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1869 - Ordinance - Impoundment of Unauthorized VesselsNOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held September 23, 2002. ORDINANCE NO. 1869 AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON, REGARDING THE IMPOUNDMENT OF UNAUTHORIZED VESSELS. Copies of Ordinance No. 1869 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days afler publication, copies of Ordinance No. 1869 will be provided at a nominal charge. Citv of Port Orchard I b. .- ichelle Merlino Deputy Clerk Publish: Port Orchard Independent October 2, 2002 Kitsauleeals~soundDublishine.com ORDINANCE NO. 1869 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON REGARDING THE IMPOUNDMENT OF UNAUTHORIZED VESSELS WHEREAS, RCW 53.08.320 allows the City to adopt procedures for the enforcement of regulations for the use of moorage facilities of the City; and WHEREAS, the City Council finds that it is in the best interests of the citizens of Port Orchard to adopt such procedures, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1. There is hereby added a new section 9.46.005 to the Port Orchard Municipal Code which shall read as follows: Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Charges" means charges of the City for moorage and storage, and all other charges related to the vessel and owing to or that become owing to the City, including but not limited to costs of securing, impounding, storing, disposing, or removing vessels, damages to any City facility, and any costs of sale, attorneys fees, and related legal expenses for implementing POMC 9.46.060 and 9.46.070. (2) 'City" means the City of Port Orchard. (3) "City facility" means any property or facility owned, leased, operated, managed, or otherwise controlled by the City or by a person pursuant to a contract with the City, which are capable of use for the moorage or launch of vessels. (4) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest, and shall not include the holder of a bona fide security interest. (5) "Person" means any natural person, firm, partnership, corporation, association, organization, or any other entity. (6) "Lien holder of record" means: (i) Any holder of a security interest or lien recorded with the United States department of transportation with respect to a vessel on which a certificate of documentation has been issued; (ii) any holder of a security interest identified in a certificate of title for a vessel registered under chapter 88.02 RCW; or (iii) any holder of a security interest in a vessel where the holder is identified in vessel registration information of a state with vessel registration laws that fall within (a)(iii) of this subsection and under which laws the City can readily determine the identity of the holder. (7) that remains in the City's possession and control. "Secured vessel" means any vessel that has been secured by the City Ordinance No. 1869 Page 2 of 5 (8) "Unauthorized vessel" means a vessel using a City facility of any type whose owner has not paid the required moorage fees or has left the vessel beyond the posted time limits, or is in violation of POMC 9.46.010, or a vessel otherwise present without permission of the City. (9) 'Vessel" means every watercraft or part thereof constructed, used, or capable of being used as a means of transportation on the water. It includes any equipment or personal property on the vessel that is used or capable of being used for the operation, navigation, or maintenance of the vessel. Vessel includes any trailer used for the transportation of watercraft. SECTION 2. There is hereby added a new section 9.46.060 to the Port Orchard Municipal Code which shall read as follows: Securing unauthorized vessels -- Notice -- Claiming vessels -- Abandoned vessels. (1) The chief of police may take reasonable measures, including but not limited to the use of anchors, chains, ropes, and locks, removal from the water, or movement to another location. to secure unauthorized vessels located at or on a City facility so that the unauthorized vessels are in the possession and control of the City. At least 24 hours before securing any unauthorized vessel, the chief of police shall attach to the vessel a readily visible order to remove the vessel. (2) The chief of police may take reasonable measures, including but not limited to the use of anchors, chains, ropes, locks, removal from the water, &r movement to another location, to secure any vessel if the vessel, in the opinion of the chief, is a nuisance, is in danger of sinking or creating other damage to a City facility, or is otherwise a threat to the health, safety, or welfare of the public or environment at a City facility. The costs of any such procedure shall be paid by the vessel's owner. (3) At the time of securing any vessel under subsection (1) or (2) of this section, the law enforcement officer shall attach to the vessel a readily visible notice or, in the event the vessel is removed from the premises, shall, when practicable, post such notice in a conspicuous location at the City facility. The notice shall be of a reasonable size and shall contain the following information: The date and time the notice was attached or posted: A statement that the vessel has been secured by the City and that if the City's charges, if any, are not paid and the vessel is not removed by . . . . . . (the ninetieth consecutive day following the date of attachment or posting of the notice), the vessel will be considered abandoned and will be sold at public auction to satisfy the charges: The address and telephone number where additional information may be obtained concerning the securing of the vessel and conditions for its release; and A description of the owner's rights under this chapter. Ordinance No. 1869 Page 3 of 5 (4) Within five days of the date that notice is attached or posted under subsection (3) of this section, the City shall send the notice by registered mail to the owner and any lien holders of record whose last know addresses are reasonably obtainable. (5) If a vessel is secured under subsection (1) or (2) of this section, the