Municipal Code Title 8
Harbor Facilities
Chapters:
Chapter 8.01 General Provisions
Chapter 8.04 Transfer of Cargo, Storage and Other Activity
Chapter 8.05 Duties of Boat/Skiff/Landing Craft/Barge Owners
Chapter 8.06 Prohibited Practices
Chapter 8.07 Fees and Penalties
Chapter 8.01
General Provisions
Section:
8.01.3 Implied Agreement for Use of Facilities
8.01.4 Tariff for Use by Common Carriers
Section
8.01.1 Purpose
The purpose of this title is:
- To provide for the safe and efficient use of Salmon River harbor facilities and all dock and float facilities, including those in Icy Passage managed by the City of Gustavus.
- To provide for the orderly management, development, and control of the harbor facilities;
- To protect and preserve the lives, health, safety and well-being of persons who use, work or maintain property at the harbor facilities;
- To protect public property;
- To prevent fire or health hazards and abate nuisances;
- To prevent and discourage the use of the harbor facilities for derelict vessels and property
- To insure adequate financial resources are available for upkeep and eventual replacement of the harbor facilities by the assessment of reasonable user fees or through other means; and
- To conform with State of Alaska standards regarding ordinances for harbor facilities.
Section 8.01.2 Interpretation
This title shall be construed to the greatest extent reasonable, in such a manner as to be consistent with applicable federal and state law, regulation, and any conveyances or agreements from or with the State of Alaska pertaining to harbor facilities.
Section 8.01.3 Implied Agreement for Use of Facilities
The use of the harbor facilities or the presence of a vessel therein shall constitute an agreement by the owner, operator, master and managing agent to conform to the provisions of this title and any rule, regulation or order made pursuant thereto and to pay all fees and charges provided by this title. The City of Gustavus does not assume responsibility or liability for loss or damage to property, or injury to persons within or upon its harbor facilities. All persons visiting or using harbor facilities do so at their own risk.
Section 8.01.4 Reserved
Section 8.01.5 Definitions
Whenever the words, terms, phrases and their derivations set forth in this section are used in this title, they shall have the meaning set forth in this section.
- Harbor. “Harbor” hereafter refers to the Salmon River Boat Harbor area and facility.
- Floats. “Floats” hereafter refers to the gangway and floats attached to the main Gustavus dock.
- Anchor. “Anchor” means to secure a vessel to the bed of a body of water by dropping an anchor or anchors or by using a buoy or other ground tackle.
- Derelict. “Derelict” means any vessel or property which is or reasonably appears to be forsaken, abandoned, deserted, cast away, unsound, unseaworthy, or unfit for its trade or occupation.
- Distress. “Distress” means a state of disability or a present or obvious imminent danger which if unduly prolonged could endanger life and/or property.
- Emergency. “Emergency” means a state of imminent or proximate danger to life or property in which time is of the essence.
- Harbor facilities. “Harbor facilities” includes the Salmon River Boat Harbor area and facility, the Gustavus Dock Facility, it’s dock and bridge, the gangway and floats attached thereto, all water, tidal areas, adjacent upland areas, floats, pilings, docks, moorings, buoys, stalls, vehicle parking area, structures, or other harbor improvements constructed, maintained, owned, or leased by the City, together with any and all facilities of a port or maritime nature either publicly or privately owned that are primarily used by or for the service of vessels, including docks, floats, pilings, ramps, hoists, parking areas, leased water areas, concessions and/or service facilities located within the area defined herein and more particularly described as follows:
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The Salmon River Boat Harbor area and facility: Means all the land within Parcel #3, Government lot 6, the Salmon River Boat Harbor area (35.65 acres minus the 12 acres subdivided from the parcel and dedicated to the Gustavus Disposal and Recycling Center), Section 8 of Township 40 S., Range 59 E., Copper River Meridian.
