KODIAK ISLAND BOROUGH STAFF REPORT JUNE 8, 2017 ASSEMBLY WORK SESSION

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August Newman
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1 KODIAK ISLAND BOROUGH STAFF REPORT JUNE 8, 2017 ASSEMBLY WORK SESSION SUBJECT: Junk Vehicles Discussion ORIGINATOR: Michael Powers RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough

2 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska Phone (907) Fax (907) Memorandum Date: June 7, 2017 To: Borough Mayor and Assembly Cc: Borough Manager From: Community Development Director RE: Junk Vehicles The Assembly has requested information on junk vehicles. This memo is a brief summary of the Borough s junk vehicle program and is organized in the following way: 1. Defining junk vehicle 2. Applicable state law 3. Applicable local law 4. KIB junk vehicle program overview 5. KIB junk vehicle program history 6. Cooperation with other agencies 7. Photos of junk vehicles 1. Defining junk vehicle The term junk vehicle is defined in state law by AS AS states that: (1) "junk vehicle" means a vehicle that (A) is not currently registered under AS 28.10, except for a vehicle not currently registered under AS and used exclusively for competitive racing; (B) is stripped, wrecked, or otherwise inoperable due to mechanical failure; (C) has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle; or (D) is in a condition that exhibits more than one of the following elements: (i) broken glass; (ii) missing wheels or tires; (iii) missing body panels or parts; or

3 (iv) missing drive train parts. (2) "wrecked vehicle" means a vehicle that is disabled and cannot be used as a vehicle without substantial repair or reconstruction. The term junk vehicle is not defined in Kodiak Island Borough Code (KIBC), but the terms junk and abandoned vehicle can be found in KIBC KIBC states that Abandoned vehicle means any motorized or towed vehicle, wheeled or tracked, which has been left unattended for a length of time which has resulted in the vehicle s deterioration or destruction. Junk means any worn out, cast-off, or discarded article or material which is ready for destruction or has been collected or stored for conversion or salvage to some other use. 2. Applicable state law State law pertaining to junk/abandoned vehicles is located in Alaska Statute (AS) Title 28 Motor Vehicles, Chapter 11 Abandoned Vehicles. 3. Applicable local law Borough law pertaining to junk/abandoned vehicles is located in KIBC Junk or Abandoned Vehicles and was first codified in 1982 through Ordinance No O. 4. KIB junk vehicle program overview The junk vehicle program is currently administered by the Borough s Code Enforcement Officer and is funded at $15,000 annually. Based on KIBC, the Code Enforcement Officer follows these steps when dealing with junk abandoned vehicles: Identify junk abandoned vehicle (discovery or report) Affix tag to vehicle, take photos, and document VIN and license plates Attempt to identify and contact registered owner through Alaskan Data If vehicle is not removed within 5 days, send Junk Vehicle Report to either Nick s Salvage or Rhino Towing (A vehicle owner may apply for a 30 day waiver, which puts a stay on towing/disposal actions) Pay for tow and/or disposal It is worth noting that the process for managing and disposing of abandoned vehicles is, by code, different than the process for managing and disposing of junk abandoned vehicles (both funded out of the Junk Removal Services budget; see below). The two major differences are 1) the waiting period for disposal action is 20 days for abandoned vehicles and 2) abandoned vehicle notices must be published in a newspaper of general circulation if the vehicle owner is unknown. The Borough may recover costs, per KIBC and AS (c), but has never done so. 5. KIB junk vehicle program history The graph below (Figure 1) shows the last 10 years of budgeted vs. spent dollars for the Junk Removal Services budget ( ). 2

4 $120,000 $100,000 $80,000 $60,000 $40,000 Budgeted Spent $20,000 $0 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 Figure Year Expenditure Summary The table below (Figure 2) shows the number of tows completed in each of the last 10 fiscal years, how many of those tows were completed in conjunction with the junk vehicle removal lottery program, the total dollar amount expended each fiscal year, and the average cost per vehicle in each fiscal year. Year Completed Tows Lottery Tows Funds Expended Average Cost per Vehicle FY $100, $ FY $68, $ FY $96, $ FY $86, $ FY $5, $ FY $7, $ FY $10, $ FY $13, $ FY $4, $ FY $6, $ Totals: $401, $ Figure Year Tow and Expenditure Data Based on available records, it appears that the junk vehicle removal, or lottery, program began in the early 2000s and continued through spring This annual spring program allowed individuals who met eligibility criteria to sign up for a drawing to have their junk vehicle removed at the Borough s expense. The Code Enforcement Officer was instructed not to offer this program for spring 2015 and spring For spring 2017, there were not sufficient funds left in the Junk Removal Services budget. 6. Cooperation with other agencies Other agencies having jurisdiction within the boundaries of the Kodiak Island Borough also deal with the management and removal of junk vehicles. These organizations include the Alaska 3

5 Department of Transportation & Public Facilities, the City of Kodiak, and the U.S. Coast Guard. A map is provided below (Figure 3). Figure 3. Road System Ownership in the Kodiak Urban Area Unless a road is under Borough ownership, the Borough does not have the authority to tag or remove the vehicle. The Borough works with the aforementioned agencies in alerting them to the presence of junk vehicles and vice versa, but there is no formal overlap in the junk and abandoned vehicle removal programs for any of these organizations. 7. Photos of junk vehicles The following photos depict the varying conditions and locations of junk vehicles abandoned on Borough roadways. Figure 4. Junk and abandoned vehicles at Selief Apartments Figure 5. Abandoned junk vehicle on Woodland Drive Figure 6. Abandoned junk vehicle on Monashka Bay Road in DOT&PF right-of-way Figure 7. Abandoned junk vehicle at helo pad site on Spruce Cape Road Figure 8. Abandoned junk vehicle at Sargent Creek on W. Rezanof Drive Figure 9. Abandoned junk vehicle at Dark Lake Park 4

6 Figure 4. Figure 5. 5

7 Figure 6. Figure 7. 6

8 Figure 8. Figure 9. 7

Chapter 257 VEHICLES AND APPLIANCES, ABANDONED AND JUNKED

Chapter 257 VEHICLES AND APPLIANCES, ABANDONED AND JUNKED 257-1. Abandoned vehicles prohibited. 257-2. Definitions. 257-3. Irrebuttable presumptions. 257-4. Removal and impoundment of vehicles. 257-5.