§ 82-45. Impoundment of vessels.

(a)

Any vessel moored in violation of section 82-44 may be impounded by the city as provided herein.

(b)

Prior to impoundment, the city manager or his designee shall give written notice to the owner or operator of the vessel that such vessel will be impounded if it is not removed from waters of the city within the time prescribed in the notice. Posting of the notice in a conspicuous place on the vessel shall constitute delivery of the notice for purposes of this section. If the owner or operator can be located within the city, the notice may be hand delivered to such person in lieu of posting.

(c)

The notice shall include notice of an impoundment hearing, with the time, date and place of the hearing, to be set before the city manager or his designee not less than two days nor greater than five days after posting or delivery of the notice. The notice shall advise that interested person(s) must appear at the hearing to contest the removal, or the vessel will be removed by the city and impounded forthwith. The decision of the hearing officer shall be final administrative action.

(d)

If a vessel is not removed as required by the notice or as ordered by the hearing officer, the vessel may be impounded and delivered to a marina or other storage facility. Costs of impoundment and storage shall be assessed against the vessel and shall constitute a lien upon such vessel in favor of the city.

(e)

Any vessel impounded as provided herein, if not claimed by the owner, shall be disposed of according to law.

(f)

The remedy contained in this section shall be supplemental to any other penalties provided for violation of section 82-44.

(Ord. No. 1998-11, § 4, 4-7-98)