The Salmon River Boat Harbor area and facility: Means all the land within Parcel #3, Government lot 6, the Salmon River Boat Harbor area (35.65 acres minus the 12 acres subdivided from the parcel and dedicated to the Gustavus Disposal and Recycling Center), Section 8 of Township 40 S., Range 59 E., Copper River Meridian.
The Gustavus Dock facility: This facility begins within the uplands of the N.E. 1/4 of Section 19 of Township 40 S., Range 59 E, Copper River Meridian and proceeds south across the tidelands into Icy Passage waters according to current tideland surveys.
Those structures included in the facility are the dock and approach, the gangway, floats and all tidelands and waters 300 feet on either side of the bridge to include a ”navigation clear zone” off the south face of the main Gustavus Dock as indicated on the attached map. In addition to the “navigation clear zone,” a “navigation approach zone” SW off the main Gustavus dock is provided to assure safe and clear passage for ships and barges as they approach the main dock face.
Those structures included in the facility are the dock and approach, the gangway, floats and all tidelands and waters 300 feet on either side of the bridge to include a ”navigation clear zone” off the south face of the main Gustavus Dock as indicated on the attached map. In addition to the “navigation clear zone,” a “navigation approach zone” SW off the main Gustavus dock is provided to assure safe and clear passage for ships and barges as they approach the main dock face.
h. Harbormaster. “Harbormaster” means the individual described in Section 08.02.1 and any assistant Harbormaster or other person designated by the Harbormaster/Gustavus City Council/Mayor to act in his/her place.
i. Moor. “Moor” means to secure a vessel other than by anchoring.
j. Moorage. “Moorage” means the process of mooring or the state of being moored and, when the context requires, the fees for such acts imposed by this title.
k. Nuisance. “Nuisance” means derelict private property including a vessel, a vessel which is not kept and/or regularly pumped free of excess water inside its hull, or is submerged, or which constitutes a fire, health, safety or navigation hazard. A vessel may be presumed to constitute a nuisance if:
1. The vessel is sunk or in immediate danger of sinking, or is obstructing a waterway, or is endangering life or property and has been left unattended for a continuous period of twenty-four (24) hours; or
2. The vessel has been moored or otherwise left at a harbor facility; and
A. The vessel’s owner no longer resides at the address listed in the vessel registration with the City of Gustavus;
B. The last registered owner of record disclaims ownership and the current owner’s name or address cannot be determined, or the vessel identification number or other means of identification have been obliterated or removed in a manner that nullifies or precludes efforts to locate or identify the owners; or
C. The City has no record of the vessel ever having been registered with the City and the owner’s name cannot be determined; or
3. The vessel does not clear the harbor facilities at least one (1) time per year.
l. Person. “Person” means any natural person, partnership, corporation, or governmental agency. A natural person and a corporation may be considered the same if the former has control over the latter.
m. Qualifying Interest. “Qualifying Interest” in a vessel means the interest of a person who owns the vessel or under the provisions of written charter or lease has exclusive control over the operation and navigation of the vessel. The person who transfers title to a vessel or enters into a charter or lease of the vessel, and thereby relinquishes his exclusive control over the use and operation of the vessel, ceases to have a qualifying interest in the vessel.
n. Transfer of Cargo. “Transfer of cargo” means all types of loading, unloading, transfer and/or containerization of any kind of cargo.
o. Vessel. “Vessel” means any ship, boat, skiff, barge, dredge, and/or craft of every kind and description, whether used for pleasure or commercial purposes, which is designed to be used as a means of transportation on or through the water, but excluding seaplanes.
Chapter 8.02
Administration
Section:
8.02.2 Disclaimer of Liability
8.02.3 Marine Facilities Committee
Section 8.02.1 Harbormaster
The Mayor may appoint a Harbormaster who shall administer harbor facilities with the powers provided by this title. The Harbormaster, working with the Mayor and/or Gustavus City Council and Marine Facilities Committee, may issue regulations not inconsistent with this title for the operation and use of the harbor facilities. Regulations shall be in writing and posted for public view at the in three public places for 30 days prior to becoming effective. Thereafter, they shall be available for public distribution at the Gustavus City Clerk's office.
