§ 12.16.150. Impoundment and sale of derelicts and unregistered vessels.

A.

The harbormaster may impound, any vessel determined to be a derelict, or any vessel which has been restrained pursuant to Section 12.20.010 for more than fifteen (15) days without being redeemed by the owner/operator.

B.

Failure of an owner to reclaim an impounded vessel prior to sale shall constitute an abandonment of his interest in the vessel, and the purchaser at public auction shall take title to the vessel free and clear of the owner's interest therein but subject to any liens or encumbrances held by parties other than the owner.

C.

A vessel which has been impounded pursuant it this section may be sold at public auction upon the expiration of ninety (90) days from the date of impoundment charges and the other fees and takes possession of the vessel within ninety (90) days.

D.

Notice of the sale shall be given to the owner of the vessel:

1.

If the name and address of the vessel owner is known, by giving the vessel owner the actual notice of the time and place of the sale not less than thirty (30) days prior to the day of the sale;

2.

If the owner of the vessel is not known and after reasonable diligence the owners whereabouts cannot be ascertained the sale shall proceed as follows:

a.

Notice of impending sale shall be posted on the vessel,

b.

Notice of the sale shall be posted in three public places within five miles of the place where the sale is to be held;

c.

Notice of sale shall be published in a newspaper of general circulation not less than three times prior to the day of the sale;

d.

Notice of the sale shall be posted or published not less than thirty (30) days prior to the day of the sale.

E.

Sale of a vessel by the city pursuant to its impoundment authority does not include any warranty as to the title or otherwise.

F.

The proceeds of the sale of any impounded vessel shall be applied first to any fees or charges owed to the city on account of the vessel, including reimbursement for allcosts of impoundment and sale and any part of the proceeds remaining thereafter shall be made available to the owner of the vessel if claimed within thirty (30) days from the date of sale and if not so claimed shall become the property of the city. In the event that the proceeds of the sale does not cover the entire cost of the fees and charges owed on account of the vessel, including reimbursement for all costs of impoundment and sale, the city treasurer shall pursue the remaining balance through legal remedy.

(Ord. 88-06-07-01 § 5 (part): prior code § 15.40.160)

(Ord. No. 15-02-06, § 3 3-12-2015)