Chapter 14.15
IMPOUNDMENT OF CARGO OR STORED PROPERTY
Sections:
14.15.005 Cargo or property which may be impounded.
14.15.010 Notice of impoundment.
14.15.005 Cargo or property which may be impounded.
The harbormaster is authorized to impound cargo or property under any of the following circumstances:
A. Cargo or property on which fees have become delinquent.
B. Cargo or property which is causing or is at risk of causing a safety or pollution hazard.
C. Cargo or property transferred or stored without prior written application pursuant to WMC 14.07.010(B). [Ord. 625 § 5, 1996.]
14.15.010 Notice of impoundment.
A. Contents. Prior to the sale of impounded cargo or property, the harbormaster shall prepare a notice of impoundment and sale of the cargo or property. The notice shall contain:
1. The name and address of the owner, managing agent or other responsible person, if known;
2. The description and location of the cargo or property;
3. The date, time and place of sale;
4. Notice of right to hearing provided by WMC 14.15.015; and
5. The fees, interest and costs which are due against the cargo or property and the bidding terms provided by WMC 14.15.020.
B. Distribution. The notice of impoundment and sale shall be, at least 30 days before the sale:
1. Mailed by certified mail, return receipt requested, to the owner if known, and to the agent or other person responsible for the cargo or property;
2. Posted on the cargo or property, at the harbormaster’s office, the United States Post Office in Wrangell, Alaska; and
3. Published in a newspaper of general circulation in the borough at least once. [Ord. 625 § 5, 1996.]
14.15.015 Hearing.
A. Demand for Hearing. The owner, agent or other person responsible for cargo or property which has been impounded has the right to an administrative hearing to determine whether there is probable cause to impound the cargo or property. Any person desiring a hearing shall file a written demand with the Wrangell borough clerk within 10 days after mailing and posting of the notice of impound.
B. Hearing Procedure. The hearing shall be conducted within 72 hours of receipt of a written demand therefor from the person seeking the hearing, unless such person waives the right to a speedy hearing. Saturdays, Sundays and borough holidays are to be excluded from the calculation of the 72-hour period. The hearing officer shall be designated by the borough manager and shall be someone other than the harbormaster. The sole issue before the hearing officer shall be whether there is probable cause for impounding of the cargo or property. “Probable 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 cargo 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 cargo or property. The harbormaster shall have the burden of establishing there is probable cause to impound the cargo or property. Failure of the owner, agent or other responsible person to request or attend a scheduled impoundment hearing shall be deemed a waiver of the right to such a hearing.
C. 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 cargo or property in question, either that there is probable cause to impound the cargo or property or that there is no such probable cause. A copy of the decision shall be provided to the person demanding the hearing, and to the owner of the cargo or property, if the owner is not the person requesting the hearing. The hearing officer’s decision shall in no way affect any criminal charges involved in such 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.
D. Bond as Substitute for Impoundment. If the sole cause for impound is for unpaid fees, fines or other charges accrued against the cargo or property and the hearing officer determines there is probable cause to impound, the hearing officer may allow the owner, agent or other person responsible for the cargo or property to post a cash bond as substitute for impound. The amount of the cash bond must be no less than the total charges against the cargo or property including but not limited to interest, costs and attorney’s fees. The cash bond must be posted with the borough clerk within 10 days from the date of the hearing. The act of posting a bond does not constitute an admission of liability for the debt or fine. [Ord. 625 § 5, 1996.]
14.15.020 Sale.
A. Method of Sale. Sales will be by public outcry auction. Sealed bids will be accepted and will be read aloud at commencement of the sale.
B. Bids. The minimum acceptable bid shall be a sum equal to all fees against the cargo or property, including interest and costs to be paid at time of sale. The proceeds of such sale shall be applied to the cost of sale, then to interest, then to the fees accrued, and the balance, if any, shall be held in trust by the borough without interest, for the owner of the cargo or property to claim. If such balance is not claimed within two years, the balance shall be forfeited to the borough. Upon sale being made, the borough shall make and deliver its bill of sale, without warranty, conveying the cargo or property to the buyer.
C. No Bids. If at the public sale there are no acceptable bids for the cargo or property, the borough may destroy, sell at private sale, or otherwise dispose of the cargo or property. The dispossession is to be made without liability to the owner, agent or other person responsible for the cargo or property. [Ord. 625 § 5, 1996.]