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1982-04 Relating to the Disposal of Junk or Abandoned Vehicles.0 2 n ;. KODIAK ISLAND BOROUGH ORDINANCE NO. 82 -4 -0 AN ORDINANCE RELATING TO DISPOSAL OF JUNK OR ABANDONED VEHICLES. The Assembly of the Kodiak Island Borough hereby ordains: The Code of Ordinances of the Kodiak Island Borough is amended by the ddition of new Chapter 10.10 as follows: TITLE 10 VEHICLES AND TRAFFIC SECTION 1. hapter• 10.10 Junk or Abandoned Vehicles Chapter 10.10 ections: 10.10.005 Definitions. 10.10.010 Junk or abandoned vehicles. 10.10.020 Disposition of junk or abandoned vehicles. 10.10.030 Junk vehicles or other junk. 10.10.040 Disposition of junk vehicles. 10.10.050 Vehicles both junk and abandoned. 10.10.060 Recovery costs. 10.10.070 Other rights reserved. 10.10.005 .Definitions. For the purposes of this Chapter the following efinitions shall apply: a. "Junk ". Any worn out, cast off, or discarded article or material which s ready for destruction or has been collected or stored for conversion or salvage to score other use. b. "Abandoned vehicles ". Any motorized vehicle, wheeled or tracked, which as been left unattended for any length of time which has resulted in the ehicles deterioration or destruction. 10.10.010 Junk or abandoned vehicles. a. It is unlawful for a person to abandon junk or a vehicle an a street or ighway within the Borough. b. It is unlawful for a person to abandon junk or a vehicle on public roperty not set aside by law as a refuse disposal site open for the disposal of 'unk or vehicles. 7 1 c. It is unlawful for a person, without the consent of the property owner r person in possession or control of property, to abandon junk or a vehicle on aid property unless such property is licensed as a junkyard and is open for isposal, or unless all necessary fees for removal and storage have been paid nd all other requirements of disposal have been met. 10.10.020 Disposition of junk or abandoned vehicles. a. An abandoned vehicle or junk may be impounded. b. Adequate notice of impoundment and procedures for redemption of junk or vehicle shall be given to registered owners of vehicles and other persons known o have a legal interest in them. Adequate notice shall consist of a certified letter or personal service, when the persons involved are known, or publication I at least once in a newspaper of general circulation, if such persons are not L The notice shall contain: 1. A description of the junk or vehicle and any property therein; 2. The date, time and place of removal; 3. An indication of the place of impoundment; 4. An itemized statement of amounts due the Borough for towing and storage and stating that such fees must be paid prior to redemption of the junk or vehicle; and 5. A statement that unless the right to possession is established to the satisfaction of the Borough Manager and the junk or vehicle reclaimed within 'twenty (20) days from the date of mailing or publication of the notice, or unless arrangements are made for the storage of the junk or vehicle within that time, the junk or vehicle and its contents may be sold at public auction or, at the Borough Manager's discretion, if the junk or vehicle is determined to be inoperable or worth less than $200.00, disposed of by crushing or other means of destruction. c. If the junk or a vehicle impounded pursuant to the above provisions is of redeemed within the 20 -day period set forth above, the Borough Manager may blish in a newspaper of general circulation a notice of public auction. The n otice shall contain a description of the junk or vehicle, the name of the I i owner if known, and a provision stating that the junk or vehicles described will; b e sold to the highest responsible bidder, and a certificate of sale will be issued for the junk or vehicles sold. Such auction may be held ten (10) days or more following the date of advertisement. Impounded vehicles or junk may 1 O !) n ! ' 7 ? 1 without further notice at the expiration of the 20 -day redemption period. If a vehicle is destroyed, the Borough Manager shall notify the Alaska Department of Public Safety as provided by AS 28.10.440. d. The Borough shall keep a record of all vehicles and junk impounded, containing the date, time and place of impounding, description of the junk or vehicle and contents therein, estimated retail value of the junk or vehicle, its j 'operating condition, cause for which impounded, place of impoundment, date of redemption if redeemed, amount paid upon redemption, date of notice to owner and means of notice, notice of sale, record of sale, price paid and name of purchaser, or record of other means of disposal. e. An abandoned vehicle or junk may be removed from private property if the owner or person in lawful possession or control of the property makes a written request prior to removal. 