Section 8.02.2 Disclaimer of
Liability
The authority granted to the Harbormaster shall not create an
obligation or duty requiring the Harbormaster to take any action to
protect or preserve any vessel or property located at or within the
harbor facilities, or utilizing the harbor facilities. The City
of Gustavus shall not be liable for any loss or damage to real or
personal property at the harbor facilities resulting from fire or other
casualty, theft, or vandalism.
Section 8.02.3 Marine Facilities
Committee
The Marine Facilities Committee shall be appointed and function as a
standing committee in accordance with Gustavus City Ordinance Section 2.40.150 for standing
committees. The Harbormaster shall not be a voting member of the
Marine Facilities Committee, but will serve the Committee in an
advisory role.
Section 8.02.4 Committee Duties
The Committee shall advise the Mayor and Council on all matters regarding supervision and control of the harbor facilities. The Committee shall supervise the Harbormaster and recommend regulations for the use of the harbor facilities to the Council. The Council may adopt or disregard the Committee’s recommendations.
Chapter 8.03
Moorage
Section:
8.03.4 Reserved - Reserved Moorage
8.03.5 Reserved - Moorage Conditions and Restrictions
8.03.6 Reserved - Refusal of Moorage
8.03.7 Reserved - Required Equipment
8.03.9 Authority of Harbormaster to Board and Move Vessel
8.03.10 Reserved - Forfeiture of Space
Section 8.03.1 Registration Required
Each owner, master or managing agent of a vessel using the harbor facilities is required to register the person’s name, address and telephone number, and the vessel’s name, with the Harbormaster/City and will be required to sign a user agreement. Registration forms will be available at the harbor sites. Said owner, master or managing agent shall promptly notify the Harbormaster/City of Gustavus of any changes in registration information.
Section 8.03.2 Transient Moorage
Moorage at the Gustavus Dock facility shall not exceed the times as posted on signage at the dock to be established by resoltuion.
Section 8.03.3 Reserved
Section 8.03.4 Reserved - Reserved Moorage
Section 8.03.5 Reserved - Moorage Conditions and Restrictions
Section 8.03.6 Reserved - Refusal of Moorage
Section 8.03.7 Reserved - Required Equipment
Section 8.03.8 Reserved - Utilities
Section 8.03.9 Authority of Harbormaster to Board and Move Vessel
In the event of a fire or other emergency affecting the safety of persons and property in the harbor facilities, the Harbormaster may board, move, replace inadequate mooring lines on, remove snow from, pump water from, and take any other action to prevent loss of life or property with respect to any vessel in the harbor facilities.
Section 8.03.10 Reserved - Forfeiture of Space
Chapter 8.04
Transfer of Cargo, Storage and Other Activity
Section:
Section
8.04.1 Transfer of Cargo
These provisions are intended to govern common carrier cargo operations and sale or transfer of seafood products at harbor facilities.
- Location. Transfer of cargo may occur only at designated loading zones within the harbor facilities. Loading zones shall be adequately marked with time limits at the discretion of the Harbormaster/City.
- Notification. Cargo carriers should coordinate their entrance into the harbor facilities with the Harbormaster/City prior to use. All hazardous materials shall be clearly marked and labeled in accordance with state and federal regulations.
- Freight Transfer Duration. Freight transfer time at the facility is limited to:
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- The transferring of/or loading of materials only. In special situations these times may be extended by the Harbormaster/City.
d. Liability and Indemnity. All risk of loss from theft, fire, or other casualty to cargo shall be assumed by the parties to the shipping agreement and not the City of Gustavus. The person loading/unloading cargo shall defend, indemnify, and hold the City of Gustavus harmless from all claims arising from the cargo transfer at the harbor facilities.
e. Cargo Area Cleanup. Cargo carriers will keep the cargo transfer area clean and free of trash, pallets or operational equipment associated with freight service. Failure to comply may result in a refusal of facility use for the carrier.
