Chapter 8.04
REMOVAL OF ABANDONED VEHICLES, PROPERTY AND REFUSE
Sections:
8.04.020 Abandonment unlawful.
8.04.030 Nuisance declared – Notice of removal.
8.04.050 Disposal – Reclamation by owner.
8.04.010 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings defined in this section:
A. “Abandoned” means any vehicle, personal property or refuse left abandoned, parked, stored, junked, wrecked, stripped, disposed of or otherwise unattended for a period of four or more days following notice of removal.
B. “Municipal property” means any municipal reserve or deeded property belonging to the city.
C. “Owner” means a person who claims title, either by legal use or legal establishment of ownership.
D. “Person” means any individual, firm, copartnership, corporation, nonprofit membership corporation, joint venture, association, estate, trust, business trust, trustee in bankruptcy, receiver, auctioneer, syndicate, assignee, club, society or other group or combination acting as a unit, body politic or political subdivision whether public or private or quasi-public, in the plural as well as the singular.
E. “Personal property” means a person’s tangible personal property which may be seen, weighed, measured by the physical senses and is capable of being possessed or owned singly or in part.
F. “Public nuisance” means any vehicle, personal property or refuse that has been abandoned four days or more on municipal property.
G. “Refuse” means garbage, sewage, ashes, litter, industrial waste and all other liquid or solid putrescible and nonputrescible wastes, from all public and private establishments and residences.
H. “Streets” means any road, street or land regularly used for vehicular traffic, and roads proposed or approved as outlined on North Slope Borough survey plats.
I. “Vehicle” means a vehicle as defined in AS 28.40.100(18). (Ord. 89-13 §3; Ord. 88-7 §3(part): Ord. 84-1 §3(part): prior code Ch. 9.45(1))
8.04.020 Abandonment unlawful.
It is unlawful for any person to abandon any vehicle, personal property or refuse in any street, roadway or municipal property not set aside as a disposal site for abandoned vehicles, personal property or refuse. (Ord. 88-7 §3(part): Ord. 84-1 §3(part): prior code Ch. 9.45(2))
8.04.030 Nuisance declared – Notice of removal.
Any vehicle, personal property or refuse abandoned under this chapter is declared a public nuisance.
A. Vehicles – Notice before Removal and Impoundment. A vehicle which is a public nuisance may be removed and impounded by the city only after notice is given. If the vehicle is registered in Alaska, notice shall be given to the owner and any lienholders of record, and to any person known to the city to be lawfully entitled to possession of the vehicle by certified mail and, if reasonably practicable in the sole opinion of the mayor, by posting on the vehicle. The notice shall state:
1. That the vehicle is considered to be a public nuisance, and the facts which support such designation;
2. That a hearing, if requested, will be conducted by the mayor or his designee at a date, time and place specified in the notice. The date set for the hearing shall be not less than ten days after service of the notice; and
3. That the vehicle will be removed and impounded at a specified location unless the mayor or his designee determines, at a hearing on the subject, that such action is not warranted.
B. Personal Property Other Than Vehicles – Notice before Removal and Impoundment. Personal property (including refuse) other than a vehicle which is a public nuisance may be removed and impounded by the city only after notice is given. Notice shall be given to the owner and to any person known to the city to be lawfully entitled to possession of the property by certified mail and, if reasonably practicable in the sole opinion of the mayor, by posting on the property. The notice shall state:
1. That the property is considered to be a public nuisance, and the facts which support such designation;
2. That a hearing, if requested, will be conducted by the mayor or his designee at a date, time and place specified in the notice. The date set for the hearing shall be not less than four days (excluding Saturdays, Sundays, and legal holidays) after service of the notice; and
3. That the property will be removed and impounded at a specified location unless the mayor or his designee determines, at a hearing on the subject, that such action is not warranted.
C. Notice before Removal and Impoundment When Owner Unknown. If a vehicle is not registered in Alaska or the name and address of the registered or legal owner or lienholder cannot be ascertained, or if the name and address of the legal owner of other property cannot be ascertained, the notice shall be posted on the property and in at least three conspicuous public places and, if possible, broadcast on radio and/or television.
D. Emergency Removal before Notice. If the mayor determines that immediate action to remove and impound the vehicle, property, or refuse is required because it presents an immediate threat to public health or safety, the city may remove and impound it immediately. The city shall promptly give notice of the opportunity for a hearing as soon after the removal and impoundment as possible.
