§ 9.28.035. Abatement of vehicles operated by delinquent offenders.

A.

Any motor vehicle operated by a person who accumulates delinquent traffic fines totaling more than $1,000.00 is a public nuisance subject to abatement as provided in this section. The purpose of abatement is to remove motor vehicles operated by repeat traffic offenders who have not been subject to the deterrent and rehabilitative effects of sentencing, and who therefore pose a heightened danger to the public. The purpose of abatement is not to generate revenue.

B.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Arrest means traffic stops by a peace officer for the purpose of issuing a citation and detentions based upon reasonable suspicion of criminal activity.

Delinquent traffic fine means an unpaid traffic fine referred to the municipality for collection by the Alaska Court System.

Traffic fine means a fine issued by the municipality for a moving violation. Traffic fine does not include fines for parking violations.

C.

A motor vehicle that is a public nuisance may be abated through seizure by order of the court upon a showing of probable cause the motor vehicle was operated in violation of subsection A. Abatement without a court order may be made if seizure is incident to an arrest and there is probable cause to believe the motor vehicle was operated in violation of subsection A.

D.

A vehicle seized under subsection C. may be held by the municipality for up to two days before the registered owner or lienholder may obtain release of the seized vehicle. For purposes of computing the two-day period, the day the vehicle is seized is not included and Saturdays, Sundays, and municipal holidays are not included.

E.

Notice of the seizure shall be provided as set forth in section 9.28.026C.7.

F.

A post-seizure probable cause hearing shall be provided as set forth in section 9.28.026C.13. unless seizure is pursuant to a court order.

G.

If the registered owner or lienholder was not the person operating the motor vehicle in violation of this section, the registered owner or lienholder may obtain release of the motor vehicle upon:

1.

Agreement the registered owner or lienholder shall take reasonable steps to prevent the operation of the motor vehicle in violation of this section;

2.

Proof of insurance of the motor vehicle in a form acceptable to the municipality;

3.

Proof of ownership or a legal right to repossess the vehicle; and

4.

Payment of an administrative fee of $410.00, towing and storage fees, and any court costs imposed.

H.

If the registered owner or lienholder was the person operating the motor vehicle in violation of this section, the registered owner or lienholder may obtain release of the motor vehicle upon:

1.

Complete payment of all delinquent traffic fines;

2.

Proof of insurance of the motor vehicle in a form acceptable to the municipality;

3.

Proof of ownership or a legal right to repossess the vehicle; and

4.

Payment of an administrative fee of $410.00, towing and storage fees, and any court costs imposed.

I.

A motor vehicle seized under this section may be forfeited to the municipality upon order of the court. The municipality may not bring an action for forfeiture unless the action is brought within six months from the date of seizure of the vehicle.

1.

To obtain an order for forfeiture the municipality must establish by a preponderance of the evidence the motor vehicle was operated in violation of this section.

2.

A registered owner or lienholder may avoid forfeiture and obtain release of the motor vehicle without fees or costs after showing by a preponderance of the evidence the motor vehicle was legally unjustified as defined under section 9.28.026F.

3.

If the registered owner or lienholder fails to show the motor vehicle was legally unjustified, the court shall order the motor vehicle forfeited to the municipality, if the motor vehicle is not retrieved under subsection G. or H., as applicable, within five days of the order.

4.

A registered owner or lienholder may, after the commencement of an action under this section, retrieve the motor vehicle under subsection G. or H., as applicable.

J.

A registered owner may obtain temporary release of a vehicle upon:

1.

Proof of insurance of the motor vehicle in a form acceptable to the municipality;

2.

Proof of ownership or a legal right to repossess the vehicle;

3.

Payment of an administrative fee of $410.00, towing and storage fees and post in cash a vehicle return bond in the amount $1,000.00.

K.

Notwithstanding the determination of a vehicle as a public nuisance under this section, the vehicle return bond shall be returned to a registered owner or lienholder who was not operating a motor vehicle in violation of this section if the registered owner complies with subsection G.1.

L.

The vehicle return bond in shall be forfeited to the municipality if a registered owner or lienholder who was operating a motor vehicle in violation of this section fails to show the seizure of the motor vehicle was legally unjustified under subsection I. and the registered owner or lienholder fails to return the vehicle to the municipality in accordance with the terms of release or upon order of the court. The court shall, upon motion by the municipality, also order seizure of the vehicle.

M.

A motor vehicle forfeited under subsection I. may be disposed of as set forth in section 9.28.026 E.7.

N.

Proof a registered owner or lienholder did not known or could not reasonably have known the vehicle was operated in violation of this section is not a defense to the requirements of release under subsection G. or H., as applicable, or to an action under subsection I.

O.

The administrative fee under subsection G. or H., as applicable, may be waived in exceptional cases or if it is in the best interests of the municipality. The administrative fee shall not be imposed if notice is not provided as required under subsection E. or the administrative hearing officer finds no probable cause under subsection F.

(AO No. 2007-161, § 5, 12-11-07; AO No. 2010-76, § 7, 10-26-10; AO No. 2010-81(S-1), § 10, 12-7-10, eff. 1-1-11)