(A) Whenever a vessel is sunk, accidentally or otherwise, in the harbor, it shall be the duty of the owner of such vessel to mark it immediately by a buoy or beacon by day and by a lantern or light by night and to maintain such markings until the sunken vessel or obstruction is removed. The neglect or failure of such owner to do so shall be unlawful. The owner of such sunken vessel shall immediately commence removal of said vessel and prosecute the removal diligently to completion.
(B) Whenever the navigation of any waters within the harbor shall be obstructed or in danger by any sunken vessel or other obstruction and the removal thereof is not diligently persecuted as required, the vessel or obstruction shall be subject to removal, sale or other disposition by the city and subject to the provisions of the Cal. Harb. & Nav. Code. The owner or owners of such vessel or property causing such obstruction or damage shall be liable to the city of all costs incident to said removal and disposition and shall further be liable to any person who may be damaged as proximate cause of said sunken vessel or other obstruction. Neither the city, nor its employees, agents or officers shall be liable for damages of any nature whatsoever arising out of or in any way connected with the removal, sale or disposition of such sunken vessel or other property.
(C) Abandoned vessels and/or other personal property shall be disposed of in accordance with the provisions of the Cal. Harb. & Nav. Code. Notice of intent to sell and of sale shall be given by certified mail, return receipt requested, to the holder of the berthing assignment permit as to such vessel or personal property, and by publication in a newspaper of general circulation in the county for one time, no more than ten nor less than four days prior to sale. Proceeds of the sale shall be first applied to the costs of sale, thereafter to the obligations owed to the city, and any balance to the holder of the berthing assignment.
('63 Code, § 11-1.311)
(D) All stray or abandoned vessels not in a lawful position or control of some person shall be immediately delivered to the possession of the Harbor Master. The registered owner, prior to receiving possession and custody of such property, shall pay all reasonable expenses incurred in connection therewith, including charges for raising, keeping and storing same.
(E) Any vessel of any nature moored, secured or in any manner placed within the confines of the Harbor or the shore or in the water for in excess of 72 hours without first obtaining a license permit or required permission therefore shall be considered to have been abandoned.
(F) All nondocumented vessels of any nature abandoned within the confines of the harbor, whether registered with the California Department of Motor Vehicles, or not marked or registered in any apparent manner, shall be placed in the protective custody of the Harbor Master and shall thereafter be subject to a lien sale under the provision of Cal. Harb. & Nav. Code, §§ 500 through 505.
(G) If in the opinion of the Harbor Master a boat or vessel is in danger of sinking due to the accumulation of water, he may pump out water from the vessel and the cost of this emergency service shall be charged to the owner of the vessel or berth holder.
('63 Code, § 11-1.312)
(Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81) Penalty, see § 100.99