Anderson 

Chapter 9.16

ABANDONED AND JUNKED MOTOR VEHICLES

Sections:

ARTICLE I. ABANDONED VEHICLES

9.16.010 Definitions.

9.16.020 Police powers.

9.16.030 Removal of abandoned vehicles.

9.16.040 Disposition of abandoned vehicles.

9.16.050 Removal conditions--Report by police.

9.16.060 Costs of removal.

9.16.070 Violation-Penalty.

ARTICLE II. JUNKED VEHICLES

9.16.080 Junked vehicles prohibited--Exception.

9.16.090 Abatement by owners.

9.16.100 Evidence of violation.

9.16.110 Removal by city.

9.16.120 Violation--Penalty.

ARTICLE I. ABANDONED VEHICLES

            9.16.010 Definitions. A. Abandoned.

1. For the purpose of this article, a vehicle is presumed to be abandoned if it:

                        a. Is left unattended upon any area set forth in Section 9.16.030 for a period in excess of three days;

                        b. Has an estimated retail value of two hundred dollars or less; and

                        c. Is not capable of moving under its own power.

2. If a vehicle is operable or if the estimated retail value of the vehicle exceeds two hundred dollars, the vehicle will be presumed to be abandoned if it is left unat­tended upon any area set forth in Section 9.16.030 for a period in excess of five days.

B. Vehicle. As used in this chapter, "vehicle" means any motor vehicle and includes the body or any part of such motor vehicle. (Prior code AO §11.12.030{G) and (J))

9.16.020 Police powers. The police department is au­thorized to promulgate rules and regulations to implement and enforce this chapter. (Prior code AO §11.12.030(I))

9.16.030 Removal of abandoned vehicles. A. It is unlawful for any person to abandon a vehicle on a street or highway in the city.

B. It is unlawful for a person to abandon a vehicle on public property not set aside by law as a refuse disposal open for the disposal of vehicles.

C. It is unlawful for a person to abandon a vehicle on private property unless such property is licensed as a junkyard and is open for the disposal of vehicles. (Prior code AO §11.12.030(A), (B) and (C))

9.16.040 Disposition of abandoned vehicles. A vehicle abandoned under Section 9.16.030 is declared to be a public nuisance. An abandoned vehicle may be impounded. If the estimated retail value of the vehicle exceeds two hundred dollars, notice and sale shall be made in accordance with Alaska Statutes 28.31. Notice and sale requirements are not applicable to an inoperable vehicle which has an estimated retail value of two hundred dollars or less. Such vehicle upon impoundment may be summarily abated without notice and sold, crushed, or disposed of in any other manner selected by the city as an economically efficient means of disposal. Upon disposal, the city shall notify the State Department of Revenue pursuant to Alaska Statutes 28.10.440. The chief of police or his designee shall determine estimated retail val­ue. (Prior code AO §11.12. 030 (D))

9.16.050 Removal conditions--Report by police. A. Removal of an abandoned vehicle from private property shall be on the written request of the owner or person in lawful possession or control of the property on a form prescribed by the city.

B. A written report of the removal shall be made by the police department. The report shall describe the vehi­cle, the estimated retail value, the date, time and place of removal, the grounds for removal and the place of impound­ment of the vehicle. (Prior code AO §11.12.030 (E) and (F))

9.16.060 Costs of removal. The costs of abatement may be charged or assessed by the city against any or all of the following:

A. The vehicle;

B. The registered owner of the vehicle;

C. The person who has acquired the right to possession of the vehicle from or through the registered owner. (Prior code AO §11.12.030 (H))

9.16.070 Violation-Penalty. A person who violates Section 9.16.030, upon conviction, is punishable by a fine of not less than fifty dollars nor more than one hundred dollars. When a fine is imposed under the provisions of this section, it shall be in addition to the cost for towing, storage, notice, disposal or other costs of impound­ment. (Prior code AO §11.12.030 (K))

ARTICLE II. JUNKED VEHICLES

9.16.080 Junked vehicles prohibited--Exception. Un­sheltered storage of a stripped, junked or wrecked vehicle for a period of ten days or more within the corporate limits of the city is declared to be a public nuisance. The pro­visions of this article are not applicable to a licensed junkyard or refuse disposal. (Prior code AO §11.12.040(A))

9.16.090 Abatement by owners. It is unlawful for the owner, owners, tenants, lessees and/or occupants of any lot within the corporate limits of the city upon which such storage is made to fail to abate the public nuisance by im­mediately moving the vehicles:

A. Into a completely enclosed building;

B. To a licensed junkyard or refuse disposal;

C. To a location outside the corporate limits of the city. (Prior code AO §l1.12.040(B))

9.16.100 Evidence of violation. A prime facie case shall be made under Section 9.16.090 upon proof that on the day the complaint was issued the vehicle had been stored unsheltered for a period of ten days or more, and that the vehicle:

A. Was not licensed as a motor vehicle in compliance with the laws of Alaska; or

B. Could not be operated as a motor vehicle in compli­ance with the laws of Alaska because of mechanical failure. (Prior code AO §11.12.040(C))

9.16.110 Removal by city. Whenever the persons set forth in Section 9.16.090 fail to abate the nuisance, the city may abate the nuisance. (Prior code AO §11.12.040(E))

9.16.120 Violation--Penalty. Upon a conviction for violation of Section 9.16.090 the offender or offenders, and each of them, shall be fined not less than fifty dollars nor more than one hundred dollars for each offense. A separate offense shall be deemed committed on each day on which the nuisance is permitted to exist. (Prior code AO 11.12.040 (D))