewage and body waste, including food wastes resulting from the handling, preparation, cooking, or consumption of food or the cans, containers, wrappers, or other tangible items wasted or used along with such materials. "Junk" means any worn-out, wrecked, scrapped, partially or fully dismantled or discarded tangible material, combination of materials or items that cannot without further alteration and reconditioning be used for their original purposes, including but not limited to appliances, building material, chemicals, equipment, furniture, machinery, metal, rags, rubber, paper, used tires, plastics and wood. Stacked firewood or building materials stored for future use shall not constitute "junk." "Litter" means all improperly discarded waste material, including, but not limited to, convenience food, beverage and other product packages or containers constructed of steel, aluminum, glass, paper, plastic and other natural and synthetic material, thrown or deposited on the lands and waters within the boundaries of the City. "Occupant' means the person in possession of the real property on which the junk or litter is located. "Occupant" includes tenant and lessee. "Owner" means the owner of the real property on which the junk or litter is located, or the agent of the owner. "Slash" is defined as branches and other residue left after the felling of timber. Tree trunks trimmed free of roots and branches or cut firewood stacked and separated from branches and other residue of tree cutting shall not constitute "slash." Section 4. Severabili ty: 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 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2863 -2015 Page 9 of 9 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 5. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of December, 2015. Q� ek:��.c /L/ PAT PORTER, MAYOR Introduced: November 4, 2015 Adopted: December 2, 2015 Effective: January 2, 2015 New Tent Underlined; [DELETED TEXT BRACKETED] u lVillaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IIII�I 1992 MEMORANDUM: �O: Mayor and City Council THRU: Rick Koch, City Manager FROM: Matt Kelley, City Planner DATE: October 28, 2015 SUBJECT: Ordinance No. 2863 -2015 — Abandoned and Junk Vehicles The purpose of this communication is to introduce Ordinance No. 2863 - 2015 to the City Council recommending an amendment to Kenai Municipal Code Chapter 12.25 — Abandoned Vehicles to define abandoned vehicles, amend the definition of junk vehicles and make other changes regarding vehicle storage, repair and enforcement and amending Kenai Municipal Code 12.20.030 — Debris and Junk Prohibited, to reflect the title change to chapter 12.25 At their meeting on May 13, 2015, the Planning & Zoning Commission approved a recommendation to the City Council to Amend Kenai Municipal Code Chapter 12.25 — Abandoned Vehicles, to define Abandoned Vehicles, amend the definition of Junk Vehicles and make other changes regarding vehicle storage, repair and enforcement and Amending Kenai Municipal Code Chapter 12.20.030 — Debris and Junk Prohibited, to reflect the title change to Chapter 12.25. Staff recommends that the title of the Chapter be revised to say Abandoned and Junk Vehicles. A definition of an Abandoned Vehicle should be added in the code's definition section to read: 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 least two (2) or more of the following elements:" Subsection (1)(i) says: "A substantial amount of broken or missing glass ". The revisions is: Broken or missing window, headlight or taillight and a new subsection (1)(v) to read: Is not currently registered,". Staff also recommends that this definition be moved to the definition section of this Chapter. Staff further recommends that the definitions under Section 12.25.010 be updated to include: Rear Yard, Side Yard, Rear Lot Line Side Lot Line and Lot ". These definitions are defined in Kenai Municipal Code Chapter 14.20.320. Section 12.25.030(d) of the Code states: "Notwithstanding KMC 12.25.030(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. Staff further recommends that Section 12.25.030 be updated to include the following: or completely screed from public view and adjacent properties in compliance with Kenai Municipal Code 12.25.040. It is further recommended that Section 12.25.030 be updated to include the following as well: or Junk Vehicles stored lawfully on parcels zoned: Light Industrial (IL) or Heavy Industrial 01-11. Section 12.25.40 is a new Section which allows for the Storage of Junk Vehicles in a back yard or side yard. Up to 4 vehicles may be stored on a parcel so long as there is 2,000 square feet of storage per vehicle. In addition, all Junk Vehicles must be stored with a car cover designed for covering vehicles, and the property is required to have a principal permitted use. Staff would also like to note that the Code assigns enforcement of the Abandoned Vehicle regulations to the Chief of Police or designee. In practice, this duty has been most often been assigned to the Planning Division. Staff recommends that the City Manger or designee should be designated as the person to assign the department person who is most able to perform this duty. Staff also would like to note that the 72 -hour time limit currently in KMC 12.25.030(c) for Junk Vehicles is too short and should be increased to 30 -days to be more reasonable for private property owners. Staff has retained the 72 -hour time limit in the proposed definition of "Abandoned Vehicle" which refers to street, highway or other public property. For the convenience of the City Council, staff has included a Matrix which compares the present Abandoned Vehicles Ordinance with the proposed Abandoned and Junk Vehicles Ordinance. Thank you for your consideration " 