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(a) The person who stores an abandoned vehicle at the direction of the peace officer or employee under this chapter shall, within 30 days of receiving the vehicle, give notice to the vehicle owner of record and to any lienholder of record stating the grounds for removal and the place of impoundment of the vehicle. Notice must be given either by personal delivery to the person to be notified or by certified mail, return receipt requested. Proof of the giving of notice in either manner may be made by the affidavit of the person giving the notice by personal delivery or by mail, naming the person to whom the notice was given and specifying the date, time, place, and manner of giving the notice.
(b) If the vehicle is not registered in the state, or the name and address of the registered or legal owner or lienholder cannot be ascertained, notice must be published, as defined in § 1.10.030. Proof of publication must be made by affidavit, to which affidavit shall be attached a printed copy of the published notice with the place and dates of publication marked therein.
(Ord. 01-03, passed 1-8-02)
Title to an impounded vehicle not reclaimed by the registered owner, any lienholder, or other person entitled to possession within 30 days from the notice given under § 12.60.040 vests with the city, subject only to any storage or towing lien.
(Ord. 00-03, passed 6-15-00)
A person who presents satisfactory proof of ownership or right to possession of the vehicle may redeem a vehicle removed under this chapter at any time before auction or other disposal of the vehicle by paying the charges of towing, storage, notice, other costs of impoundment, and any applicable penalty imposed by law.
(Ord. 01-03, passed 1-8-02)
(a) Upon satisfaction of the notice and reporting requirements of this chapter, a vehicle may, at the Mayor's discretion, be disposed of by public auction or by removal to a landfill, scrap processor, or auto wrecker for destruction or scrap. If disposed of by public auction, the auction may be held not less than 20 days after notice of the auction is published, as defined in § 1.10.030. A notice of auction must describe the vehicle and specify the place, date and time at which it will be sold. A copy of the notice of auction shall be sent to the state of Alaska, Department of Administration.
(b) A vehicle disposed of by public auction must be titled by the State of Alaska under A.S. 28.10 pursuant to A.S. 28.11.070.
(c) Notwithstanding this section, a person who disposes of an abandoned vehicle under this section may initiate a civil action against the person considered responsible for the abandonment under § 12.60.010 and recover costs exceeding receipts for disposal of the vehicle.
(Ord. 01-03, passed 1-8-02)
An owner, lienholder, or other person lawfully entitled to possession of an abandoned vehicle removed under this chapter is entitled to an administrative hearing as soon as possible after the removal of the vehicle. Hearings shall be informal and technical rules of evidence do not apply. A person who requests a hearing may retain an attorney if the person desires. The hearing officer shall be appointed by the Mayor. Proceedings of the hearing shall be recorded. The hearing officer shall state on the record the evidence relied on and the reasons for the officer's determination.
(Ord. 01-03, passed 1-8-02)
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