10.10.030 Junk vehicles or other junk. a. It is unlawful for the registered owner or other person with legal right to possession of a junk vehicle or other junk to place or allow such vehicle or junk to remain in public view en any property within the Borough for more than five (5) days. It is also unlawful for the owner, tenant or other person in possession or control of any property to cause or allow a junk vehicle . or other junk to be placed or remain in public view on such property for more than five (5) days. b. Notwithstanding the provisions of subsection a. above, if the Borough 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 Bor wgh Manager may authorize a period of no more than thirty (30) 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 metl c. If a junk vehicle or other junk has been abandoned on private property,, the owner, tenant or other person in control or possession of the property upon which the vehicle has been abandoned may request the vehicle's removal pursuant to Section 10.10.020(e). n 1 1 7 10.10.04.9 Disposition of junk vehicles. a. Upon observation of what appears to be a junk vehicle or other junk, he Borough Manager shall give written notice by personal service or certified ail to any or all offenders described in Section 10.10.010 as well as notice ffixed to the vehicle or junk. Notice affixed to the vehicle or junk shall uffice for subsequent action if none of the offenders described in Section 0.10.010 can be located and served within the five -day period. The notice hall contain: 1. The street address and other information sufficient to identify the I 'location of the vehicle or junk; 2. A statement that the vehicle or junk constitutes a public nuisance and ' copy or summary of the relevant code sections; i 3. A statement that if the vehicle or junk is not removed from public view] ithin five days from issuance of the notice, the Borough shall impound and selil br destroy the vehicle or junk at the offender's expense; and 4. A statement that if the offender can show ability and willingness to ake the repairs necessary to convert the junk vehicle into an operable vehicle, 'application may be made at any time before the five days have expired 1 '30 -day waiver to make the necessary repairs. b. Upon expiration of the five -day, or 30 -day period where relevant, the 1 im ound a junk vehicle or other j unk and sell it at public Borough Manager may P auction pursuant to the notice provisions of Section 10.10.020(c) or may have the vehicle privately sold, crused or otherwise destroyed without further notice! rovisions of Section 10.10.020(c). If a vehicle is destroyed, in accord with the p the Borough Manager shall notify the Alaska Department of Public Safety pursuant!. o AS 28.10.440. 10.10.050 Vehicles both junk and abandoned. In the event that a vehicle as defined in this chapter, the Borough may pursue junk or abandoned vehicle provisions of this is both junk and abandoned, its abatement under either the chapter or parts of both. 10.10.060 Recove for a costs. The costs of impounding, storing, selling and destroying junk or abandoned vehicles may be charged or assessed by the Borough against the vehicle, the registered owner of the vehicle, any person who I i acquired legal title to the vehicle from or through the registered owner l any person who has violated Section 10.10.010 or Section 10.10.030a. has and 1 10.10.070 Other rights reserved. a. Nothing in this chapter shall be construed as limiting the right of any person to operate a lawful junk or storage yard. b. Nothing in this chapter shall be construed to limit the rights of the ,Borough, pursuant to other provisions of this title and the common law, to abate summarily a public nuisance, including but not limited to the nuisances !defined in this chapter. c. Nothing in this chapter shall be construed as limiting the authority of law enforcement officers to impound vehicles or other junk and arrange for its storage, sake, redemption or destruction as provided in other titles of this code. PASSED AND APPROVED this / day of the Kodiak Island Borough Assembly. ATTEST: By �r Ei \ /�� ee".".( - 227( 1 Borough Clerk/ ordinance No. 82 -4 -0 Page 5 I n KODIAK�ISIAND BOROUGH ' i1 , 1982 by! First Reading, Approval Date: January 6, 1982 'Second Reading, Public Hearing, Approval Effective Date: Recommended By: