Belvedere Municipal Code Ch. 11.05 Permit Requirements, Remedies for Marine Debris, and Abandoned Or…

PERMIT REQUIREMENTS, REMEDIES FOR MARINE DEBRIS, AND ABANDONED OR DERELICT VESSELS

Sections:

• 11.05.010 Permit.

• 11.05.020 Immediate Impound of Vessels posing hazard. 11.05.030 Disposal and sale of Abandoned Property.

• 11.05.040 Marine Debris. 11.05.050 Liveaboards prohibited in Belvedere Waters.

• A. Permit required.

  1. It shall be unlawful for any Vessel to Moor, Anchor, berth, store, or otherwise be present in Belvedere Waters for a period of more than ten (10) consecutive hours without (1) a valid permit to do so from the City; and (2) having paid all applicable fees established by City Council resolution (“Permit”). The Permit must be displayed on the Vessel at a location that is visible from the outside of the Vessel at all times.

  2. Permits may be obtained at the City Police Department after payment of a permit fee as established by City Council resolution. Each Permit shall be valid for a period of seventy-two (72) hours. Any Permit that is in arrears is invalid.

  3. The Police Chief in his or her discretion may issue a Permit in the following circumstances:

     • a. as necessary for temporary events associated with the San Francisco Yacht Club or Corinthian Yacht Club.

     • b. for Belvedere residents who require temporary anchorage; or

     • c. for guests of Belvedere residents who require temporary anchorage.

  4. Vessels are allowed to Moor, Anchor, or otherwise be present in Belvedere Waters for a period of up to ten (10) consecutive hours without a Permit.

• B. Penalty.

  1. The owner of a Vessel in violation of this Section shall pay to the City a penalty of five hundred dollars ($500) (“Penalty”) for each and every day the Vessel does not have a valid Permit. Each day constitutes a separate violation.

  2. For Vessels in violation of this Section, the City shall issue a Penalty notice (“Penalty Notice”) by affixing a notice to the Vessel detailing the violation and Penalty owed to the City. The City shall also mail the Penalty Notice to the address of the Vessel’s last owner of record on file with the Department of Motor Vehicles by first class mail, in cases where the Vessel has a discernible registration number.

3. The Penalty Notice shall state the address and telephone number of the City, and contain information regarding how to pay the Penalty and appeal the Penalty if desired. The Penalty Notice shall state that the Vessel is subject to Impound within seventy-two (72) hours from the time of posting the Penalty Notice if a Permit is not obtained or the Vessel removed.

C. Impound. The City may Impound a Vessel that remains in Belvedere Waters without a Permit after seventy two (72) hours after the Vessel has been posted with a Penalty Notice. To Impound any Vessel, the City may relocate or secure the Vessel until such time as all fees or charges are paid in full, 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. Public Nuisance. A Vessel that is Moored, Anchored, or otherwise present in Belvedere Waters in violations of this Chapter shall constitute a public nuisance.

E. Costs Recoverable. All costs incurred by the City, including attorneys’ fees, for the enforcement and prosecution of this Section, and 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.)

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.)

A. The City may dispose of or sell Abandoned Property within Belvedere Waters if left unclaimed for thirty (30) days after posting notice on the Abandoned Property.

B. Notice pursuant to this Section shall be affixed to the Vessel and mailed to the owner’s address of record if there is discernible identifying information on the Vessel. Notice shall contain a statement 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. All costs incurred by the City, including attorneys’ fees, for the enforcement and prosecution of this Section, 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.)

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.)

Liveaboards are prohibited in Belvedere Waters notwithstanding a valid Permit. (Ord. 2016-4 § 3, 2016.)