Section 8.04.2 Storage
- Availability. Storage space may be available at the harbor facilities in designated areas. A person may apply to use storage space at the harbor facilities by contacting Harbormaster/City.
- Assignment of Storage Space. Storage space will be let by a first-come first-serve basis.
- Use Period. Items may be placed in the designated storage area for up to 2 weeks without charge or longer by special arrangement.
- Items stored outside the designated storage area will be considered a nuisance.
- Specific Types of Storage. The following requirements apply to the kind of storage indicated:
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- Boats and boat trailers. Boats and boat trailers may be stored, provided they do not create a safety hazard to persons or property and are readily moveable and stored only in the designated storage area if such area exists.
- Vessels. Vessels may be stored without trailers, but must be blocked and properly supported so as not to create a safety hazard and located in a place designated for such storage by the City.
- Other Cargo. Incoming and outgoing cargo and commodities of a size and type not suitable for containerized storage may be neatly stored in the open in areas designated by the Harbormaster/City.
- Markings. Items placed in a storage area, including goods on pallets, shall be clearly marked with the name of the owner or responsible person, mailing address, telephone number.
- Liability and Indemnity. The user of storage space in the harbor facilities assumes all risk of loss from theft, fire or other casualty. Storage areas in the harbor facilities may not be guarded or enclosed. The user shall defend, indemnify, and hold the City of Gustavus harmless from all claims arising from storage at the harbor facilities.
Section 8.04.3 Reserved
Section 8.04.4 Reserved
Section 8.04.5 Launching
Launching motorized vessels through use of a trailer shall be
restricted to launch ramps. Vessels shall be continuously engaged
in launching or haul out and shall not be left unattended while in the
launching area. The vessel launching fee shall be paid prior to
the vessel entering the launching area. The fees for launching
will be set forth in resolution.
Section 8.04.6 Reserved - Floatplanes
Section 8.04.7 Restricted Areas
The Harbormaster/City may by regulation restrict areas of the harbor
facilities from use by one or more classes of vessels, for certain
activities and for longer than specified periods.
Section 8.04.8 Parking
The council may establish by resolution designated parking areas and
rules for users of the harbor facilities.
Section 8.04.9 Residential Use
No portion of the harbor facilities or cargo within the harbor facilities shall be used for residential purposes. Vessels within the harbor facilities shall not be used for residential purposes. Camping is not allowed in the Salmon River Boat Harbor area or facility.
Section 8.04.10 Signs
Signs or other printed material shall not be placed on any part of the harbor facilities without prior approval by the Harbormaster/City.
Section 8.04.11 Accident Report
Any person utilizing the harbor facilities involved in an accident
resulting in the death or serious injury of any person or damage to
property shall, in addition to any other notices required by law,
immediately give oral notice of the accident to the
Harbormaster/City. In addition, the person shall, within
twenty-four (24) hours after the accident, file a written report with
the Harbormaster on such form as the Harbormaster/City may provide.
Chapter 8.05
Duties of Boat/Skiff/Landing Craft/Barge Owners
Section:
8.05.1
In addition to the duties of registration and identification as herein provided, every owner, master, operator or managing agent of any boat using the mooring and/or other facilities of the harbor shall be obliged to use due diligence in performing the following requirements:
- Use all reasonable effort and precautions in keeping the boat in his or her charge well secured, securely moored with lines in reasonably fit condition, sufficiently pumped out at all times to keep the boat afloat, and to otherwise attend the needs of the boat to avoid need for attention by the Harbormaster/City.
- To promptly pay all charges and taxes assessed or levied according to law either against the boat or its owner.
- Supply and use adequate fenders to safeguard floats and vessels from chafing and other damages.
Chapter 8.06
Prohibited Practices
Section:
8.06.2 Operating Under the Influence
8.06.3 Improper Boat Operation
8.06.7 Reserved - Inadequate
Equipment
8.06.8 Improper Use of Facilities
8.06.9 Improper Waste Disposal
8.06.10 Improper Dumping or Discarding of Property
8.06.11 Unattended Cargo or Freight
8.06.12 Improper Petroleum Product Disposal
8.06.14 Posting Written or Printed Matter
8.06.15 Reserved - Water Sports
8.06.16 Reserved - Conducting Commercially-Oriented Business
Section
8.06.1 Speeding
To operate or cause to be operated any water craft at a speed in excess of five (5) nautical miles per hour or at any speed which causes an excessive wake.
Section 8.06.2 Operating Under the Influence
No person may operate a vessel within the harbor facilities area described in 8.06.01, while under the influence of alcohol or other drugs to the extent that it would be unlawful to operate a motor vehicle under state law in such conditions.
Section 8.06.3 Improper Boat Operation
No person shall operate or cause to be operated any boat or watercraft
in a reckless/negligent manner and in willful and wanton disregard for
the safety of persons or property within the limits of the boat harbor
facilities
No person shall operate any boat or watercraft in a manner that shall unreasonably or unnecessarily interfere with other watercraft or vessels or with the free and proper navigation of the waterways of the harbor facilities.
Section 8.06.4 Hazard to Navigation
No person shall create or fail to remove, after request from the Harbormaster/City, a hazard to navigation within the area described in 8.01.5 part g, known as the harbor facilities.
Section 8.06.5 Failure to Register
No owner/operator of a vessel shall fail to register a vessel operated
by that person with the Harbormaster/City.
Section 8.06.6 Improper Mooring
No person shall moor a vessel or anchor any boat, vessel or
other floating structure;
- in such a manner as to obstruct access to the float or harbor facilities;
- within the navigation clear zone or the navigation approach zone in Icy Passage.
Section 8.06.7 Reserved - Inadequate Equipment
Section 8.06.8 Improper Use of
Facilities
No person may use portions of the harbor facilities for purposes or in
a manner contrary to Title 8 of this ordinance.
Section 8.06.9 Improper Waste Disposal
No person shall dispose of trash, garbage, refuse, human, or any
similar substance into the water at the harbor facilities.
Disposal of seafood wastes may occur from the Gustavus Dock and
floats. Only small amounts of seafood waste should be disposed of
at the Salmon River Boat Harbor facility.
Section 8.06.10 Improper Dumping or Discarding of
Property
No person shall dump or discard tangible property at or on the
Salmon River boat harbor facility.
Section 8.06.11 Unattended Cargo or
Freight
No person shall deposit, place or leave any cargo, merchandise,
supplies, freight, articles or other objects upon any float, ramp,
decline, walk or other public place at the harbor facilities excepting
at such places as may be designated as loading and unloading zone by
the Harbormaster/City. Free and unencumbered access must be
maintained at all times to the public facilities.
Section 8.06.12 Improper Petroleum Product
Disposal
No person shall release any fuel, oil, their derivatives, wastes or
by-products, or other petroleum products in the water at the harbor
facilities.
Section 8.06.13 Control of Animals
Owners will be responsible for cleaning up after their pets.
Section 8.06.14 Posting Written of Printed
Matter
No person shall erect, place, write, post or maintain any written or
printed matter, advertising matter or sign at the harbor facilities
without having first obtained permission of the Harbormaster/City. All
unauthorized signs shall be removed by the Harbormaster/City.
No person shall disregard, deface, remove, tamper with or damage any sign or notice posted or erected by the Harbormaster/City relating to the use of mooring areas or other uses of the harbor facilities. Signs shall be placed at normal height requirements at the harbor facilities.
Section 8.06.15 Reserved - Water Sports
Section 8.06.16 Reserved - Conducting Commercially-Oriented Business
Section 8.06.17 Failure to Report
No person shall fail to report accidents required by Section 8.04.11 of this title.
Chapter 8.07
Fees and Penalties
Section:
8.07.2 Fee Collection and Lien
Section
8.07.1 Fee Schedule
A fee schedule will be set forth in resolution.
Section 8.07.2 Fee Collection and Lien
- Invoicing. Invoices may be delivered personally or mailed when due as set forth in resolution.
- Delinquent Fees and Fines. Fees are delinquent when they are more than thirty (30) days past due. Fines are delinquent on the day after they are issued by the City. The Harbormaster/City may, but need not, give notice of any delinquent fees or fines.
- 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 (1.5%) per month from the date they were due until paid in full.
- Collection Action. The Mayor 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 of Gustavus’ actual, reasonable attorney’s fees and costs associated with the collection.
- Lien for Unpaid Fees. In addition to all other remedies available by law, the City shall have a lien for any fees, interest and costs of collection, including attorney’s fees, provided by this title, upon any vessel (including all equipment, tackle, and gear) cargo and property giving rise to such fees. The lien may be enforced by any procedure otherwise provided by law and by the procedure set forth in 8.08 of this title.
Section 8.07.3 Penalties
- Every act prohibited by this title is unlawful and may be enjoined by judicial order. The list of prohibited practices listed in Chapter 8.06 may be subject to civil penalties, in amounts to be established by resolution of the City Council, not to exceed three hundred dollars ($300) per violation. Each act or violation and every day upon which a violation occurs or continues constitutes a separate offense.
- Citation: A person committing a violation of this title shall be issued a citation, unless otherwise required by law or the immediate circumstances. If the violation for which the citation is issued is one which does not require a mandatory appearance, the person to whom it is issued may plead no contest or guilty to the offense without a court appearance by signing the appropriate blank on the citation and paying the specified fine in person or by mail within five (5) days of the date of the citation, to the City Clerk at The City of Gustavus, P.O. Box 1, Gustavus, Alaska 99826. Acceptance of payment of the prescribed fine is complete satisfaction for the violation, and the offender shall be given a receipt which so states, if requested.
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Mail-In Fine Procedure. If the violation for which the citation is issued is one for which only a fine may be imposed, the person to whom it is issued may plead no contest or guilty to the offense without a court appearance by signing the appropriate blank on the citation and paying the specified fine. Acceptance of payment of the prescribed fine is complete satisfaction for the violation, and the offender shall be given a receipt that so states, if requested.
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- Promise to Appear. The citation form shall contain a place for the accused to sign acknowledging receipt of the citation and if the person refuses to accept the citation or refuses to sign acknowledgment of receipt and promise to appear, the Harbormaster/City shall proceed in the manner provided by law for violations. If the accused accepts the notice but fails to pay the fine or appear in court as required, the citation shall be considered a summons for the charge of the violation and the accused shall be proceeded against in a manner prescribed by law.
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Chapter 8.08
Impoundment
Section:
8.08.1 Vessels and/or Property Which May be Impounded
Section
8.08.1 Vessels and/or Property Which May be
Impounded
The Harbormaster/City is authorized to impound a vessel or property under any of the following circumstances:
- The vessel or property is within the harbor facilities and is a derelict or a nuisance as defined by this title;
- The fees for which the City of Gustavus has a lien on the vessel are delinquent;
- The vessel or property is located at the harbor facilities and is in violation of this title, a regulation of the harbor facilities, or a state or federal law.
Section 8.08.2 Notice to Owner
- Contents. Prior to impounding any vessel or property, the Harbormaster/City shall prepare a written notice of intent to impound the vessel/property. The notice shall contain:
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- The name and/or official number or state registration number of the vessel;
- The name and address, if known, of the owner, operator, master or managing agent, the location of the vessel or property;
- The basis or reason for impoundment; and
- The moorage space, if any, which will be forfeited if the vessel is impounded.
- Distribution. The notice of intent to impound shall be at least sixty (60) days before impoundment.
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- Mailed by certified mail, return receipt requested, to the last known owner, master, or managing agent of the vessel or property at his last known address; and
- Posted on the vessel or property and in three public places.
