10.10.110 Impoundment notice – Vehicle disposition.
(a) Not later than 24 hours, excluding Saturdays, Sundays, borough and federal holidays, after a vehicle and its contents have been impounded by the borough, the airport manager shall cause notice to be given to the owner of record of such vehicle as indicated in the motor vehicle records of the Alaska Department of Public Safety. Notice shall also be given to any lienholder of record as indicated on the motor vehicle records of the Alaska Department of Public Safety and any other persons known to be lawfully entitled to possession of the vehicle. The notice shall describe the vehicle and its contents, give the date the vehicle was impounded, state the grounds for impoundment, the location of the place of impoundment, and state that unless the vehicle is redeemed within 30 days after the date of the notice, title to the vehicle and its contents shall vest in the borough and the vehicle and its contents will be sold or otherwise disposed of as provided by law. The notice shall also state that if a written request for a hearing is filed with the borough manager within 10 days after completion of service of the notice, a hearing will be conducted within 24 hours, excluding Saturdays, Sundays and borough holidays, to review the impoundment of the vehicle unless the right to hearing within such 24-hour time period is waived. The right to any hearing shall be deemed waived if not timely requested as provided in this subsection.
(b) The notice referred to in subsection (a) of this section shall be given either by personal delivery to the person to be notified or by registered or certified mail, return receipt requested, addressed to the person at his address as shown on the motor vehicle records of the Alaska Department of Public Safety. Notice by personal delivery shall be complete upon delivery and notice by mail shall be deemed complete upon the return of the receipt or upon return of the notice as undeliverable, refused or unclaimed. Proof of the giving of notice in either manner may be made by affidavit of the person giving notice by personal delivery or by mail, naming the person to whom the notice was given and specifying the time, place and manner of giving notice.
(c) Any hearing under this section shall be conducted in the manner provided by AS 28.05.131 and 28.05.141, except that all references to “the department” shall be deemed to refer to the airport manager and all references to “the commissioner or other officers of the department” shall be deemed to refer to the borough manager or the borough manager’s designee.
(d) If the hearing officer finds that the person ordering the impoundment has not shown that the impoundment was proper, the vehicle shall be released to the registered owner and no charges shall be imposed for any towing, notice, storage charges, or other costs of impoundment accrued prior to the time the hearing officer finds the impoundment improper.
(e) Title to an impounded vehicle and its contents shall vest in the borough 30 days after notice is complete unless a hearing is requested pursuant to subsection (a) of this section and, in such event, title shall vest upon determination that the impoundment was proper.
(f) A person who presents satisfactory proof of ownership or right to possession may redeem an impounded vehicle at any time before sale or other disposition thereof by paying the fees and charges of towing, storage, notice, and any other costs of impoundment or applicable penalties imposed by law. The right of redemption provided for in this subsection is in addition to the right of a person to obtain the release of an impounded vehicle after hearing pursuant to subsection (d) of this section. [Ord. No. 909, §6, 6-21-93; Ord. No. 536, §6, 6-17-85. Code 1974 §15.11.040.]