E. Waiver of Right to Hearing. If there is no request for a hearing by the date and time specified in the notice, the hearing shall be deemed to have been waived.
F. Hearing. If a hearing is requested, the mayor or his designee shall conduct a hearing at the date, time and place specified in the notice. The hearing shall be conducted informally, and formal rules of evidence shall not apply. The hearing shall be recorded. The person requesting the hearing may be represented by an attorney at the hearing. At the conclusion, the mayor or his designee shall state his decision and the reasons for the determination, and indicate what evidence was relied upon. If the decision sustains the removal and impoundment of the vehicle, property or refuse, or if hearing is waived, the mayor or his designee shall order that the city proceed with the removal and impoundment.
G. Appeal. A person aggrieved by the decision of the mayor or the mayor’s designee may, within thirty days, appeal the decision in the manner specified by AS 28.05.141(d). (Ord. 89-13 §4: Ord. 88-7 §3(part))
8.04.040 Contractors.
The mayor or his designee may cooperate or contract with any public or private organization for the purpose of impoundment, removal and storage of property. (Ord. 88-7 §3(part): Ord. 84-1 §3(part): prior code Ch. 9.45(3)(B))
8.04.050 Disposal – Reclamation by owner.
A. Impoundment Report. When any vehicle, property, or refuse has been removed and impounded, the city or its contractor shall promptly prepare an impoundment report, which shall include a description of the impounded property, the name and address of the registered or legal owner, if known, the location from which the property was removed, the reason for the impoundment, the location at which it is impounded, the date after which it will be disposed of, and the procedure (including any charges to be paid) for reclaiming the property.
B. Notice of Impoundment. Within thirty days after the impoundment, the owner shall be given notice of the impoundment as follows:
1. If the registered or legal owner is known, a copy of the report shall be mailed by certified mail, return receipt requested, to the owner at the owner’s last known address.
2. If the property is a vehicle, a copy of the impoundment report shall in addition be mailed by certified mail, return receipt requested, to any lienholder of record.
3. If the property is a vehicle which is not registered in Alaska or the name and address of the registered or legal owner or lienholder of the vehicle cannot be ascertained, notice of the impoundment shall be given by publication of the impoundment report in the manner prescribed by the Alaska Rules of Civil Procedure for service of process by publication.
4. If the legal owner of property other than a vehicle is not known, copies of the impoundment report shall be posted in at least three conspicuous public places in the city.
C. Reclamation by Owner. A person who presents satisfactory proof of ownership or right to possession may reclaim a vehicle or other personal property which has been removed and impounded under this chapter, at any time before the vehicle or property has actually been disposed of pursuant to subsection D of this section, by paying the costs specified by Section 8.04.060.
D. Vesting of Title in City. Title to a vehicle or other personal property which has not been reclaimed shall vest in the city thirty days after notice has been given as required by this section. After title has vested in the city, the vehicle or personal property may be disposed of in any economical and efficient manner the mayor deems appropriate. Permissible means of disposal include but are not limited to sale at auction, disposal in the borough landfill, and assignment of a vehicle or other property to a city department for use by the city. (Ord. 89-13 §5)
8.04.060 Costs.
The cost of impoundment and removal will be borne by the owner of the items being impounded and removed. In the event the owner wants to reclaim the impounded vehicle, property or refuse, the owner will, in addition to the impoundment and removal fees, pay a storage fee at a cost determined to be a fair market value by the city council. No vehicle, property or refuse will be released until all costs under this section and Section 8.04.080 have been paid in full. The reimbursement fees recovered will be divided among those agencies involved in the removal and storage of the abandoned property. (Ord. 88-7 §3(part): Ord. 84-1 §3(part): prior code Ch. 9.45(5))
8.04.070 Summary removal.
Any vehicle, property or refuse for which a notice of removal is served and which is subsequently moved by the owner after it is declared a public nuisance, and is again observed to be abandoned and in violation of this chapter, may at any future date, without prior four-day notice of removal, be declared a public nuisance and immediately impounded and removed as outlined in this chapter. (Ord. 88-7 §3(part): Ord. 84-1 §3(part): prior code Ch. 9.45(7))
8.04.080 Violation – Penalty.
Any violations of this chapter shall be considered infractions punishable by a fine of up to three hundred dollars. When a fine is imposed under this section it shall be in addition to the costs of impoundment and recovery charges. (Ord. 88-7 §3(part): Ord. 84-20 §6; Ord. 84-1 §3 (part): prior code Ch. 9.45(6))