11a9e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tIIII 1992 MEMORANDUM: TO: Rick Koch, City Manager FROM: Matt Kelley, City Planner DATE: November 23, 2015 SUBJECT: Ordinance No. 2863 -2015 — Abandoned and Junk Vehicles The purpose of this communication is to introduce additional information to the City Council, regarding Ordinance No. 2863 — 2015 — Abandoned and Junk Vehicles. Staff would like to include copies of pictures of vehicles from previous and current Code Enforcement Cases which involved Junk Vehicles which do not currently meet the definition of a Junk Vehicle. Pursuant to Kenai Municipal Code Chapter 12.25.030, the definition of a Junk Vehicle includes "having a substantial amount of broken or missing glass ". The proposed definitions have been revised to include missing or broken windshield, window, headlight or taillight. The definition has been further expanded to include as one of the required elements "Not Currently Registered ". While the Junk Vehicle must also include an additional item from the definitions list to be considered a Junk Vehicle; the addition of "Not Currently Registered" will allow for better enforcement of Code. Furthermore, the addition of "Not Currently Registered" to the definitions list will also align the proposed Ordinance with the definition of a Junk Vehicle in Alaska Statutes. Thank you for your consideration. offu I 1._ 1, I� 1y�Y 1I8IM I'. . °ALASKj�- FGC%?40 n I r, n A►v I ITy. wi- lk z. rt APR & \ 1, ,'-� K Al IH For" AWL— a � r '� I IIIIIIIIIWP � � �� a Al,JiS-KA' t TW ; Last i Am AT Kenai Municipal Code Chapter 12.25 - Abandoned Vehicles New Text Underlined; [DELETED TEXT BRACKETED] Existing Code Proposed Code Change Chapter 12.25 ABANDONED VEHICLES Chapter 12.25 ABANDONED AND JUNK VEHICLES 12.25.010 Definitions. 12.25.010 Definition. The following definitions shall apply in the interpretation and enforcement of this chapter: 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 fat "Abandoned Vehicle" means a vehicle left unattended on a public street, highway or other public property for a period in excess of seventy -two (72) hours, unless otherwise specifically permitted by City ordinance or any kind. regulation. (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 ll "Junk Vehicle" means a vehicle that exhibits at least two (2) of the following elements: 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 Ll Is not currently registered, maintained when any part thereof is open to the use of the public for the purposes of vehicular travel. "Junk vehicle" means a motor vehicle that is: (1) In a condition which exhibits two (2) of the following elements: L Is inoperable because it is missing a maior component such as the engine, transmission, axle, differential, transfer case, front driver seat, or steering wheel, (i) A substantial amount of broken or missing glass, (ii) Missing two (2) or more wheels or tires, f31 The cost of repairs required to make the vehicle operable exceeds the fair market value of the vehicle. (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 (4] Missing windshield or windows, or wheel cylinder, brake shoe, generator, or alternator, starter, front passenger seat, or drive shaft; or ll Missing two (2) or more wheels or tires, or has two (2) or more flat tires. (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 ll Missing a major body part, such as a fender, quarter panel, bumper, trunk lid, door or hood. make it operable exceeds the fair market value of the vehicle. L[A] "Person" [SHALL] means any person, firm, partnership, association, corporation, company, or organization of any kind. (d) 'Property" shall mean any real property within the City which is not a street or highway. ]ddI[B] "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. ]e)[C] "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. f f1[D] "Property" [SHALL] means any real property within the City which is not a street or highway. fg) "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. f� "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. L] "Lot line, rear" means a line that is opposite and most distant from the front lone line, and in the case of irregular, triangular, or gore shaped lot, a line not less than ten fee (10') in length, within a lot, parallel to and at the maximum distance from the front lot line. jj] "Lot line, side' means any lot boundary line not a front lot line or a rear lot line. jkl "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. 12.25.020 Abandonment of vehicles. 12.25.020 Abandonment of [y ]Vehicles. No person shall abandon any vehicle within the City and no person shall leave any vehicle at any place within No person shall [ABANDON ANY] leave an abandoned vehicle within the City. [AND NO PERSON SHALL LEAVE ANY the City for such time and under such circumstances as to cause such vehicle reasonably to appear to have VEHICLE AT ANY PLACE WITHIN THE CITY FOR SUCH TIME AND UNDER SUCH CIRCUMSTANCES AS TO CAUSE SUCH been abandoned. VEHICLE REASONABLY TO APPEAR TO HAVE BEEN ABANDONED.] 12.25.030 Leaving of junk or illegally parked vehicles. 12.25.030 Leaving of p]Junk or [i]illegally [ p Parked [v]Vehicies. (a) No person shall leave any junk vehicle on any street, highway, or public property within the City. (a) No person shall leave any [j]lunk [v]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 (b) No person shall leave any vehicle remaining on public property designated for parking in violation of of regulations, ordinances, and /or posted times, periods, or conditions. Any such vehicle shall be regulations, ordinances, and /or posted times, periods, or conditions. Any such vehicle shall be subject to subject to emergency impounding procedures pursuant to KMC 12.25.040(c). 