(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)