A. Impoundment of Boats or Vessels for Violations. The harbormaster is hereby authorized to impound any vessel in the borough port and harbor facilities whose owner, operator, master, or managing agent is not aboard and which is not properly identified by name and number; or any boat or vessel in the borough port and harbor facilities which is in violation of any of the parking, mooring, or traffic regulations of the borough port and harbor facilities; or any vessel in the borough port and harbor facilities whose owner, operator, master or managing agent has not paid the slip license fee or any other fee or charge due the borough for the vessel by the due date of such license fee, fee or charge; or any vessel which has become a nuisance and whose owner, operator, master or managing agent has failed to remove it. The harbormaster may, pursuant to this section, impound a vessel by immobilizing it or removing it or having it removed from the water and placed in borough or commercial storage with all expenses and risks of haul-out and storage to be borne by the owner of such vessel.

B. Storage Charge. The owner, master, operator or managing agent of any impounded vessel shall be subject to and liable for a storage charge, and shall be subject to and liable for all costs incurred by the borough by reason of the impounding or removal.

C. Notice to Owner. At least 10 days prior to impounding any vessel, the borough shall cause to be posted on the vessel, in the harbormaster’s office, the borough clerk’s office and on the bulletin board at the entrance of the United States Post Office, notice of such action to be taken by the borough. A copy of the notice shall be mailed to the owner’s, master’s or registered agent’s last known address, which address shall be the same as that furnished in accordance with the provisions of HBC 16.20.010. The notice shall contain the name and number of the vessel, the name and address, if known, of the owner, master, operator or managing agent and the location of the vessel.

D. As to any vessel proposed for impoundment pursuant to this chapter by or at the request of the borough, its agents or employees, a person in lawful possession of the vessel has the right to a pre-impoundment administrative hearing to determine whether there is probable cause to impound the vessel if such person files a written demand, on forms so provided for such a hearing, with the borough within 10 days after such person has learned such vessel will be impounded or within 10 days after the mailing of such notice required by subsection (C) of this section, whichever occurs first.

E. A hearing shall be conducted before a hearing officer, or officers, designated by the manager within five business days of receipt of a written demand, unless such person waives the right to a speedy hearing. Calculation of the five days shall commence with the first business day following receipt of the written demand and exclude Saturdays, Sundays and borough holidays. The hearing officer(s) shall be someone other than the person who will direct the impounding and storage of the vessel. The sole issue before the hearing officer(s) shall be whether there is probable cause to impound the vessel in question. “Probable cause to impound” shall mean such a state of facts as would lead a person of ordinary care and prudence to believe that there was a breach of local, state or federal law rendering the vessel subject to impoundment. The hearing officer(s) shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person has the right to possession of the vessel. The harbormaster shall carry the burden of establishing that there is probable cause to impound the vessel in question. At the conclusion of the hearing the hearing officer(s) shall prepare a written decision. A copy of such decision and the reasons therefor shall be provided to the person demanding the hearing and the owner of the vessel if such owner is not the person requesting the hearing. The hearing officer(s)’ decision in no way affects any criminal proceedings in connection with the impound in question and any criminal charges involved in such proceeding may only be challenged in the appropriate court. The decision of the hearing officer(s) is final. Failure of the owner, operator, master or managing agent to request or attend a scheduled pre-impoundment hearing shall be deemed a waiver of the right to such hearing.

F. The hearing officer(s) shall only determine that, as to the vessel in question, either there is probable cause to impound the vessel or there is no such probable cause. In the event that the hearing officer(s) determine(s) that there is no probable cause, the hearing officer(s) shall prepare and date a certificate of no probable cause, copies of which shall be given to the owner, operator, master or managing agent and to the harbormaster.

In the event that the hearing officer(s) determine(s) that there is probable cause, the hearing officer(s) shall prepare and date a certificate of probable cause, copies of which shall be given to the owner, operator, master or managing agent and the harbormaster. Upon receipt of such certificate of probable cause, the harbormaster may proceed with impoundment and disposition of the vessel by removal, sale or destruction as authorized by this chapter.

G. Notice of Sale. Any vessel impounded shall be held by the borough for a period of not less than 30 days during which the borough shall publish in a newspaper of general circulation in the borough a notice describing the vessel in general terms, the name and number, if any, the name and address of the owner, master, operator or managing agent, if known, or if not known shall so state, the location of the vessel and the intention of the borough to sell the same at public auction, on a day and at a place and time certain, not less than 10 days prior to the sale for cash to the highest and best bidder. At any time prior to the date of the auction, the owner, master, operator or managing agent may redeem the vessel by a cash payment of all borough charges against the vessel; however, if sold as a derelict vessel, other conditions specified by the harbormaster or hearing officer(s) shall also be met.

H. Sale. The minimum acceptable bid shall be a sum equal to the borough’s charges against the vessel. The proceeds of the sale shall be first applied to the costs of sale, then to moorage and service fees accrued, and the balance, if any, shall be held in trust by the borough for the owner of the vessel to claim; and if not claimed within one year, the balance shall be deposited into the appropriate port or harbor fund. Upon the sale being made, the borough shall make and deliver its bill of sale, without warranty, conveying the vessel to the buyer.

I. Other Disposition. If at the public sale there are no bidders for the vessel, the borough may destroy, sell at private sale or otherwise dispose of the vessel. The disposition is to be made without liability to the owner, master or lien holder of the vessel. (Ord. 12-01-281 § 4; Ord. 09-01-195)