A. It is unlawful and a public nuisance for any person to operate or berth any vessel that is not seaworthy in the Sacramento marina, unless the vessel is in an emergency situation or condition:
1. Vessels that are in an emergency situation or condition shall only be operated or berthed in the Sacramento marina until the emergency situation/condition ends, but in no event shall the vessel remain in the Sacramento marina for more than seventy-two (72) hours;
2. Determinations of seaworthiness shall be made by the director.
B. Any vessel that is not seaworthy shall be removed from the waters of the Sacramento marina upon the order of the director. If the owner of any vessel or the owner's agent refuses to comply with the director's order, the refusal shall constitute grounds for revocation of any berth license issued by the director for berthing the vessel. The director may order the vessel removed and stored for a period not to exceed sixty (60) days. Upon the expiration of the sixty (60) day period, the vessel shall be sold at public auction in accordance with the provisions of Article 4 of Chapter 2 of Division 3 of the Harbors and Navigation Code (commencing with Section 500 thereof). The owner of the vessel shall be civilly liable to the city for all costs, fees, damages and expenses incurred by the city in raising, towing, keeping, storing and selling the vessel. All such costs shall be a lien upon the vessel and the proceeds of sale thereof. (Ord. 2006-059 § 1)