Chapter 11.20
REMOVING AND SECURING VESSELS OR PERSONAL PROPERTY AND PUBLIC SALE

Sections:

11.20.010    Removing or securing vessels or personal property and public sale.

11.20.010 Removing or securing vessels or personal property and public sale.

The city may employ the following procedures for the collection of delinquent moorage rates, or other charges or fees, or for the disposal of abandoned vessels or abandoned personal property:

(1) Notice Owner/Operator. If moorage rates, fees, or other charges are due and unpaid for a period in excess of 60 days, the vessel may be secured or removed and sold under the terms of this section. At least 15 days prior to securing or removing a vessel for delinquent moorage rates, fees or other charges, the city shall give notice setting forth the rates, fees, or charges then due, and stating that the city may terminate the moorage agreement and seize the vessel or other property if the charges are not paid within 15 days of the date of the notice. The notice shall be delivered by posting notice on the vessel; and personal delivery to the owner/operator or by certified mail, return receipt requested, at the last address provided by the owner/operator to the city.

(2) Abandoned Vessels or Personal Property. In the case of an abandoned vessel or abandoned personal property, or where no address or an incorrect address was furnished by the owner/operator, the city shall make a reasonable attempt to provide actual notice prior to securing or removing personal property; however, if, after a reasonable attempt to provide such notice, the owner/operator has not been contacted, the city may proceed as if notice had been given.

(3) Securing Vessels and Personal Property.

(a) If moorage rates, fees, or other charges are delinquent or if a vessel or personal property has been abandoned, the city may take any reasonable measure to secure the vessel or personal property and ensure that the vessel or personal property is in the possession and control of the city and cannot be removed from the facility, including, but not limited to, the use of chains, ropes, locks, and removal from the water, or removal to a storage area.

(b) At the time a vessel or personal property is secured, the city shall attach to the vessel or personal property a notice which shall state:

(i) The date and time the notice was attached.

(ii) A statement that if the account, together with all expenses incurred in securing the vessel or property and the city’s collection costs, is not paid in full within 30 days of the date of the notice, the vessel or personal property may be sold at public auction with proceeds applied to satisfy the city charges.

(iii) The address and telephone number where additional information may be obtained concerning release of the vessel or personal property.

(iv) The notice may also contain the date and time public auction is to be held, and other information for notices of foreclosure under ORS 87.192(4).

(c) Notice of securing a vessel or personal property shall be sent to the owner/operator by certified mail, return receipt requested, at the last address provided by the owner/operator to the city.

(4) Recovery of Possession by Owner/Operator. The owner/operator of a vessel or personal property secured by the city may recover possession as follows:

(a) By making payment to the city of all rates, fees or other charges including costs incurred in securing the vessel or property, notification costs, and other collection costs; or

(b) By entering into a written agreement, upon such terms and conditions as determined by the city, for payment of all unpaid rates, fees and other charges and costs by installment; or

(c) By posting a sufficient cash bond or other security with the city, to be held in trust by the city pending resolution of any disputed charges in a civil action in a court of competent jurisdiction. Upon entry of final judgment, including appeal, or upon settlement between the parties, the city shall receive so much of the bond or other security as is necessary to satisfy any judgment or settlement, along with costs and interest as may be awarded to the city. If personal or real property is pledged as security, such property shall be subject to execution in the manner provided by law.

(5) Procedure for Public Sale. If a vessel or other personal property has been secured and the owner/operator does not regain possession, the city may sell the vessel or property at public sale; provided, however, that no public sale of personal property except for delinquent nonpayment of moorage rates shall be held within 180 days after abandonment occurs or after notice is given to the owner that the property has been secured, whichever is later. Gear or other personal property associated with a vessel which has been secured and is being held for public auction shall not be subject to this 180-day holding period but may be sold at public auction along with the secured vessel. All sales of vessels and other personal property under this title shall be made according to the procedures for notification, foreclosure, and sale provided by ORS 87.172 through 87.206. The city may bid all or part of its charges and expenses at the sale and may become a purchaser at the sale. Sale proceeds shall be applied first to the costs of the sale, including attorneys’ fees, then to discharge of moorage rates, fees and other charges owed by the owner/operator, and the balance shall be paid as provided by ORS 87.206.

(6) Hazardous Vessels.

(a) In the event of an emergency, a hazardous vessel may, immediately and without notice by the city, be secured or removed from the facility. If removal is required, the city may take reasonable efforts to notify the owner/operator prior to moving a hazardous vessel. If the city moves a hazardous vessel without prior notice, notice indicating the vessel has been moved shall be given as soon as practicable. In all other cases, the city shall give written notice to the owner/operator, requesting removal of hazardous vessels within 15 days of the date of such notice. Notice shall be posted on the hazardous vessel, and delivered by personal delivery to the owner/operator or by certified mail, return receipt requested, to the last address provided by the owner/operator to the city.

(b) All risk of loss or damage resulting from securing or removing the vessel shall be borne by the vessel owner/operator. In the event the vessel is moved to another location, the vessel and its owner/operator shall be liable for any and all costs associated with removal and storage of the vessel.

(c) A hazardous vessel which remains at the facility in excess of 15 days from the date of notice requesting removal may be deemed an abandoned vessel.

(d) In the event any vessel capsizes, sinks or is otherwise disabled in such a manner as to be a hazard to navigation or use of city facilities, all loss, damage or cost of removing the same shall be chargeable to the vessel owner/operator. [Ord. 217 § 5, 1995].