owner, or any person with a legal right to possess the vessel, may claim the vessel by: Making arrangements satisfactory to the City for the immediate removal of the vessel from the City's control or for authorized storage or moorage; and Making payment to the City of all reasonable charges incurred by the City in securing the vessel under subsections (1) and (2) of this section and of all moorage fees owed to the City, or by posting with the City a sufficient bond or other acceptable security, to be held in trust by the City pending written agreement of the parties with respect to payment by the vessel owner of the amount owing, or pending resolution of the matter of the charges in a civil action in a court of competent jurisdiction. After entry of judgment, including appeals, in a court of competent jurisdiction, or after the parties reach agreement with respect to payment, the trust shall terminate and the City shall receive so much of the bond or other security as is agreed, or as is necessary to satisfy any judgment, costs, attorneys fees and interest as may be awarded to the City. The balance shall be refunded immediately to the owner at his last known address. (a) (b) (6) A vessel is considered abandoned if, within the ninety day period following the date of attachment or posting of notice in subsection (3) of this section, the vessel has not been claimed under subsection (5) of this section. SECTION 3. There is hereby added a new section 9.46.070 to the Port Orchard Municipal Code which shall read as follows: Sale of abandoned vessels -- Notice -- Redemption of vessels--Use of proceeds -- Disposal of vessels. (1) If a vessel is considered abandoned under POMC 9.46.060. the City Council by resolution may authorize the public sale of the vessel. At such sale, the vessel shall be sold for cash to the highest and best bidder. (2) Before a vessel is sold, the City shall make a reasonable effort to provide notice of sale, at least twenty days before the day of the sale, to the owner of the vessel and any lien holders of record. The notice shall contain the time and place of the sale, a reasonable description of the vessel to be sold, and the amount of charges then owing with respect to the vessel, and a summary of the rights and procedures under this chapter. In addition, a notice of sale shall be published at least once, more than ten but not more than twenty days before the sale, in a newspaper of general circulation in the county in which the City facility is located. This notice shall include: (a) If known, the name of the vessel and the last owner and the owner's address; and (b) a reasonable description of the Ordinance No. 1869 Page 4 of 5 vessel. The City may bid all or part of its charges at the sale and may become a purchaser at the sale. (3) Before a vessel is sold, any person seeking to redeem a secured vessel may commence a lawsuit in the superior court for the county in which the vessel was secured to contest the City's decision to secure the vessel or the amount of charges owing. This lawsuit shall be commenced within ten days of the date the notification was posted under POMC 9.46.060(3) or the right to a hearing is deemed waived and the owner is liable for any charges owing the City. In the event of litigation, the prevailing party is entitled to reasonable attorneys' fees and costs. (4) The proceeds of a sale under this section shall be applied first to the payment of the amount of the reasonable charges incurred by the City and moorage fees owed to the City, then to satisfy any liens of record in the order of their priority, if written demand therefore along with reasonable proof of interest is received by the City before distribution of the proceeds is completed, with the remainder to the owner. If the owner cannot in the exercise of due diligence be located by the City within one year of the date of the sale, the remainder shall revert to the department of revenue under chapter 63.29 RCW. If the sale is for a sum less than the applicable charges, the City is entitled to assert a claim for the deficiency against the vessel owner. (5) If no one purchases the vessel at a sale, title to the vessel shall revert to the City and the City may proceed to properly dispose of the vessel in any way the City considers appropriate, including, but not limited to, destruction of the vessel or by negotiated sale. The City may assert a claim against the owner for any charges incurred thereby. If the vessel, or any part of the vessel, or any rights to the vessel, are sold under this subsection, any proceeds from the sale shall be distributed in the manner provided in subsection (4) of this section. SECTION 4. There is hereby added a new section 9.46.080 to the Port Orchard Municipal Code which shall read as follows: Action to recover charges --Attorneys' fees - Costs. If the full amount of all charges due the City on an unauthorized vessel is not paid to the City within thirty days after the date on which notice is affixed or posted under POMC 9.46.060(3), the City may bring an action in any court of competent jurisdiction to recover the charges, plus reasonable attorneys' fees and costs incurred by the City. SECTION 5. There is hereby added a new section 9.46.090 to the Port Orchard Municipal Code which shall read as follows: Rights not affected. The rights granted to the City under this chapter are in addition to any other legal rights the City may have to secure, hold, and sell a vessel and in no manner does this section alter those rights, or affect the priority of other liens on a vessel. Ordinance No. 1869 Page 5 of 5 There is hereby added a new section 9.46.100 to the Port Orchard SECTION6 Municipal Code which shall read as follows: Posting of regulations. The regulations authorized under this chapter shall be conspicuously posted at each City facility. SECTION 7. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance. This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. SECTION 8. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 23rd of September 2002. fl LESLIE J. W~HERILL, MAYOR ATTEST Paha Parks, Citytlerk Sponsored by