A. If the borough has reason to believe a vehicle is abandoned as defined in HBC 10.04.030, the responsible borough employee may notify the clerk of such belief and the reasons therefor. Except in the case where immediate removal is authorized by this code or other law, the clerk may then provide notice by registered or certified mail, return receipt requested, of the borough’s intent to move and impound the vehicle to the owner of record and any lien holders that can be identified, if any. The borough shall provide similar notice to the owner of any vehicle that has been moved for safety or other reasons as soon as practicable, and in any event not later than two business days after moving the vehicle. The notice of intent shall include a description of the vehicle, including make, model, and vehicle identification number (VIN) if possible, as well as the location of the vehicle, a general summary of the reasons the borough believes the vehicle has been abandoned, and a statement that the owner or lien holder may contest the determination that the vehicle has been abandoned by responding to the notice within 15 business days. The borough may move and impound an abandoned vehicle that is not registered in the state, or for which the name and address of the registered or legal owner or lien holder cannot be ascertained after reasonable inquiry, without providing the notice described in this subsection; provided, however, that notice of impoundment must be provided as required by subsection (D) of this section.

B. A vehicle owner or lien holder receiving notice of intent to impound may reclaim and move the vehicle, or may dispute that the vehicle is abandoned by providing any relevant information to the clerk in writing within 15 business days of the date the notice of intent was mailed.

C. After considering any additional information presented by the owner or lien holder, if any, and the responsible borough employee, the clerk shall make a final determination as to whether the vehicle is abandoned. The clerk’s decision may be appealed administratively to the Alaska Superior Court, First Judicial District, within 30 days of the clerk’s decision, but in no event shall an appeal prevent or delay the removal of the abandoned vehicle. However, an abandoned vehicle shall not be sold while an appeal is pending.

D. Upon the clerk’s determination that a vehicle is abandoned, the borough may remove the vehicle or cause the vehicle to be removed to a safe location. The borough clerk shall, within seven days of removal: