Chapter 14.11
FEES
Sections:
14.11.010 Fee collection and lien.
14.11.005 Fee schedule.
The assembly shall, by resolution, establish fees for the harbor and port facilities. A public hearing of the assembly shall be required on the resolution that establishes such fees. [Ord. 975 § 2, 2020.]
14.11.010 Fee collection and lien.
A. Invoicing. Invoices for fees shall be due on the fifth day after they are sent or delivered. Invoices may be delivered personally or on a monthly or other basis to the last address provided to the harbormaster. It is the harbor user’s obligation to notify the harbormaster in writing of any changes in address.
B. Refunds.
1. Transient Moorage. There shall be no refunds of unused daily or monthly transient moorage fees paid for or agreed to in advance. Upon written request, the harbormaster shall refund an amount up to 10 months transient moorage fees computed from the end of the calendar month in which a written request is received.
2. Reserved and Customer Service Moorage. Upon written request, the harbormaster shall refund to a holder who voluntarily relinquishes reserved moorage space an amount up to 10 months unused moorage fees computed from the end of the calendar month in which the request is received, less any cost incurred by the Port of Wrangell including legal and administrative costs of processing the involuntary forfeiture.
C. Delinquent Fees and Fines. Fees are delinquent when they are more than 30 days past due. Fines are delinquent on the day after they are imposed by the court unless the court provides otherwise. The harbormaster may, but need not, give notice of any delinquent fees or fines.
D. Interest on Delinquent Fees and Fines. Delinquent fees and fines under this title shall accrue interest at the rate of one and one-half percent per month, or the maximum rate allowable by law, whichever is less, from the date they were due until paid in full.
E. Collection Action. The borough manager is authorized to commence suit or exercise any other legal remedy to collect any delinquent fee or fine. In the event such suit is commenced, the person obligated to pay the fee or fine shall, in addition to any other liability imposed by this title, be liable for the City and Borough of Wrangell’s actual, reasonable attorney’s fees and court costs associated with the collection.
F. Lien for Unpaid Fees. In addition to all other remedies available by law, the City and Borough of Wrangell shall have a lien on any registered vessel and a maritime lien and charge against the master and owner of any documented vessel for any fees and interest provided by this title and costs of collection, including attorney’s fees, upon such vessel (including all equipment, tackle, and gear) and property giving rise to such fees.
The lien may be enforced by the procedure set forth in Chapter 14.13 WMC and by any procedure otherwise provided by law. [Ord. 871 § 3, 2013; Ord. 625 § 5, 1996.]
14.11.015 Penalties.
Repealed by Ord. 913. [Ord. 625 § 5, 1996.]
14.11.020 Public hearing.
A. The port commission, subject to approval by the borough assembly, shall fix the rates, charges and classifications to be charged for the use of any and all harbor, port, terminal or transportation facilities constructed on property under its jurisdiction, including charges assessed against vessels, their owners, agents or operators for use of facilities and services within areas of the commission’s jurisdiction; charges for berthage while loading or discharging passengers or cargo; charges for administrative expense in serving users; charges for freight-handling operations; moorage, wharfage, handling, loading, unloading, services provided; and wharf demurrage rates.
B. Such rates, charges and classifications shall be just and reasonable and shall be established and modified at a public hearing conducted by the port commission. Notice specifying the time and place of hearing shall be given by at least one publication in a newspaper of general circulation in the borough at least 10 days prior to the hearing.
C. At the hearing, all persons affected by or interested in the matters to be heard may be present and may be represented by counsel. At the conclusion of the hearing, the parties interested may make such arguments before the port commission either in person or by an attorney regarding the matter at issue, and thereafter the port commission shall proceed to prepare a schedule of rates to be submitted to the borough assembly at its next regular meeting.
D. The borough assembly may adopt the port commission’s proposed schedule of rates by resolution with a public hearing being held before adoption at the same meeting, but the date upon which the rates fixed or regulated go into effect may not be less than 10 days after its passage and approval. [Ord. 975 § 3, 2020; Ord. 625 § 5, 1996.]