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, (c) No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or lessee, or otherwise, shall allow any junk vehicle to remain on such property longer than seventy- otherwise, shall allow any [j[Junk [v]Vehicle to remain on such property longer than thirty (30) days[SEVENTY- two (72) hours; and no person shall leave any such vehicle on any property within the City for a TWO 72 HOURS]; and no person shall leave an such vehicle on an ( ) ] p Y y property within the City for a longer time 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 than thirty (30) days [SEVENTY-TWO (72) HOURS]; except that this ordinance shall not apply with regard to a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an enclosed building or completely screened from public view and adjacent properties in compliance vehicle in an appropriate storage place or depository maintained in a lawful place and manner by with Kenai Municipal Code 12.25.040; a vehicle on the premises of a business enterprise operated in a lawful the City. 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; or Junk Vehicles (d) Notwithstanding KMC 12.25.030(c), no vehicle may be removed from private property without the stored lawfully pursuant to Kenai Municipal Code 12.25.040 on parcels zoned; Light Industrial (IL) or Heavy Industrial 0H). consent of the property owner or occupant. (e) Notwithstanding the provisions of subsection (c) of this section, if the City Manager has reasonable [(D) NOTWITHSTANDING KMC 12.25.030(0), NO VEHICLE MAY BE REMOVED FROM PRIVATE PROPERTY WITHOUT grounds to believe that repairs can be made to render a junk vehicle operable, that the registered THE CONSENT OF THE PROPERTY OWNER OR OCCUPANT.] 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 JAI[E] Notwithstanding the provisions of subsection (c) of this section, if the City Manager or designee has reasonable is no reasonable means for removing the vehicle from public view while repairs are being grounds to believe that repairs can be made to render a junk vehicle operable, that the registered owner or performed, the City Manager may authorize a period of no more than thirty (30) days for the other person entitled to possession of the vehicle is willing to undertake or have performed such repairs, that performance of such repairs. In no case, however, may this section be construed as authorizing the vehicle does not pose any health or safety hazard, and that there is no reasonable means for removing the the operation of a junkyard or other salvage or repair business where other requirements of the law have not been met. 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 (f) "Junk vehicle" means a motor vehicle that is: be construed as authorizing the operation of a junkyard or other salvage or repair business where other (1) In a condition which exhibits two (2) of the following elements: requirements of the law have not been met. i A substantial amount of broken or missing lass, (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. [(F) "JUNK VEHICLE" MEANS A MOTOR VEHICLE THAT IS: (1) IN A CONDITION WHICH EXHIBITS TWO (2) OF THE FOLLOWING ELEMENTS: (1) A SUBSTANTIAL AMOUNT OF BROKEN OR MISSING GLASS, (11) 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 Impounding 12.25.040 Stora a of Junk Vehicles [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 Junk Vehicles must be stored in a back yard or side yard subject to the following restrictions: 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. L11 Two - thousand square feet of yard area is required per vehicle, up to a maximum of four vehicles per parcel (b) Where an abandoned, wrecked, non - operating, illegally parked or discarded vehicle presents no stored outside. 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 ll Any stored Junk Vehicle must be covered with a car cover designed for covering vehicles. 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. Junk Vehicles may only be stored on a property that has an existing principal permitted use. [(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.) 12.25.050 Redemption of impounded vehicles 12.25.050 Repair of Junk Vehicles rREDEMPTION OF IMPOUNDED VEHICLES (a) After a vehicle has been impounded as provided by regulation or ordinance and the owner or Junk vehicles may only be repaired subiect to the following restrictions: 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 u Junk Vehicle repair shall take place within an enclosed structure or in a side or back yard. 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. 1� Repair work may not be conducted on more than one funk vehicle at a time unless within an enclosed structure. (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 ll Parts, equipment, and supplies must be stored in an area that is screened from public view. 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 !41 Junk Vehicle repair is not allowed within the public right -of -way. be in addition to the towing and storage charges herein prescribed. (A) AFTER A VEHICLE HAS BEEN IMPOUNDED AS PROVIDED BY REGULATION OR ORDINANCE (c) A vehicle is declared to be impounded when an authorized person, pursuant to and under authority AND THE OWNER OR AUTHORIZED REPRESENTATIVE OF THE OWNER OF THE VEHICLE of this title, requests dispatch of a tow truck to effect the impoundment. A person whose vehicle has CLAIMS THE SAME, HE OR SHE SHALL BE INFORMED OF THE NATURE AND been impounded may obtain the release of the impounded vehicle, if towing has not commenced, by CIRCUMSTANCES CAUSING THE IMPOUNDMENT OF SUCH VEHICLE AND TO OBTAIN paying the tow contractor the tariffed or contract rate as provided for canceled trips, provided that RELEASE THEREOF SHALL PAY ALL TOWING AND STORAGE FEES UNLESS PURSUANT TO such impoundment is one where the owner is entitled to release of the vehicle. This section has no KMC 12.25.040 IT IS ADMINISTRATIVELY DETERMINED THAT THE ACTION TAKEN WAS effect on a citation, ticket, or complaint that may be issued in connection with the impoundment. 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. 12.25.060 Disposition - Destruction 12.25.060 Impounding of Vehicles and Junk and Abandoned Vehicles fDISPOSITION - DESTRUCTION (a) If the Chief of Police or designee determines that an abandoned vehicle impounded pursuant to this (a) The City Manager or 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 chapter has been scrapped, dismantled, or destroyed beyond repair as provided in AS unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with this 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 chapter. other means of destruction upon the expiration of the thirty (30) day period required by KMC 12.25.040. (b) Where an abandoned, iunk, 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 (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. can be notified. the Cite 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 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, iunk, 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 12.25.014160 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. JUE THE CITY MANAGER OR DESIGNEE SHALL KEEP A RECORD OF ALL VEHICLES IMPOUNDED, CONTAINING DATE OF IMPOUNDING, DESCRIPTION OF VEHICLE AND CONTENTS THEREIN, CAUSE FOR WHICH IMPOUNDED, AND OTHER INFORMATION DEEMED PERTINENT.1 [(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. 12.25.070 Sale of impounded vehicles. 12.25.070 Redemption of Impounded Vehicles 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. Lal 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. He or she shall obtain a release thereof and shall pay all towing and storage fees unless pursuant to KMC 12.25.060 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 magistrate and or fudge in a court of law, 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 magistrate and or fudge in a court of law, 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. Lcl 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 paving 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. [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. 12.25.080 Waiver of claims of damages. 12.25.080 Disposition — Destruction rWAIVER OF CLAIMS OF 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. jp If the 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(A)(3)1, applicable state law 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 12.25.060. (b) The City may also dispose of IilJunk IvlVehicles 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. [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.] 12.25.080 Penalty. 12.25.090 Sale of Impounded Vehicles PENAL 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) When a vehicle has been impounded for violations of this title, the 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 ersons 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. [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)] 12.25.100 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 third parties. 12.25.110 Penalty A person who violates KMC 12.25.020 or KMC 12.25.030 is punishable by a fine as provided for violations in KMC 13.05.010. 12.20.030 Debris and junk prohibited. 12.20.030 Debris and junk prohibited. (a) The owner and the occupant of any private property in the City shall at all times maintain the premises free (a) The owner and the occupant of any private property in the City shall at all times maintain the premises free from significant accumulations of junk, garbage or litter that a reasonable person would find offensive. This from significant accumulations of junk, garbage or litter that a reasonable person would find offensive. This section shall not prohibit the storage of junk or litter in authorized private receptacles for collection. A section shall not prohibit the storage of junk or litter in authorized private receptacles for collection. A significant accumulation of junk or litter on any private property in the City contrary to this section is deemed significant accumulation of junk or litter on any private property in the City contrary to this section is deemed to be a public nuisance. to be a public nuisance. (b) No owner, lessee, agent tenant or occupant shall allow or permit slash to be or remain upon any lot: (1) for (b) No owner, lessee, agent tenant or occupant shall allow or permit slash to be or remain upon any lot: (1) for longer than one hundred twenty (120) days within the RU, RS1, RS2, TSH, CC or CG zones; or (2) for longer than one hundred twenty (120) days on lots smaller than forty thousand (40,000) square feet within the C, RR, RS, IL, IH, R or ED zones. longer than one hundred twenty (120) days within the RU, 115 :1, RS-2, TSH, CC or CG zones; or (2) for longer than one hundred twenty (120) days on lots smaller than forty thousand (40,000) square feet within the C, RR, RS, IL, IH, R or ED zones. (c) Nothing in this chapter shall be construed to limit the lawful operation of a junkyard or storage yard. This section does not amend, alter or modify the provisions of KMC 12.25 (Abandoned Vehicles). (c) Nothing in this chapter shall be construed to limit the lawful operation of a junkyard or storage yard. This section does not amend, alter or modify the provisions of KMC 12.25 (Abandoned and Junk Vehicles). As used in this chapter, the following words are defined in this section: As used in this chapter, the following words are defined in this section: "Garbage" means all putrescible wastes, except sewage and body waste, including food wastes