(A) Manner of enforcement. This chapter may be enforced in the manner provided by Chapter 11 of this code of ordinances, or as such ordinance may be hereafter amended, providing for general enforcement of ordinances of the city. Upon determination that a violation of this chapter exists, the city shall provide a written notice by personal delivery, or by placing in the U.S. mail a letter to the person in violation at the last known address provided to the city. If mailed, the notice shall be sent by certified mail, return receipt requested. The notice will include a statement that the violation must be corrected within 15 calendar days from the date of the notice.
(B) Removing or securing vessels or property. The city may, at its sole option, employ the following procedures in cases of abandonment; or when an owner/operator fails to maintain their vessel in a manner sufficient to not be hazardous; or when an owner/operator fails to obtain or maintain a valid use permit by failure to register with the city, pay moorage, storage, or electric fees causing them to be delinquent, or provide proof of insurance as required by § 92.11(I) of this subchapter.
(1) At least 30 calendar days prior to securing or removal of a vessel or personal property, the city shall provide notice to the owner/operator of the vessel or personal property setting forth the statement of violation and that the city may seize the vessel and other property if the violation is not corrected within 30 calendar days of the date of the notice. The notice shall be delivered by posting the notice on the vessel or other personal property, and by personal delivery to the owner/operator, or by certified mail, return receipt requested, to the last known address provided to the city by the owner/operator. In the case of abandoned vessels or property, or where no address was furnished by the owner/operator, the city is not required to give the notice prior to securing or removing the vessel or personal property.
(2) (a) The city may take reasonable measures including, but not limited to, the use of chains, ropes, and locks, removal from the water, or removal to storage areas to secure vessels and other personal property so that the same are in the possession and control of the city. At the time of securing a vessel or other personal property, an authorized city employee shall attach to such vessel or property a notice which shall contain the following information:
1. The date and time the notice was attached;
2. A statement that if the account, together with all expenses incurred in securing the vessel and the city’s collection costs, is not paid in full and/or any ordinance violation is not resolved within 60 days of the date of the notice, the vessel or personal property may be sold at public auction with proceeds applied to satisfy the city charges and costs; and
3. The address and telephone number where additional information may be obtained concerning release of the vessel or personal property.
(b) Notice of securing a vessel or personal property shall be sent to the owner/operator by certified mail, return receipt requested, at the last known address provided to the city by the owner/operator.
(3) The owner/operator of a vessel or personal property secured by the city may regain possession as follows:
(a) Establishing good cause for any ordinance violation where that is the issue;
(b) Correcting and resolving the violation to the satisfaction of the city; or
(c) Making payment to the city of all city charges.
(4) (a) If a vessel or other personal property has been secured and the owner/operator does not regain possession by the above methods, the city may, at its sole option, elect to sell the vessel or personal property at public sale.
(b) For all sales of vessels and other personal property under this section, the city shall proceed with foreclosure and sale in the manner provided by O.R.S. 87.152 to 87.212 or 783.010 to 783.170. The city may bid all or part of charges and expenses at the sale and may become a purchaser at the sale. Sale proceeds shall first be applied to the costs of sale, including attorney’s fees, then to discharge of moorage and other charges owed by the owner/operator, and the balance, if any, shall be paid as provided by state statute.
(Ord. 292, passed 12-18-2012)