Chapter 12.20
ADMINISTRATION
Sections:
12.20.040 Contractual services.
12.20.050 Berthing regulations and privileges.
12.20.060 Administrative inspections.
12.20.080 Expenses of corrective actions.
12.20.010 Port director.
The port director, under the direction of the city manager if the two offices are held by different people, is the chief administrative officer of the Nome port. Subject to the approval of the city manager, the port director shall:
(a) Manage and operate the Nome port;
(b) Perform all duties imposed by state and federal law upon harbormasters, port directors and administrative directors of harbors and ports;
(c) Make recommendations to the city manager regarding the appointment, hiring, promotion, layoff, suspension, demotion or removal of all employees of the Nome port;
(d) Prepare and submit to the city council at the end of each fiscal year a report on the finances and administrative activities of the Nome port, and prepare and make available for public distribution an annual report on the Nome port;
(e) Order any vessel improperly anchored, moored or berthed within the port to move to a location designated by the port director or to cause such vessel to be so moved if the order is not complied with;
(f) Promptly report to the appropriate federal or state agency any violation of the laws of the United States or the state of Alaska for the protection of navigation and preservation of navigable waters and wetlands;
(g) Enforce all ordinances and regulations pertaining to the management and operation of the Nome port;
(h) Assume such other authority and perform such other duties as may be lawfully prescribed by the Nome city council. (Ord. O-12-02-03 § 3, 2012: Ord. O-93-6-6 § 1 (part), 1994)
12.20.015 Harbormaster.
The harbormaster is an agent and designee of the port director and empowered to exercise day to day oversight of port facilities and users. In addition, if the office of port director is vacant for any reason, the harbormaster shall fulfill the duties and responsibilities of the port director and shall have all the rights and authority otherwise vested therein, including but not limited to enforcement of the code, rules, regulations, and tariff of the port of Nome. Under those circumstances, all references to “port director” in the code, tariff, regulations, or other documents should be construed to include the harbormaster as well. (Ord. O-12-02-03 § 4, 2012)
12.20.030 Fiscal management.
(a) There shall be an annual independent audit of the accounts and financial transactions of the Nome port. The audit shall be performed by a public accountant who has no personal interest, direct or indirect, in the fiscal affairs of the municipality. Copies of the audit shall be available to the public upon request.
(b) The fund or funds of the Nome port shall at all times remain separate from the general fund of the city.
(c) The city shall pay for the use of the Nome port at the same standard rate set for other comparable users. (Ord. O-93-6-6 § 1 (part), 1994)
12.20.040 Contractual services.
The Nome port director appointed by the city manager may be an individual person or a management services entity, in the discretion of the city council. No management services contract for port director shall delegate the exclusive authority of the city council to establish tariff rates and to promulgate regulations for the use of the Nome port. (Ord. O-93-6-6 § 1 (part), 1994)
12.20.050 Berthing regulations and privileges.
(a) The port director may execute long-term preferential berthing agreements subject to the approval of the Nome port commission, the Nome city council, and all required state and federal regulatory boards and commissions. A preferential berthing agreement shall extend to the privileged vessel a right to occupy a designated berth, but shall not preclude other vessels from using the berth when it is unoccupied.
(b) The port director may extend temporary preferential berthing privileges to a vessel upon request, if the port director reasonably finds that such a temporary preferential berthing privilege can be extended safely and without hardship to other vessels. (Ord. O-93-6-6 § 1 (part), 1994)
12.20.060 Administrative inspections.
(a) The port director may inspect a vessel, its crew and its cargo for the purpose of determining whether they pose a threat to the health, safety or welfare of the port facility or personnel.
(b) Except as provided by subsection (c) of this section, no inspection for which a warrant would be required under the Constitution of the state of Alaska or the United States may be conducted under this section unless the port director first obtains an administrative inspection warrant authorizing that inspection and exhibits the warrant to the master of the vessel prior to the inspection. The port director shall apply to the trial courts of the state of Alaska for inspection warrants. The application shall identify the vessel to be inspected, the authority to make the inspection, the nature and extent of the inspection, and those facts or circumstances which demonstrate a valid public purpose in the effective enforcement of this title sufficient to justify such inspection. Warrants issued under this section shall be returned in ten days.
(c) Where the port director finds that such action is necessary to prevent an immediate and substantial danger to the public health, safety or welfare, the port director may make an inspection permitted under subsection (a) of this section without an administrative inspection warrant, provided the port director has announced to the city manager or his designee the intention to enter. Such inspections shall be done peaceably and without violence or harm to person or property. (Ord. O-93-6-6 § 1 (part), 1994)
12.20.070 Facility damage.
Any person and vessel damaging any property interest of the Nome port shall be strictly liable to the city without regard for fault or negligence for all costs incurred by the city in repairing or replacing the damaged property. (Ord. O-93-6-6 § 1 (part), 1994)
12.20.080 Expenses of corrective actions.
(a) If a vessel or person fails to comply with the provisions of this chapter, a rule or regulation promulgated pursuant to this chapter, or an order of the port director, that vessel or person shall be liable for all expense, including administrative overhead, incurred by the city in executing corrective action.
(b) If the port director takes possession or control of a vessel or other property in the course of executing corrective action, such possession or control may be continued by the port director until such time as the expenses required by this section are paid.
(c) The initiation of corrective action under this section is a discretionary function of the port director. (Ord. O-93-6-6 § 1 (part), 1994)