Chapter 12.30
ABANDONED AND DERELICT VESSELS

Sections:

12.30.010    Impoundment.

12.30.020    Record of registration number.

12.30.030    Notice to owner.

12.30.040    Notification to lien holders.

12.30.050    Sale at public auction.

12.30.060    Assessment of costs.

12.30.070    Hearing before port director.

12.30.080    Disposition of sale proceeds.

12.30.010 Impoundment.

(a) The Nome port director shall have the authority to impound a vessel defined as abandoned or derelict pursuant to this section and which is located within the boundaries of the Nome port.

(b) A “derelict or abandoned vessel” is any vessel moored or otherwise located within the boundaries of the Nome port which is forsaken, partially submerged, deserted or whose owner fails to contact the port director within seven days after written notice declaring the vessel to be abandoned has been attached to said vessel. (Ord. O-93-6-6 § 1 (part), 1994)

12.30.020 Record of registration number.

Upon impounding a vessel, the port director shall make a record of the official registration number or, if the vessel has no official registration number, any serial number, name or other identifying marks which are readily visible on the abandoned or derelict vessel and determine, if possible, the owner’s name and if the vessel is subject to any liens. (Ord. O-93-6-6 § 1 (part), 1994)

12.30.030 Notice to owner.

After impounding a vessel, but in no case later than five days after impounding a vessel, the port director shall cause a notice to be mailed by certified mail, return receipt requested, to the owner, informing the owner that the vessel has been impounded as derelict or abandoned and that the vessel may be sold at public auction thirty days from the date the notice is sent if the owner does not reclaim the vessel and pay the costs associated with impounding the vessel, including storage fees. In the event that the vessel’s owner cannot be identified, the port director shall cause to be printed in a newspaper of general circulation within the city, a notice describing and identifying the impounded vessel and informing the public that the vessel may be sold at public auction thirty days after the date of the first publication of the notice and that the owner has thirty days from the date of the first publication of the notice to reclaim the vessel and pay all costs associated with its impoundment. This notice shall be published by the director once each week for four consecutive weeks. (Ord. O-93-6-6 § 1 (part), 1994)

12.30.040 Notification to lien holders.

Prior to the sale at public auction of any vessel impounded by the port director, the port director shall cause the notice required by Section 12.30.030 of this chapter to be sent to any person or entity known to the city to be holding a lien against the vessel. (Ord. O-93-6-6 § 1 (part), 1994)

12.30.050 Sale at public auction.

If an impounded vessel has not been reclaimed and the costs associated with its impound, including storage fees, paid to the city, the port director may publish a notice, in a newspaper of general circulation within the city, informing the public that the impounded vessel shall be sold at public auction. The public auction may be held not less than twenty days after the notice of public auction is first published. (Ord. O-93-6-6 § 1 (part), 1994)

12.30.060 Assessment of costs.

If an impounded vessel is not sold at public auction or if the sale does not cover the costs incurred by the city in impounding the vessel, the costs associated with impounding the vessel may be assessed against real or personal property of the owner, if the owner can be identified, in the same manner as real or personal property tax assessments. (Ord. O-93-6-6 § 1 (part), 1994)

12.30.070 Hearing before port director.

The owner of a vessel impounded by the port director may request in writing a hearing before the port director to contest the propriety of the impound. Such written request shall be postmarked no later than ten days after receipt of the notice of impound or first publication of the notice of impound. (Ord. O-93-6-6 § 1 (part), 1994)

12.30.080 Disposition of sale proceeds.

Proceeds from the sale of derelict or abandoned vessels shall first be used to reimburse the city for all costs associated with impounding, storage and selling of the vessel; remaining funds shall be paid to holders of any liens recognized under federal admiralty or maritime law, provided such lien holders request payment from the city, in writing, within sixty days from the date of the vessel’s sale. Any funds remaining after the city and lien holders have been paid shall be paid to the owner of the vessel, provided that the owner makes such a request in writing, within sixty days from the date of sale and provided that the owner provides satisfactory proof of ownership to the port director. If any funds remain from the sale of a vessel, the funds shall be turned over to the city treasury after the sixty-day period. (Ord. O-93-6-6 § 1 (part), 1994)