By Sharon Resnick
During the 22 months that he’s owned a local towing business,
Robert Otto, at the request of the police, the state troopers and a property owner, has
towed and stored about 60 abandoned vehicles from around the Chilkat Valley. Last week, he
sent the Haines Borough a certified letter with a bill for $20,919.
In the past, Otto has asked the borough about a state fund that’s
been established to pay for such abandoned vehicles, but no one seemed to know anything
about the fund, he said. The letter was his way of telling the borough about it, he said.
Borough clerk Julie Cozzi said the borough is looking into Otto’s
request. Mayor Fred Shields this week said he’s inclined to make a deal.
"Somewhere between his bill and details, I think an arrangement will be worked out.
And somewhere along the line, a contract will be worked out."
Of all the abandoned vehicles Otto has towed in, only one has been
claimed, even though, as required by law, he has sent a certified letter to notify the
last registered owner of each vehicle within 30 days of picking it up, he said.
Sometimes a person will buy a car for $50, drive it until it runs out
of gas or breaks down, then abandon it without ever changing the registration into their
name, he said. One registered owner told Otto, "I sold that car to some kid five
years ago."
Bruce Hale, who sold Otto his business, said in a letter to the editor
this week that he was required by the police to pick up abandoned vehicles if he
"wanted to be called out on accidents."
Cozzi said there is "no written agreement" between the police
and towing companies. Recently hired police chief Gary Lowe said his policy is to
alternate between businesses when police have to tow a vehicle. Otto confirmed this is
what happens with impounded vehicles.
"I get paid right off the bat for those vehicles," he said.
"I understand that Paul Nelson and I have to take turns doing it."
Abandoned vehicles are a different matter. Although Otto has no legal
obligation to tow in abandoned vehicles once contacted by law officers, he does it, he
said, because "I’m in the towing business and I feel it’s my job to do it.
If I didn’t, it would just sit on the street and be a blight."
He estimates there are more than 1,000 vehicles abandoned throughout
the borough and that most are beyond repair and worthless.
The ones on his property now "are eating up my storage space"
and he’s run out of room for the boats that he also stores for owners.
Chief Lowe said three abandoned vehicles found in public areas in two
weeks belonged to the same person.
Magistrate John Hutchins said there have been only two small claims
suits made by towing companies during the past two years. Judgments were made in favor of
the company both times.
When a witness is available, state law says the person who abandoned
the car can be sued. But most often the suit is against the last registered owner and
allows for the cost of towing, storage, disposal, destruction and court costs to be
recouped.
Otto said he can’t afford to pursue all these cases in small
claims court, which cost $40 for claims under $2,500 to $75 for claims over $2,500 to
file, plus the certified mailing involved.
"Just because you get a judgment in small claims doesn’t mean
you’ll ever get the money," he said. "I just can’t keep throwing
dollar after dollar. Some people just won’t pay and it’s not as though I can
throw someone in debtor’s prison.
"I want to keep my rates down as low as possible. I understand
that people sometimes get in a jam and I don’t want to have to charge them $300 just
to pick up a car."
Otto said it would be helpful if either the borough or the police
department pursued the cases in small claims court, rather than expecting the towing
companies to do it.
Paul Nelson, owner of Bigfoot Auto Service Inc., said it costs between
$300 to $500 plus towing for an owner to legally dispose of a vehicle at his facility.
Clearing the title and removing all of the hazardous fluids, such as antifreeze and brake
fluid, along with the tires are required to get the lower price.
He estimated fewer than a dozen people a year use that option.
Nelson said he responds when the police ask him to remove a vehicle on
the road after a wreck because it’s a "police service." But otherwise he
picks abandoned cars only on a "case-by-case basis," depending on whether the
vehicle has any value or if he’s likely to get reimbursed by the owner.
"We’ve received zero support from the municipality (in the past)," Nelson
said. "We’ve been beaten too many times."
Recently, Otto spent five hours retrieving a vehicle down a 45-foot
embankment between the ferry terminal and the tank farm.
Tuesday morning, at the request of the state trooper, he towed a brown
truck that had been parked near Carr’s Cove for weeks that first had toilet paper
strewn around it, then the door left open and, most recently, windows bashed out. Though
the tags had been removed, the registration papers were in the glove compartment, he said.
"At least this one still had its wheels on it," he said.