Section 8.08.3 Hearing
- Demand for Hearing. The owner, master or managing agent or any other person in lawful possession of a vessel or property proposed for impoundment has the right to a pre-impoundment administrative hearing to determine whether there is cause to impound the vessel or property. Any such person desiring a hearing shall file a written demand with the City of Gustavus Clerk within ten (10) days after mailing and posting of the notice of intent to impound.
- Hearing Procedure. The hearing shall be conducted within seventy-two (72) hours of receipt of a written demand therefore from the person seeking the hearing, unless such person waives the right to a speedy hearing. Saturdays, Sundays and City of Gustavus holidays are to be excused from the calculation of the seventy-two (72) hour period. The hearing officer shall be designated by the Mayor and shall be someone other than the Harbormaster. The sole issue before the hearing officer shall be whether there is cause to impound the vessel or property in question. "Cause to impound" shall mean such a state of facts as would lead a reasonable person exercising ordinary prudence to believe there are grounds for impounding the vessel or property. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall have the burden of establishing that he has the right to possession of the vessel or property. The Harbormaster/City shall have the burden of establishing if there is cause to impound the vessel or property. 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 a hearing.
Section 8.08.4 Decision
At the conclusion of the hearing, the hearing officer shall prepare a written decision. The hearing officer shall only determine that, as to the vessel or property in question, either that there is cause to impound the vessel or property or that there is no such cause. A copy of the decision shall be provided to the person demanding the hearing, and the owner of the vessel or property, if the owner is not the person requesting the hearing. The hearing officer's decision shall in no way affect any criminal proceedings in connection with the impoundment in question, and any criminal charges involved in such proceedings may only be challenged in the appropriate court. The decision of the hearing officer is final.
Section 8.08.5 Impoundment
In the event the hearing officer determines there is cause to impound the vessel/property, the Harbormaster/City may proceed immediately with impoundment. The Harbormaster/City may impound the vessel or property by immobilizing it, removing it or having it removed from the water or land and placing it in public or commercial storage, with all expenses of haul out and storage and an impound fee to be borne by the owner of such vessel or property. At any time, prior to the sale of the vessel or property, the owner, operator, master or managing agent, or person in lawful possession of the vessel/property may redeem the vessel by a cash payment of all fees against the vessel/property, including interest and costs.
Section 8.08.6 Notice of Sale
- Contents. Prior to the sale of any impounded vessel or property, the Harbormaster/City shall prepare a written notice of sale of the vessel or property. The notice shall contain:
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- The name and/or official number or state registration number of the vessel;
- The date, time and place of the sale; and
- The fees, interest, and costs which are due against the vessel or property and the bidding terms provided by Section 8.07 of this title
- Distribution. The notice of sale shall be, at least thirty (30) days before the sale:
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- Mailed by certified mail, return receipt requested, to the last known owner, master, or managing agent of the vessel or property at his last known address.
- Posted on the vessel or property, in three public places, a notice of such action to be taken; and
- Published in a newspaper of general circulation in Gustavus, Alaska, if such a publication exists, at least once.
Section 8.08.7 Sale
- Bids. The minimum acceptable bid shall be a sum equal to the fees against the vessel or property, including interest and costs to be paid in cash at the time of sale or within twenty-four (24) hours thereafter. The proceeds of such sale shall be first applied to the cost of the sale, then to interest, then to fees accrued, and the balance, if any, shall be held in trust by the City of Gustavus for the owner of the vessel or property to claim. If such balance is not claimed within six (6) months, the balance shall be forfeited to the City of Gustavus. Upon sale being made, the City of Gustavus shall make and deliver its bill of sale, without warranty, conveying the vessel or property to the buyer.
- No Bids. If at the public sale there are no acceptable bids for the vessel or property, the City of Gustavus may destroy, sell at a private sale, or otherwise dispose of the vessel/property. Such disposition shall be without liability to the owner, master or managing agent, person in possession of the vessel or property, or lien holder of the vessel or property.
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Municipal Code Title 7
