Chapter 7.36
DISMANTLED MOTOR VEHICLES
Sections
7.36.020 Unlicensed business operation prohibited
7.36.040 Responsibility of property owners
7.36.045 Impoundment and disposal
See also abandoned vehicles, Chapter 10.36 KCC.
7.36.010 Attractive nuisance
The council finds, determines, and declares that the bodies of motor vehicles, trailers, and campers or camper shells which have been abandoned, are inoperable, or have been wholly or partially dismantled, and which are allowed to lie on private or public property within the city constitute an attractive nuisance and danger to children, a sanitation hazard, and a public nuisance which should be abated and controlled. The council further finds that the ordinance providing for the licensing of junkyards contained in Chapter 5.16 KCC does not afford an adequate remedy against the practice of dismantling one or more motor vehicles and leaving the dismantled bodies in such a condition that they constitute a public nuisance, and this chapter shall in no way impair or repeal any of the provisions of Chapter 5.16 KCC, or prevent the conduct of individuals in proper circumstances from being in violation of both this chapter and Chapter 5.16 KCC. [Ord. 897 §1, 1991; Ord. 379, 1972. CCK §5.19.4(A)]
7.36.020 Unlicensed business operation prohibited
It is unlawful for any person, firm, or corporation, not being duly licensed by the city, to engage in the business of wrecking, dismantling, permanently disassembling, or substantially altering the form of any motor vehicle within the city. [Ord. 379, 1972. CCK §5.19.4(B)]
7.36.030 Where prohibited
It is unlawful for any person, firm, or corporation to dismantle or wreck, in whole or in part, any motor vehicle with the intention of allowing such dismantled motor vehicle body, or portions thereof, to remain upon any public or private property within the city, and the leaving of such dismantled motor vehicle body upon any public or private property within the city for a period of more than 30 days shall be conclusive evidence of such intention for the purposes of this chapter.
This section shall not apply to licensed motor vehicle wreckers who are not otherwise in violation of this chapter, or Chapter 5.16 KCC; and this section shall also not apply to motor vehicle bodies which are stored or kept in a garage or other substantial enclosure so that such bodies cannot collect water, cannot be accessible to children, and cannot otherwise become a public nuisance. [Ord. 379, 1972. CCK §5.19.4(C)]
7.36.040 Responsibility of property owners
It shall be the duty of the owner or owners, contract purchasers, lessees, or other persons having the right to the possession of, and control over, property within the city to keep their premises free from inoperable, abandoned, or wholly or partially dismantled motor vehicle bodies, trailers, and campers or camper shells; it is unlawful for any owner, contract purchaser, lessee, or other person having the right to the possession of, and the control over, any premises within the city, to cause, permit, or suffer such dismantled, abandoned, or inoperable motor vehicle bodies, trailers, campers, or camper shells to remain on such property for more than 30 days after receiving written notice from the city to abate such nuisance. [Ord. 897 §2, 1991; Ord. 379, 1972. CCK §5.19.4(D)]
7.36.045 Impoundment and disposal
Any property described in KCC 7.36.010 or 7.36.040 may be impounded and stored or disposed of by the city, in which event the owner of the impounded property shall be liable for the cost of impoundment and storage or disposal. If the owner or the whereabouts of the owner of such property is unknown and the property in question reasonably appears to be worth $200.00 or less, then the city may dispose of it in any such way as it sees fit. If the identity and whereabouts of the owner are known, the city shall make a reasonable attempt to give notice of its intended disposition of the property by mail or personal delivery prior to its disposition. Notwithstanding the foregoing, if the property to be impounded and stored or disposed of by the city constitutes a wrecked, dismantled, or inoperative vehicle or a vehicle otherwise presumed to be abandoned, within the meaning of AS 28.11.100, the subsequent procedure shall be followed:
(a) Notice shall be given to owners and lien holders of record and persons known to be lawfully entitled to possession of the vehicle that they have the right to a hearing which shall be conducted in a manner substantially identical to the manner provided for the State of Alaska Department of Public Safety under AS 28.05.131 through 28.05.141.
(b) Any notice to owners and lien holders required by AS 28.11.040 shall be given.
(c) The disposal shall comply with the requirements of AS 28.11.070. [Ord. 1016, 1995; Ord. 897 §3, 1991]
7.36.050 Violation—penalty
The penalty for violations of this chapter shall be as prescribed in KCC 1.12.010. [Ord. 407 §2, 1973; Ord. 379, 1972. CCK §5.19.4(E)]