§ 12.06.020. Notice and hearing.

A.

Notice of removal and storage of an abandoned vehicle to owners and lienholders shall be given in compliance with the provisions of AS 28.11.040. Notice of a right to a hearing regarding forfeiture of title, payment of costs, and other issues associated with the abandonment and abatement of the abandoned vehicle shall be included in the notice to the owner and lienholders.

B.

Notice of removal and storage of an abandoned vehicle shall be given in the manner set forth in AS 28.05.121.

C.

Hearings shall be conducted consistent with due process and in accordance with a resolution adopted by the road service area board or planning commission as appropriate. The following hearing procedures shall apply:

1.

Hearings are informal and the rules of evidence do not apply.

2.

Hearings may be telephonic unless the hearing officer determines this would prejudice the rights of a party.

3.

The hearing may be delayed for good cause.

4.

If a person fails to attend or appear for the hearing at the time and place stated by the hearing officer, the person's failure to attend or appear shall be considered a waiver of the hearing.

5.

The hearing officer shall state the reasons for the decision in writing and indicate the evidence relied upon. The decision shall be issued to parties participating in the hearing process.

6.

A party aggrieved by the hearing officer's decision may request reconsideration within ten days of distribution of the written decision. Reconsideration shall be heard by the road service area board or planning commission as appropriate.

7.

A party aggrieved by the reconsideration decision may, within 30 days after distribution of the decision, file an appeal in superior court for the third judicial district, State of Alaska, at Kenai in compliance with the Alaska Rules of Appellate Procedure, Part Six. A party must timely request reconsideration under KPB 12.06.020(C)(6) in order to be entitled to an appeal to superior court.

(Ord. No. 2000-36, § 1, 9-12-00)