11.05.020 Immediate Impound of Vessels posing hazard.
A. The City may immediately remove without notice and Impound any Vessel in Belvedere Waters under the following circumstances:
1. The Vessel interferes with, or otherwise poses a danger to, navigation or the public health, safety, or welfare.
2. The Vessel poses a threat to adjacent wetlands, levies, sensitive habitat, and/or protected wildlife species or water quality.
3. The Vessel is found or operated with a registration date in excess of one year before the date it was found.
B. The City shall mail a notice to the owner, if known, that the Vessel shall be deemed Abandoned Property and disposed of or sold by the City if left unclaimed for thirty (30) days, information regarding how to reclaim the Vessel, and the City’s address and telephone number.
C. Within thirty (30) days of notice, or if no such notice is possible, within thirty (30) days of Impoundment, the owner may reclaim the Vessel upon the payment of all fees and charges, including but not limited to, past due Permit fees, Penalties, interest, legal fees and costs, and charges for mooring, storage, and/or maintenance of the Vessel during Impoundment at the direction and reasonable discretion of the Police Chief. If the Vessel remains in Impound for a period of thirty (30) days without being claimed, the City may sell or destroy the Vessel pursuant to the provisions of the Harbors and Navigation Code.
D. All costs incurred by the City, including attorneys’ fees, for the removal, storage, and disposal of any Vessel, and any associated costs, pursuant to this Section and all applicable provisions of local, state, or federal law, may be recovered by the City from the owner of the Vessel through any appropriate legal action in a court of competent jurisdiction. (Ord. 2016-4 § 3, 2016.)