Chapter 10.36
ABANDONED VEHICLES AND IMPOUNDMENT
Sections:
10.36.020 Impound report and inventory
10.36.030 Order to release impounded vehicle
10.36.040 Vehicle abandonment unlawful
10.36.050 Presumption of abandonment
10.36.060 Notice to owners and lien holders
10.36.090 Disposal of abandoned vehicles
10.36.100 Proceeds from sale of abandoned vehicles
10.36.010 Impoundment
(a) A police officer, officer of the fire department, or harbormaster may direct the removal or impoundment by towing to an approved impound area or facility of a vehicle, whether loaded or not, that is:
(1) Abandoned, wrecked, dismantled, or inoperative;
(2) Involved in a collision or a police investigation;
(3) Located or standing upon any street or alley right-of-way or public property in violation of the provisions of this title;
(4) Located or standing upon any street or alley right-of-way or public property and found to be mechanically unsafe to operate;
(5) The driver of which is found to be incapacitated or is taken into custody for an offense involving driving under the influence of intoxicating liquor or drugs, reckless driving, negligent driving, or any felony;
(6) Located on private property for over 24 hours without the consent of the owner or person in control of the property, after written notice to the chief of police requesting its removal; or
(7) The subject of four or more unresolved citations for parking, stopping, or standing in violation of this title.
(b) Vehicles impounded by official order of the city shall be stored in a safe and secure area or facility.
(c) The city, or its authorized agent, shall collect directly from the vehicle owner or his agent any towing, impound, storage, and/or disposal fees or expenses associated with vehicles towed or impounded. [Ord. 1391 §20, 2020]
10.36.020 Impound report and inventory
(a) A written report of the removal shall be made by the officer who removes or has removed a vehicle under this chapter, and the report shall be sent immediately to the city police 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.
(b) Upon impoundment and storage of a vehicle, a police officer or other authorized person shall make, or cause to be made, an inventory of the contents of the vehicle and an estimate of the value of those contents. At the time of release of the vehicle, the person to whom the vehicle is to be released shall review the inventory to confirm the vehicle contents and shall sign a statement acknowledging the accuracy of the inventory and the receipt of the vehicle contents.
(c) If, at the time the inventory is conducted, property is discovered which could be readily removed from the vehicle and which has an estimated value in excess of $1,000 or which is, or could be, dangerous or hazardous if left in the vehicle or unlawfully removed, the impounding officer may, at the officer’s discretion, cause that property to be stored in the police evidence locker or other suitable location pending its release to the owner. [Ord. 1391 §20, 2020]
10.36.030 Order to release impounded vehicle
A vehicle impounded pursuant to the provisions of this chapter shall be released only to a person who presents a valid “order to release” signed by an authorized member of the police department. [Ord. 1391 §20, 2020]
10.36.040 Vehicle 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 subsection (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) The lawful owner of a vehicle, as shown by the records of the State Division of Motor Vehicles, 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. [Ord. 1391 §20, 2020]
10.36.050 Presumption of abandonment
(a) A vehicle which has been left unattended, standing, parked upon, or within 10 feet of the traveled portion of a highway in excess of 24 hours, or a vehicle left standing or parked on private property or upon other city property where not specifically permitted by a traffic control device for more than 24 hours, 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 the action regarding removal is taken under KCC 10.36.010. The city, for good cause, may make provision for parking of vehicles on municipal property other than as specified in this section.
(b) A vehicle impounded under this chapter that has not been reclaimed within 30 days of impound shall be presumed abandoned. [Ord. 1391 §20, 2020]
10.36.060 Notice to owners and lien holders
(a) The city shall give written notice to the vehicle owner of record and to lien holders of record that the city considers the vehicle to be abandoned. The city shall give the notice by:
(1) Posting on the vehicle; and
(2) By personal delivery or by registered or certified mail, return receipt requested, or if the vehicle is not registered in the state or the city cannot determine the name and address of the owner or lien holder, by publication once a week for four consecutive weeks in a newspaper of general circulation in the city.
(b) The notice shall state:
(1) A description of the vehicle and its location;
(2) The name and address of the registered owner, if any, and the vehicle identification number of the vehicle;
(3) The reasons why the city considers the vehicle to be abandoned; and
(4) That unless within 15 days after the date of final publication of the notice: (i) the vehicle is removed or reclaimed and stored in a lawful manner, or (ii) a person with an interest in the vehicle requests a hearing under KCC 10.36.070, the city may without further notice dispose of the vehicle by sale, destruction, or other disposition authorized by law. [Ord. 1391 §20, 2020]
10.36.070 Hearing
(a) A person claiming an interest in a vehicle or trailer that is the subject of a notice under KCC 10.36.060 or that has been impounded under KCC 10.36.010 may obtain a hearing on whether the vehicle is subject to impound and/or disposal under this chapter by requesting the hearing in writing at the office of the city manager within 15 days after the date of the notice or impound.
(b) A hearing officer, who shall be the city manager or a person designated by the city manager, shall conduct the hearing within five business days after the city receives a timely request for a hearing under subsection (a) of this section unless a longer period is agreed to by the person requesting the hearing. The issue at the hearing shall be limited to whether the vehicle was subject to impound or is subject to disposal under this chapter.
(c) The hearing shall be conducted in an informal manner and shall not be subject to the technical rules of evidence. Any person claiming an interest in the vehicle may appear, present evidence, and cross-examine witnesses. The hearing shall be recorded.
(d) Within three business days after the conclusion of the hearing, the hearing officer shall prepare a written decision whether the vehicle or trailer was properly impounded and/or is subject to disposal under this chapter, stating the reasons for the decision. The city shall mail or deliver a copy of the decision to each person who appeared at the hearing and claimed an interest in the vehicle.
(e) Any person aggrieved by the hearing officer’s decision under subsection (d) of this section may appeal the decision to the superior court within 30 days after the date the decision was mailed or delivered to the parties. Unless the court orders otherwise, the city may impound a vehicle under this section immediately after issuing a decision approving its disposal, but may not dispose of the vehicle until either the court affirms the decision, or the time for appeal expires without an appeal having been filed. The city shall be entitled to recover all costs incurred, including reasonable attorney fees, for the hearing and appeal if the city prevails on appeal. [Ord. 1391 §20, 2020]
10.36.080 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 this chapter by paying the charges of towing, storage, notice, other cost of impoundment, and any applicable penalty for violation of KCC 10.36.010 or other law. [Ord. 1391 §20, 2020]
10.36.090 Disposal of abandoned vehicles
Upon satisfaction of the notice and hearing requirements prescribed in this chapter, the city may dispose of an abandoned vehicle by removing it to a scrap processing yard or auto wrecker for disposal, or by public auction not less than 20 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. [Ord. 1391 §20, 2020]
10.36.100 Proceeds from sale of abandoned vehicles
The proceeds of any sale of an abandoned vehicle shall be applied first to reimburse the city for costs of disposing of the vehicle, including towing, storing, and selling the vehicle, and second to satisfy any fine or penalty that has been imposed for the unlawful abandonment of the vehicle. Any part of the proceeds remaining thereafter shall be made available to the former owner of the vehicle if claimed within 30 days from the date of sale, and if not so claimed shall become the property of the city. Unclaimed proceeds shall be deposited with the city and accounted for as a fund for the disposal of abandoned vehicles and shall be made available to the police department for expenses incurred in the disposition of abandoned vehicles which do not generate any revenue. [Ord. 1391 §20, 2020]
10.36.110 Records kept
(a) A person authorized by contract, or other official order, to tow and/or store vehicles shall maintain and make available to the city such records as the city may require, including, but not by way of limitation, written records reflecting the time, place, and circumstances associated with the impoundment of each such vehicle, an inventory of its contents at the time of impoundment, and details concerning its release or sale at public auction.
(b) All records maintained pursuant to this chapter shall be retained for at least two years and made available to the city upon request. In no event shall any records maintained pursuant to this section be destroyed without prior written consent of the city. [Ord. 1391 §20, 2020]
10.36.120 Vehicle defined
For the purpose of this chapter, “vehicle” shall include any motor vehicle, off-road vehicle, trailer, including any load on the trailer, or any portion thereof regardless of whether the vehicle is operable. [Ord. 1391 §20, 2020]