MEMORANDUM

TO: Tim Navarre, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Dale Bagley, Mayor

DATE: January 25, 2001

SUBJECT: Ordinance amending KPB 12.06 regarding abandoned vehicle abatement procedure

The administration would like to undertake a junk and abandoned vehicle program this spring. Junk and abandoned vehicles in borough rights-of-way, borough lands, and private lands are numerous, unsightly, and jeopardize health and safety. In September 2000, the assembly adopted a vehicle abatement ordinance for borough rights-of-way and property. We would like to accept junk and abandoned vehicles on a voluntary basis from private property owners as well. AS 28.11 authorizes junk vehicle abatement on public property and rights-of-way and private property. KPB 12.06 was adopted in order that the borough could accept title and dispose of the vehicles without going through the state as required by statute and to avoid the need to defend and indemnify the state for notice deficiencies to record owners and lienholders of the vehicles. It is recommended that KPB 12.06 be amended to include private property so that the borough may collect and accept junk vehicles from private property on a voluntary basis following the same procedures used when the borough abates vehicles on public property and rights-of-way.

A house cleaning amendment is also made to the definition of the word "road" necessitated by the recent transfer of right-of-way permitting to the road service area in Ordinance 2000-57.

A $75,000 appropriation is requested to establish a right-of-way cleanup project to remove debris and vehicles from problem areas during the spring and summer of 2001. Although it is impossible to clean all rights-of-way in one summer season, this project will assist the borough in determining the extent of right-of-way problems borough-wide.

Upon funding approval, Roads, Planning and Solid Waste department employees will immediately begin working together to inventory rights-of-way, tag vehicles, prepare public notifications and eventually remove vehicles and debris for disposal or recycling.

Prior to removal of debris and vehicles, an extensive public education campaign will be required to allow the public to remove their personal property from rights-of-way. After voluntary removal, an inventory of borough rights-of-way would be performed by road service and planning staff to determine quantity and types of material left in rights-of-way. Areas will be prioritized for cleanup based on this inventory.

Based on procedures outlined in AS 28.11 and KPB 12.06, vehicles would then be tagged, notices delivered to property owners, towed and held in a borough established impound areas until they are retrieved or properly disposed.

The Solid Waste Department will manage contract services for towing/removal services and vehicle crushing, hauling and recycling. A procedure for hazardous material abatement and tire removal will be required and secured impound yards will have to be established in centrally located areas of the borough. Vehicles will be held in impound until the accumulated numbers make it economical for a recycling company to crush, load and haul to market.

Borough staff will be used wherever possible to assist with securing impound areas, debris removal and overseeing disposal efforts. Borough staff will also attempt to recruit volunteers to assist with notifications and removal, and will work with cities and other entities to consolidate and assist with cleanup efforts.

The borough will concentrate its cleanup efforts on borough rights-of-way, but other borough lands will also be included in the cleanup. Additionally, cities, the public, and other organizations will be encouraged to deliver limited quantities of junk vehicles associated with their summer cleanup projects to borough approved collection locations.