resulting from the handling, preparation, cooking, or consumption of food or the cans, containers, wrappers, or other tangible items wasted or used along with such materials. "Garbage" means all putrescible wastes, except sewage and body waste, including food wastes resulting from the handling, preparation, cooking, or consumption of food or the cans, containers, wrappers, or other tangible items wasted or used along with such materials. "Junk" means any worn -out, wrecked, scrapped, partially or fully dismantled or discarded tangible material, combination of materials or items that cannot without further alteration and reconditioning be used for their original purposes, including but not limited to appliances, building material, chemicals, equipment, furniture, machinery, metal, rags, rubber, paper, used tires, plastics and wood. Stacked firewood or building materials stored for future use shall not constitute "junk." "Junk" means any worn -out, wrecked, scrapped, partially or fully dismantled or discarded tangible material, combination of materials or items that cannot without further alteration and reconditioning be used for their original purposes, including but not limited to appliances, building material, chemicals, equipment, furniture, machinery, metal, rags, rubber, paper, used tires, plastics and wood. Stacked firewood or building materials stored for future use shall not constitute "junk." "Litter" means all improperly discarded waste material, including, but not limited to, convenience food, beverage and "Litter" means all improperly discarded waste material, including, but not limited to, convenience food, beverage and other product packages or containers constructed of steel, aluminum, glass, paper, plastic and other natural and other product packages or containers constructed of steel, aluminum, glass, paper, plastic and other natural and synthetic material, thrown or deposited on the lands and waters within the boundaries of the City. I synthetic material, thrown or deposited on the lands and waters within the boundaries of the Cit y "Occupant" means the person in possession of the real property on which the junk or litter is located. "Occupant" " Occupant" means the person in possession of the real property on which the junk or litter is located. "Occupant" includes tenant and lessee. includes tenant and lessee. "Owner" means the owner of the real property on which the junk or litter is located, or the agent of the owner "Slash" is defined as branches and other residue left after the felling of timber. Tree trunks trimmed free of roots and branches or cut firewood stacked and separated from branches and other residue of tree cutting shall not constitute "slash." "Owner" means the owner of the real property on which the junk or litter is located, or the agent of the owner. "Slash" is defined as branches and other residue left after the felling of timber. Tree trunks trimmed free of roots and branches or cut firewood stacked and separated from branches and other residue of tree cutting shall not constitute "slash." M Ullaye with a Past, Cia with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 'lll�t COUNCIL REFERRED TO. i42 Chi-" 19 2 Date: I -a1 - IS MEMORANDUM: Return Sr. nDt T, td O: Rick Koch, City Manager 1 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 not currentiv 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 Chapter 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 this chapter: (a) "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 (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 bumper, trunk lid, door or hood. [A](c) "Person" [SHALL] means any person, firm, partnership, association, corporation, company, or organization of any kind. [B](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. [C](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. [D]11f "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 [J]Junk or [I]Illegally [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) days [SEVENTY-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. [(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](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: (1) Two- thousand feet of yard area is required per vehicle, up to a maximum of four vehicles per residence. (2) The storage area must be shielded from public view by a sight obscuring fence with a minimum height of six feet. (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 existing principal permitted use. (5) Vehicles may not be stored in a front yard. 12.25.050 Repair (a) Vehicles, junk or otherwise, may be repaired subject to the following restrictions: (1) Vehicle repair must take place within an enclosed structure or in the driveway immediately adjacent to the residence or garage. (2) Work may not be conducted on more than one vehicle at a time. (3) Parts, equipment, and supplies must be stored in an enclosed area that is screened from public view. (4) Vehicle repair is not allowed within the public right -of -way. 12.25.060 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 12.25.040 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]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. 12.25.070 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 12.25.040 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. 12.25.080 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(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. 12.25.090 Sale of [I]Impounded Wehicles. 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. 12.25.100 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. 12.25.110 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 1.15.0700, this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: *, 2015 Adopted: *, 2015 Effective: *, 2015