APPENDIX A
DISTRICT COURT FOR THE CITY AND BOROUGH OF WRANGELL FIRST JUDICIAL DISTRICT, AT WRANGELL HARBOR TICKET AND COMPLAINT
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City and Borough of Wrangell v. |
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Plaintiff |
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STATE OF ALASKA |
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FIRST JUDICIAL DISTRICT |
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The undersigned, being duly sworn, upon his oath deposes and says: |
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On the ___________ day of ___________, 20____ , at ______ a.m./p.m. |
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(Last) |
(First) |
(Middle) |
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__________________________________________________________________________________________ |
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(Mailing Address) |
(City) |
(State) |
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did unlawfully (operate) (part) (place) a/an (vessel) (item) |
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(Type) |
(Length) |
(Color) |
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(Boat name or number) |
(Item description) |
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within a public harbor, at ________________________________________________________ in violation of Wrangell Municipal Code ( ).( ).( ).( ) |
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The undersigned further states that this Harbor Ticket is based upon his personal observations and/or belief that the person named herein committed the offense, contrary to law. |
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COMPLAINT: |
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Sworn To and Subscribed before me this _____ day of________________, 20____. |
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(Signature of Complainant) |
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________________________________________ |
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(Notary) |
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(Title) |
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Court Appearance ___________ day of ___________, 20____, at ______ a.m./p.m. |
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Court Address: |
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I promise to appear in court at the time and place indicated. |
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Signature: _________________________________________________________________ |
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PLEASE READ THE BACK OF THIS TICKET AND COMPLAINT |
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INSTRUCTIONS TO PERSON GIVEN HARBOR TICKET READ THE FOLLOWING INSTRUCTIONS CAREFULLY |
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WHEN COURT APPEARANCE MANDATORY: |
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You have been charged with a Port Violation and requested to appear in District Court. You must appear in court on the date specified if you are charged with a MANDATORY COURT APPEARANCE VIOLATION as indicated on the other side of this summons. |
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WHEN COURT APPEARANCE NON-MANDATORY: |
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You have been charged with a Port Violation and are not required to appear in court if you have been charged with a NON-MANDATORY COURT APPEARANCE VIOLATION as indicated on the other side of this summons. |
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You may plead not guilty and contest the citation by signing the appropriate blank in the citation and posting bail in an amount equal to the fine. The court will notify you of your rights and a trial date. In general, you have the right to a trial, to engage counsel to assist in your defense, to confront and question witnesses to testify and to subpoena witnesses on your behalf. If you do not fully understand your rights, you may retain an attorney to advise you or you may appear in court on the date specified on the other side of this citation and the court will explain your rights. |
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You may plead no contest or guilty to the offense by signing the appropriate blank on the citation and paying the fine or bail specified on the citation either in person to the Borough Accounting Clerk in Wrangell City Hall at 206 Brueger Street, downtown Wrangell within five (5) days of the date of the arrest, or by mail to the Borough Accounting Clerk, P.O. Box 531, Wrangell, Alaska 99929 within five (5) days of the arrest. Acceptance and payment of the fine or bail is a complete satisfaction for the offense, and the offender shall be given a receipt which so states, should it be desired by the offender. |
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NOTICE |
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The court will issue a warrant for the arrest of any defendant who has failed to appear or answer a Harbor summons duly served upon him and upon which a complaint has been filed. |
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APPEARANCE, PLEA OF NOT GUILTY AND WAIVER OF APPEARANCE FORM |
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A. CONTEST THE CITATION. PLEA OF NOT GUILTY AND WAIVER OF APPEARANCE. ________ |
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I wish to contest this citation. I have checked the box above. A signed copy of this citation and my bail are enclosed. I request a non-jury trial. I understand the court will send me a listing of my rights, the time, date and place of trial, and notice of the type of trial granted. |
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I hereby waive my right to appear for arraignment, agree to post bail and enter a plea of not guilty to the violation charged. |
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AMOUNT $ ___________ |
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(Defendant’s Name) (Please Print) |
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___________________________________________________________________________________________ |
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(Address) |
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___________________________________________________________________________________________ |
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(Defendant’s Signature) |
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______________________________________________ |
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(Date) |
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B. PLEA OF GUILTY AND WAIVER OF APPEARANCE. ________ |
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I, the undersigned, do hereby enter my appearance on the complaint of the offense charged on the other side of this summons. I have been informed of my right to a trial, to engage counsel to assist in my defense, to confront and question witnesses, to testify and subpoena witnesses on my own behalf, and that my signature on this plea of guilty will have the same force and effect as a judgment of court, I do hereby PLEAD GUILTY to said offense as charged and WAIVE my rights to a trial by the court. I further agree to pay the penalty prescribed for my offense. |
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AMOUNT $ ___________ |
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(Defendant’s Name) (Please Print) |
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(Address) |
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___________________________________________________________________________________________ |
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(Defendant’s Signature) |
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___________________________________________________________________________________________ |
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(Receipt No.) |
(Date) |