(A) The Harbormaster may take immediate possession and/or impound and remove any vessel within his jurisdiction:
(1) To abate derelicts and nuisances;
(2) For failure to comply with the registration provisions of this title;
(3) That is obstructing port traffic and the vessel operator is unable, fails or refuses to immediately attend to and remove the vessel such that it no longer obstructs port traffic;
(4) Whose operator reasonably appears incapable of safely operating the vessel or appears incapable of directing the disposition of the same;
(5) Whose operator refuses to properly identify themselves upon lawful request of the Harbormaster, or refuses or fails to obey an order of the Harbormaster to proceed to or from an area following issuance of a citation or in an emergency;
(6) Whose operator operates a vessel in a reckless manner under § 18.20.030, in a negligent manner under § 18.12.040, or in another manner so as to endanger the safety of others or to unreasonably interfere with the navigation of other vessels, and the Harbormaster believes such operation would continue unless possession of the vessel be taken;
(7) That is moored in a reserved mooring space assigned to another after reasonable efforts were made at attempting to contact the vessel operator to move the vessel in question, or who, after receiving notification to move the vessel, refuses to do so;
(8) That is moored at a loading area or launch ramp area for a period of time longer than permitted;
(9) That is in imminent danger of sinking; or
(10) That constitutes a fire hazard to itself, port facilities or other property.
(B) When taking possession or impounding as authorized by this chapter, the Harbormaster may impound the vessel in place by chaining or otherwise mooring it to a float or other suitable object, or if practical by removing it from the water and placing it in either city or commercial land storage. Vessels not practical to impound by moving, mooring or removing from the water may be impounded by posting a notice of impoundment in the places set out in § 18.20.030.
(C) The Harbormaster may appoint a custodian to maintain and safekeep the vessel while it remains impounded. In the discretion of the Harbormaster, such custodian may be the operator of the vessel.
(D) Upon impoundment of a vessel, it shall be unlawful for any person:
(1) To move, load, unload, rebuild, or enter upon such vessel without written permission from the Harbormaster, other than for necessary maintenance and repair to prevent deterioration of the same or sinking; and
(2) To remove, mutilate, destroy or conceal any notice or sign posted by the Harbormaster pursuant to this section.
(Am. Ord. 2021-03, passed 1-26-2021)
(A) Expenses incurred by the Harbormaster in the removal, towing impounding, custodianship, moorage and/or storage of any vessel under § 18.20.010 shall be paid by such vessel and its operator.
(B) When a vessel or other property is moored or impounded at a port facility, the Harbormaster shall assess a moorage charge therefor in the amount to be set by ordinance per day. Such fee, in case of dry land storage, shall be in addition to the dry land storage fee at the dry land rate and in addition to the haul out fee.
(C) The Harbormaster may decline to release possession of any vessel until all charges are paid in certified funds.
(A) At least ten days prior to impounding any vessel, the city shall cause to be posted on the vessel and in five public locations throughout the city a notice of such action to be taken by the city. A copy of the notice shall be mailed, by registered or certified mail, to each affected vessel operator at their address of record and to all other persons known to have an interest in the vessel, including all lienholders shown on the records of a state or federal agency.
(B) The notice required by this section shall contain the name and/or number of the vessel; the name and address, if known, of the vessel’s owner and each operator; and the vessel’s location. The notice shall further state the grounds upon which the vessel is being impounded, and the proposed disposition of the vessel. The notice shall further state that any person with a property interest in the vessel may request a hearing as provided in this chapter.
(Am. Ord. 2021-03, passed 1-26-2021)
(A) Any person with a property interest in an impounded vessel may obtain a prompt hearing before the Port Director before the vessel is impounded to determine whether there is probable cause to impound the vessel by submitting a written request for a hearing no later than 10 days after receipt of notice of impoundment or after the person has learned such vessel will be impounded whichever comes first.
