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No business or commercial enterprise shall be conducted on or from any harbor facilities except as specifically authorized and permitted by the provisions hereof and on the conditions stated as follows.
(A) The holder of a valid reserved or unreserved moorage use permit may, upon the conditions set forth herein, load and unload passengers from charter boats on the city’s docks and may sell fish directly from commercial fishing vessels to the public on the city’s docks.
(B) No fish shall be sold directly from vessels to the public on public docks nor shall passengers be allowed to board or depart from charter vessels unless the vessel from which the fish are being sold or passengers boarding or departing is secured directly to the city’s docks in accordance with the vessel’s moorage use permit.
(C) No business shall be conducted on or from the harbor facilities pursuant to this section until the owner/operator of the moorage use permit for the vessel from which the business shall be conducted has applied for and received a city business license authorizing the type of business to be conducted. No business license shall be issued until the applicant has provided to the city written verification that:
(1) All applicants who use or employ shore-based workers which, if injured, come within the provisions of the federal Longshore and Harbor Workers’ Compensation Act, being 33 U.S.C. § 901 et seq., shall obtain and maintain during such time as the workers are used or employed or for such time as a claim may be brought, insurance for coverage under the Longshore and Harbor Workers’ Compensation Act in an amount not less than $500,000. All such insurance policies required under this section shall name the city as an additional insured and shall include a provision governing notifying the city prior to any early cancellation of the policy; and
(2) A city business license has been issued.
(Ord. 292, passed 12-18-2012) Penalty, see § 11.99
(A) Establishment. Vessel categories, moorage rates, and charges for harbor facilities and equipment shall be established by resolution of the City Council.
(B) Moorage use permit fees.
(1) All moorage rates (daily, monthly, and annual) shall, effective each July 1 and thereafter, be adjusted annually to reflect inflation costs by applying the U.S. city average consumer price index for all urban consumers percent of change from the previous year. This annual adjustment shall not be less than 3% or more than 5% each fiscal year.
(2) In addition to this annual adjustment, all moorage rates may be revised from time to time by resolution of the City Council.
(C) Due dates for moorage use permit fees.
(1) Reserved and unreserved moorage use permit fees shall be paid in advance by new permittees before a berth is occupied.
(2) Permittees holding a reserved or unreserved use permit will be billed by the city on or about June 1 for a renewal period of one year starting July 1 following, except for the second year of moorage, which shall be such period of time as determined pursuant to § 92.11(D)(3) of this subchapter. This annual fee is due on July 1 for the annual period for which the renewal is issued, together with any delinquent charges owed to the city. If all charges and fees are not paid on or before July 10 (or the next regular business day if July 10 of the particular year is a Saturday, Sunday, or legal holiday), such failure shall subject the permittee desiring a renewal of a reserved or unreserved moorage use permit to a late payment charge of 10%. Failure to pay monies by July 20 (or the next regular business day if July 20 falls on a Saturday, Sunday, or legal holiday) shall result in revocation of a permittee’s use permit, unless a petition for hardship has been filed with the Harbor Commission pursuant to division (H) below on or prior to July 1 (or the next regular business day if July 1 is on a Saturday, Sunday, or legal holiday), and in such event revocation of the permittee’s use permit shall be stayed until the petition for hardship has been either granted or denied.
(3) Applicants for a reserved or an unreserved moorage use permit shall pay in advance for one year at the time of application. On or about 30 days prior to the end of the first year of moorage, the city shall bill the owner/operator for the prorated amount pursuant to § 92.11(D)(3) of this subchapter from the end of the first year through the following June 30.
(4) Transient moorage use permit fees shall be paid upon registration.
(5) If monies due the city are not paid when due, the city may take such enforcement or collection action as it deems appropriate against the delinquent permittee at any time thereafter. If charges and fees are not paid when due, such failure shall subject the permittee to a 10% late service charge and result in revocation of the use permit.
(D) Electrical surcharge.
(1) Electrical surcharge applies to annual moorages. Each vessel connecting to the city’s electrical service shall be metered. Charges to the vessel owner/operator will be based on the city’s rate costs at the time of electrical usage.
(2) Electrical surcharge for the moorage year shall be prepaid at the time annual moorage is due and payable. For vessel owner/operators renewing moorage, the prepaid amount shall be determined by the previous year’s usage. Vessels not previously moored in the harbor will have their prepaid amount estimated by the harbormaster.
(3) In the event charges based on metered usage exceed the prepaid amount, the vessel owner/operator will be billed and required to pay additional fees. There will be a $5 fee charged each time a billing must be sent for electrical use.
(4) An annual reconciliation of electrical surcharges will be conducted prior to the end of the moorage year. Any credit balance remaining will be applied to the upcoming moorage year’s electrical surcharge, debit balances will be added to the upcoming year’s estimated electrical surcharge.
(5) Should any vessel owner/operator terminate his or her moorage with a remaining electrical surcharge deposit credit balance, it will be refunded.
(E) After hours fueling surcharge.
(1) In the event that a vessel owner/operator requests fuel at a time outside of regularly scheduled work hours that would involve a call-out (overtime) for the harbormaster or other city staff, in addition to the cost of the fuel the vessel owner/operator shall pay an after-hours surcharge.
(2) The after-hours surcharge shall based upon the cost of two hours overtime in effect at the time the after-hours fueling is requested.
(F) Waiting list fee.
