Chapter 12.30
ABANDONED AND DERELICT VESSELS
Sections:
12.30.015 Preimpoundment procedures.
12.30.020 Record of registration number.
12.30.040 Notification to lien holders.
12.30.050 Sale at public auction.
12.30.060 Assessment of costs.
12.30.070 Hearing before city council.
12.30.080 Disposition of sale proceeds.
12.30.010 Impoundment.
(a) The Nome port director shall have the authority to impound a vessel defined as delinquent, derelict or abandoned and which is located within the boundaries of the Nome port.
(b) A “delinquent” vessel is any vessel within port of Nome property that creates a serious hazard to public health, safety, or convenience, or whose owner is responsible for creating serious disruptions in port operations. Serious hazards or disruptions may include, but are not limited to, actions such as:
(1) Having an account over sixty days past due;
(2) Causing or allowing to be caused at least one reportable violation relating to releases of hazardous materials, either into the water or on port property;
(3) Causing or allowing to be caused at least one incident of damage to port property and/or infrastructure;
(4) Involvement in at least one confirmed report of an altercation/dispute with other users or port staff that requires police assistance;
(5) Violating tariff rules and regulations on more than one occasion (speed, reckless mooring, improper mooring, refusing to keep work area safe, clean and accessible);
(6) Refusing to comply with direct order from harbormaster or port and harbor staff.
(c) A “derelict or abandoned vessel” is any vessel moored or otherwise located within the boundaries of the Nome port which is forsaken, partially submerged, deserted or whose owner fails to contact the port director within five days after written notice declaring the vessel to be abandoned has been attached to said vessel. (Ord. O-12-02-03 § 6, 2012: Ord. O-93-6-6 § 1 (part), 1994)
12.30.015 Preimpoundment procedures.
(a) If the port director suspects that a vessel is delinquent, derelict or abandoned, he shall provide written notice to that effect prior to impounding the vessel. The notice shall be posted conspicuously or left with an appropriate person on the vessel. If the notice is not presented directly to the owner of the vessel, in person, the notice shall also be mailed by certified mail, return receipt requested, to the owner. The notice shall set forth in general terms the reasons that the port director suspects the vessel of being delinquent, derelict or abandoned. It shall state a time for the owner to be heard, which shall be not less than ten days after notice is given.
(b) The preimpoundment hearing shall be informal. No particular form is required, nor is it required to be on the record. The owner should be given a reasonable opportunity to explain any reasons the vessel should not be considered delinquent, derelict or abandoned, and/or to explain the steps the owner will take to remedy any problems noted by the port director. The owner may respond in writing if he or she chooses, as long as the response is received by the time set for hearing. If the owner does not appear at the appointed time, or otherwise fails to respond or cooperate, the port director should determine whether the vessel is delinquent, derelict or abandoned based on whatever facts and circumstances are available.
(c) After the informal hearing, the port director shall determine based on all the available facts and circumstances whether the vessel should be considered delinquent, derelict or abandoned and subject to impoundment under this section. The port director shall have the discretion and authority to order sanctions or conditions in lieu of impoundment in appropriate circumstances.
(d) If the port director determines that the vessel is subject to impoundment, he shall issue a written notice advising the owner of the vessel of the decision, the reasons therefor, and advising the owner that the vessel is subject to immediate impoundment. The port director may then proceed with the impoundment procedures outlined in NCO Sections 12.30.020 through 12.30.080. (Ord. O-12-02-03 § 7, 2012)
12.30.020 Record of registration number.
Upon impounding a vessel, the port director shall make a record of the official registration number or, if the vessel has no official registration number, any serial number, name or other identifying marks which are readily visible on the abandoned or derelict vessel and determine, if possible, the owner’s name and if the vessel is subject to any liens. (Ord. O-93-6-6 § 1 (part), 1994)
12.30.030 Notice to owner.
After impounding a vessel, but in no case later than five days after impounding a vessel, the port director shall cause a notice to be mailed by certified mail, return receipt requested, to the owner, informing the owner that the vessel has been impounded as delinquent, derelict or abandoned and that the vessel may be sold at public auction thirty days from the date the notice is sent if the owner does not reclaim the vessel, pay the costs associated with impounding the vessel, including storage fees, and satisfy any other reasonable conditions imposed by the port director. In the event that the vessel’s owner cannot be identified, the port director shall cause to be printed in a newspaper of general circulation within the city, a notice describing and identifying the impounded vessel and informing the public that the vessel may be sold at public auction thirty days after the date of the first publication of the notice and that the owner has thirty days from the date of the first publication of the notice to reclaim the vessel and pay all costs associated with its impoundment. This notice shall be published by the director once each week for four consecutive weeks. (Ord. O-12-02-03 § 8, 2012: Ord. O-93-6-6 § 1 (part), 1994)
12.30.040 Notification to lien holders.
Prior to the sale at public auction of any vessel impounded by the port director, the port director shall cause the notice required by Section 12.30.030 of this chapter to be sent to any person or entity known to the city to be holding a lien against the vessel. (Ord. O-93-6-6 § 1 (part), 1994)
12.30.050 Sale at public auction.
If an impounded vessel has not been reclaimed and the costs associated with its impound, including storage fees, paid to the city, the port director may publish a notice, in a newspaper of general circulation within the city, informing the public that the impounded vessel shall be sold at public auction. The public auction may be held not less than thirty days after the notice of public auction is first published. (Ord. O-12-02-03 § 9, 2012: Ord. O-93-6-6 § 1 (part), 1994)
12.30.060 Assessment of costs.
If an impounded vessel is not sold at public auction or if the sale does not cover the costs incurred by the city in impounding the vessel, the costs associated with impounding the vessel may be assessed against real or personal property of the owner, if the owner can be identified, in the same manner as real or personal property tax assessments. (Ord. O-93-6-6 § 1 (part), 1994)
12.30.070 Hearing before city council.
The owner of a vessel impounded by the port director may request in writing a hearing to contest the propriety of the impound before the Nome city council under the same procedures as the mayor may outline for appeals under Section 01.060(f) of the port of Nome tariff. Such written request shall be postmarked no later than thirty days after receipt of the notice of impound or first publication of the notice of impound. Within ten days of the conclusion of the hearing, the council shall issue a decision, or it may adopt the decision of the port director if the decision sufficiently sets forth the reasons for the decision and the council agrees to uphold the decision. The decision of the Nome city council shall be considered final and may be appealed to the Superior Court for the state of Alaska, Second Judicial District. (Ord. O-12-02-03 § 10, 2012: Ord. O-93-6-6 § 1 (part), 1994)
12.30.080 Disposition of sale proceeds.
Proceeds from the sale of derelict or abandoned vessels shall first be used to reimburse the city for all costs associated with impounding, storage and selling of the vessel; remaining funds shall be paid to holders of any liens recognized under federal admiralty or maritime law, provided such lien holders request payment from the city, in writing, within sixty days from the date of the vessel’s sale. Any funds remaining after the city and lien holders have been paid shall be paid to the owner of the vessel, provided that the owner makes such a request in writing, within sixty days from the date of sale and provided that the owner provides satisfactory proof of ownership to the port director. If any funds remain from the sale of a vessel, the funds shall be turned over to the city treasury after the sixty-day period. (Ord. O-93-6-6 § 1 (part), 1994)