11.05.040 Marine Debris.
A. Notwithstanding any other provision of the Belvedere Municipal Code, or any and all other laws, the City may remove and dispose of Marine Debris that is sunk, partially sunk, or beached in or on Belvedere Waters within 10 days of giving notice of such action upon the following conditions:
1. The Marine Debris has no value or a value that does not exceed the cost of removal and disposal;
2. The City give notice that the Marine Debris shall be removed within 10 days if not claimed or removed, either by attaching such notice to the Marine Debris, or mailing notice first-class mail to the owner’s address of record if there is discernible identifying information on the Marine Debris. Said notice shall include the City’s address and telephone number.
B. The costs incurred by the City for the removal and disposal of the Marine Debris pursuant to this Section, including attorney’s fees, may be recovered from the owner or the person/entity who placed the Marine Debris in the public waterway or beach land, through any appropriate legal action in the courts of California.
C. The City may immediately remove and dispose of Marine Debris that constitutes a public nuisance or a danger to navigation, health, safety, or the environment, unless the Marine Debris is whole and the owner of the Marine Debris is identifiable, in which case the Marine Debris shall be stored for ten (10) days to permit notification of the owner, if possible. If the owner is not immediately identifiable, the Marine Debris may be immediately destroyed or otherwise disposed of.
D. The owner of any Marine Debris stored by the City may recover the Marine Debris upon payment of all cost incurred for the removal and storage of the Marine Debris. (Ord. 2016-4 § 3, 2016.)