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HomeMy WebLinkAboutOrd1980-488 RIlJ . kr 5/27/80 . . . CMii OF SEWARD, ALASKA .INANCE NO. 488 Introduced by City Manager Introduction Date: 5/27/80 Public Hearing and Enactment: 6/23/80 . AN ORDINANCE RELATING TO DERELICT VESSELS WHEREAS, the City of Seward has limited space in which to maintain actively used vessels both within the Seward Small Boat Harbor and on surrounding lands owned by City, and WHEREAS, a number of derelict vessels, as herein- below defined, now consume valuable and needed space which should be used only by vessels which are continually in operation. NOW, THEREFORE, the City of Seward Ordains; Section 1. A new Article VII is hereby added to Chapter 5 of the Seward City Code to read as follows; Section 5-97. Derelict Vessels. (a) After July 1, 1930, no person snarr store or-Teave-a-aerelict vessel upon land owned by the City or in the Seward Small Boat Harbor. (b) The Harbormaster may remove a derelict vessel from the Seward Small Boat Harbor or surrounding City otvned real property in any instance when the derelict vessel obstructs or threatens to obstruct navi- gation, contributes to air or water pollution, or in any other way constitutes a danger or potential danger to the environment or to public safety or when it interferes with storage and main- tenance activities regarding other vessels. (c) This section may not be construed to contravene any applicable federal law or regulation. Section 5-98. Disposition of certain abandoned vessels. A derelict vessel WhlCh has been left unattended for a contrnuous peroid of more than 15 days and is either in the Small Boat Harbor or on City owned real property may be taken into custody by the Harbormaster and disposed of by the Harbormaster under this chapter. Section 5-99. Notice to owner. On taking custody of a derelict vessel, a written notice lrnmediately shall be posted by the Harbormaster on the vessel and a duplicate of that notice sent by registered or certified mail, with a return receipt to the registered owner of the vessel at his last known address and to all lienholders sho'^-TD on the records of a state or federal agency. The notice shall contain a brief description of the vessel, the location of custody, and the intended disposition of the vessel if not repossessed within 20 days after the mailing of the notice. A notice need not be sent to the purported otvner or any other person whose interest in the vessel is not recorded with a state department or a federal agency. Section 5-100. Public auction. If the vessel is not repossesseawITll:Ln20 days after tne mailing of the notice, the vessel shall be disposed of by public auction, through oral tenders, or by sealed bids, after public advertisement has been made once in a newspaper of general circulation. However, the public auction may not be held less than five days after the publication of the -1- . . . City of Seward Ordinance No. 488 Page Two e - of the advertisement. If no bid is received, the vessel may be sold by negotiation, disposed of as junk, donated to a governmen- tal agency, or destroyed. Section 5-101. Possession by interested party. A person having an interest in an abandoned vessel may take possession of it before the date of the public aution upon payment to the Harbor- master of all port or harbor use fees, towing, handling, storage, appraisal, advertising and any other expenses incurred by the Harbormaster in connection with the vessel. If the person taking possession of the vessel is not the regestered owner, he shall, before taking possession of the vessel, pay the expenses incurred by the Harbor master and post security deemed by the City manager to be adequate which may not exceed the appraised value of the vessel. The security, if not forfeited, shall be returned to him one year after receipt. Section 5-102. When public auction not required. Public auction is not required when the appraised value of an abandoned vessel, as determined by an independent appraiser is less than $100. The appraiser must have at least one year of experience in the sale, purchase or appriasal of vessels. Upon that determination and after public ~~vertisement has been made once in a newspaper of general circulation, the Harbormaster may sell the vessel by negotiation, dispose of it as junk or donate the vessel to a governmental agency, or destroy it. Section 5-103. Effect of sale. The transfer of interest by sale unaer-Art~cle VII of this chapter shall be evidenced by a bill of sale from the Harbormaster, considered a transfer by operation of law. and governed by applicable provisions of law. Section 5-104. Definition. (a) The term "vessel" as used in this chapter shall mean every description of watercraft, other than a seaplane, used or designed to be used as a means of transportation on or through the water. (b) The term "derelict vessel" as used in this chapter shall mean a vessel which is in a wrecked, junked or substantially dismantled condition or which is sunk or in immediate danger of sinking or is endangering life or property; the term shall also include unattended marine-oriented equipment which is left on City-owned land which has not been registered with the Harbormaster and which has not been approved by him for storage at that location. Section 2. days following enactment. This sect ion shall take effect ten (10) -2- . . . ~ City of Seward Ordinance No. 488 Page Three ~ ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 23rd day of June , 1980. AYES: NOES: ABSENT: CITY OF SEWARD, ALASKA ~~L. ~7, I. !fl\ Mayor CAMPBELL, CRIPPS, GILLESPIE, HUGLI, LEER AND SWARTZ NONE SORIANO ATTEST: APPROVED AS TO FORM: ~~;!19-wl! City At torney