§ 134.56 SEIZURE OF CERTAIN WATERCRAFT AND FLOATING STRUCTURES; NOTICE OF SEIZURE AND OF TIME FOR REMOVAL; FORFEITURE AND DISPOSAL.
   (A)   Illegally moored or anchored watercraft or floating structures, a stolen or abandoned, junked, adrift, destroyed, or salvaged watercraft, floating structure or outboard motor, a watercraft, floating structure or outboard motor for which the true owner is not determined, or a watercraft, floating structure or outboard motor on which the manufacturer's or assigned serial number has been destroyed, removed, covered, altered, or defaced may be seized.
   (B)   Upon seizure of the watercraft, floating structure or outboard motor, the city shall notify a person claiming an interest in it, and the person has the right to prove his or her interest before the circuit court in the county where the property was seized. If no action is filed within 60 days of notification, the Department may retain the property for official use or transfer the property to another public entity for official use, sell the property at public auction, or, if the watercraft, floating structure or outboard motor is determined to be unsafe, destroy it. The proceeds derived from the sale must be deposited in the boating operating fund of the city for administration of the program.
   (C)   When the city determines the owner of a seized watercraft, floating structure or outboard motor and related marine equipment, it shall notify the owner by certified mail of the procedure, the location, and the fact that he or she has not less than 30 days from the date of the certified letter to remove the equipment from the city's designated storage facility. If a security interest has been perfected, the city must notify the lienholder by certified mail allowing 30 days to respond. Failure to respond within 30 days or remove the watercraft, floating structure or outboard motor by the date designated forfeits the equipment to the city to be used or disposed of according to law.
   (D)   Removal. The city may choose to have an illegally moored or anchored watercraft or floating structure, stolen or abandoned, junked, adrift, destroyed, or salvaged watercraft or outboard motor remain in the found location until such time as the owner of the watercraft, floating structure or outboard motor is located, the watercraft, floating structure or outboard motor is sold, or such time as all courses of laws are fulfilled.
(Ord. 005-24, passed 3-12-24)