(1) At the time of application for placement on the waiting list for reserved moorage, the applicant shall pay a non-refundable fee of $2, prorated at the rate of $3.50 per month for each month, or part of a month, to the following July 1.
(2) Thereafter, each year following placement on the waiting list, in order to maintain the right to continue to be on the waiting list for reserved moorage, applicants shall pay a nonrefundable fee of $2 due on July 19.
(G) Other services; fees and charges. Other services include, but are not limited to, vessel pump-out, vessel line secure, use of harbor boat, use of harbor hoist, and storage. City-owned equipment shall be operated by city personnel only. Fees include one employee. Additional staff required will be billed at the then current hourly rate. Crabpot storage is subject to rules as promulgated by the Public Works Director. All fees and charges are payable in advance for scheduled services and storage. For unscheduled services, all fees and charges are due within 30 days of original billing. If charges and fees are not paid when due, a 10% late service charge will be added to the account.
Service | Fee |
Service | Fee |
Boat trailer tow | $30/month for 150 square foot (10’ x 15’) space |
Boat trailer storage | $50/month or any portion of calendar month |
Crabpot storage | $20/month for 100 square foot (10’ x 10’) space |
Harbor boat use | $50/hour, 1-hour minimum |
Hoist use | $35/hour, 1-hour minimum |
Storage | $0.50/square foot per month |
Vessel pump-out service | $50/hour, 1-hour minimum |
Vessel secure | $50/incident, plus cost of line is provided by city |
(H) Extension of time for payment due to hardship. The Harbor Commission shall review petitions of hardship brought before the Commission by moorage use permittees seeking an extension of time for payment of moorage use permit charges. The Commission shall hear the petition for hardship as expeditiously as reasonably possible. During such time as a petition for hardship has been filed, the permittee’s use permit shall not be revoked. A permittee may file within five business days of the Harbor Commission’s decision, a written appeal for review of the Harbor Commission’s decision with the City Council. The City Council shall hear the matter and determine whether or not the petition for hardship should be granted or denied. The City Council’s decision shall be final. A permittee may file no more than two consecutive extension petitions to the Harbor Commission.
(I) Non-waiver of other remedies. Nothing in this chapter shall be construed as a waiver by the city of any rights granted by this chapter, state or federal statutes for civil action against a vessel, or person for which moorage or other charges have been incurred and not paid.
(Ord. 292, passed 12-18-2012; Res. 505-21, passed 4-6-2021)
(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)
FEES, RATES, AND CHARGES
(A) Generally.
Vessel Size (Length) | Annual | Monthly (30 Consecutive Days) | Daily |
Vessel Size (Length) | Annual | Monthly (30 Consecutive Days) | Daily |
25’ and under | $835 | $281 | $31 |
26’ | $867 | $288 | $31 |
27’ | $903 | $299 | $31 |
28’ | $935 | $311 | $31 |
29’ | $970 | $323 | $31 |
30’ | $1,002 | $337 | $31 |
31’ | $1,037 | $344 | $31 |
32’ | $1,071 | $357 | $31 |
33’ | $1,103 | $369 | $31 |
34’ | $1,137 | $381 | $31 |
35’ | $1,170 | $390 | $31 |
36’ | $1,204 | $400 | $31 |
37’ | $1,238 | $413 | $31 |
38’ | $1,271 | $422 | $31 |
39’ | $1,304 | $436 | $31 |
40’ | $1,338 | $447 | $31 |
41’ | $1,371 | $457 | $31 |
42’ | $1,407 | $468 | $31 |
43’ | $1,437 | $475 | $31 |
44’ | $1,467 | $490 | $31 |
45’ | $1,505 | $503 | $31 |
46’ | $1,540 | $511 | $46 |
47’ | $1,573 | $524 | $46 |
48’ | $1,605 | $535 | $46 |
49’ | $1,639 | $546 | $46 |
50’ | $1,673 | $558 | $46 |
51’ | $1,705 | $567 | $46 |
52’ | $1,739 | $578 | $46 |
Any vessel in excess of 52 feet will pay $22 per each additional foot or portion thereof per year for annual moorage. Monthly moorage fees shall be at the rate of one-third of the applicable annual moorage fee; daily moorage fees shall be $46 per day. | |||
(B) Non-motorized, non-sail vessels.
Vessel Size (Length) | Annual | Monthly (30 Consecutive Days) | Daily |
Vessel Size (Length) | Annual | Monthly (30 Consecutive Days) | Daily |
8’ | $127 | $42 | $31 |
9’ | $149 | $48 | $31 |
10’ | $163 | $52 | $31 |
11’ | $178 | $56 | $31 |
12’ | $194 | $66 | $31 |
13’ | $211 | $71 | $31 |
14’ | $228 | $76 | $31 |
15’ | $241 | $80 | $31 |
16’ | $260 | $88 | $31 |
17’ | $276 | $93 | $31 |
18’ | $293 | $97 | $31 |
19’ | $309 | $104 | $31 |
20’ | $327 | $109 | $31 |
21’ | $339 | $113 | $31 |
22’ | $347 | $118 | $31 |
23’ | $361 | $124 | $31 |
24’ | $388 | $127 | $31 |
(Res. 505-21, passed 4-6-2021)
(A) The city will monthly bill its annual moorage holders for their monthly share of the electrical bill, based on monthly usage per moorage holder according to the slips meter reads.
(B) The kWh rate established for account 218454008 “port docks” monthly usage is $0.10 cents per kWh effective immediately and to be reviewed annually.
(Res. 512-21, passed 8-17-2021)
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