(B) At the hearing, the Port Director shall review whether probable cause exists for impounding the vessel. "Probable cause to impound" shall mean such a state of facts as would lead a person of ordinary care and prudence to believe that there was a breach of federal, local or municipal law or regulations, or any agreement entered into pursuant thereto, rendering the vessel subject to impoundment. Any person with a property interest in the vessel may present evidence, call witnesses, and present argument as to the impoundment, its propriety and/or release of the vessel. The city may also present evidence, call witnesses and present argument in response. If it is determined that probable cause to impound exists the city may proceed to impound and sell or destroy the vessel as provided in UCO 18.20.050.
(C) At any time prior to sale, the Port Director may release the vessel from impoundment to the owner or operator of the vessel upon such terms and conditions as the Port Director in their discretion finds will abate the nuisance or other cause for impoundment, otherwise remedy the reason for impoundment, and reimburse and compensate the city for expenses owning pursuant to § 18.20.020.
(D) The written decision of the Port Director is a final administrative decision when mailed to each party requesting a hearing, and may be appealed only to the Superior Court. Any appeal must be commenced within 30 days of the date of mailing of the decision.
(Am. Ord. 2021-03, passed 1-26-2021)
(A) In the event a vessel remains impounded for 90 days and impound charges and expenses remain unpaid, the Harbormaster may sell the vessel at public auction to the highest and best bidder as provided in this section.
(B) Not less than 20 days prior to sale, the city shall publish a notice of sale once in a newspaper of general circulation in the city. The notice shall describe the vessel in general terms; the name and/or number of the vessel; the name and address of each vessel operator, if known; the location of the vessel; and the intention of the city to sell the vessel at public auction on a day and at a time certain for cash to the highest and best bidder.
(C) The person whose bid is accepted shall immediately pay the Harbormaster the full purchase price, if the bid is no more than $5,000; or a deposit of at least $5,000 or 10% of the bid, whichever sum is greater, if the bid exceeds $5,000. The bidder shall pay the balance of the purchase price within three days thereafter, excluding Saturdays, Sundays and holidays. A person who fails to pay the balance of a bid within the time required is deemed to be in default, and the Harbormaster may, in his discretion, give that person further time to pay the balance, sell to the second highest bidder, or conduct a new sale, as seems appropriate. Any sum deposited by the bidder in default shall be forfeited and applied to pay any additional costs incurred by the Harbormaster by reason of the default, including costs incident to resale. The balance of the deposit, if any, shall be deposited into the Port Enterprise Fund. A successful bidder who pays the balance of the bid after the time required by this subsection, or otherwise takes delivery of the vessel after the time payment of the full purchase price was due, shall also pay the Harbormaster the cost of keeping the vessel from the date payment of the balance was due to the date the bidder takes delivery of the vessel. The Harbormaster shall refuse to release the vessel until the full purchase price, plus any costs for keeping the vessel after the time payment of the full purchase price was due, is paid.
(D) After the full purchase price plus any costs are paid by the successful bidder to the Harbormaster, the city shall make and deliver its bill of sale, without warranty of title, for the vessel to the successful bidder. Failure of a party to give or receive required notice of the impoundment, sale or other action shall not affect the title of the purchaser of the vessel.
(E) The proceeds of such sale shall be first applied to the costs of sale, then to impoundment expenses, then to delinquency charges accrued, then to moorage and service fees accrued. Any balance remaining shall be held in trust by the city for the owner of the vessel to claim. If the balance is not claimed within five years, the balance shall be deposited into the Port Enterprise Fund.
(F) If at any public sale there are no bidders for a vessel, the city may declare the vessel to be surplus property and sold at a city surplus property sale, or the vessel may be destroyed, scuttled or otherwise disposed of. Any disposition under this subsection shall be without liability of the city, the Harbormaster or any of their employees or agents to the vessel owner, its operator, or anyone else holding liens, claims or other interests in the vessel.
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