Morro Bay Municipal Code Ch. 15.52 Removal of Unsafe Vessels, Docks or Other Man-Made Floating Structures

Any slip, vessel or other watercraft which remains on the waters of the city in an unsafe or dilapidated condition for an uninterrupted period longer than one hundred days shall be subject to the conditions of Section 522 of the Harbors and Navigation Code and/or may be subject to Chapter 1.16 of the Morro Bay Municipal Code.

(Ord. 219 § 1, 1982)

From this point, the term "craft" will be used in place of the terms vessel, slip, boat, dock, barge or other man-made structure intended to support people on water.

(Ord. 219 § 2, 1982)

If any craft is found to be subject to the provisions of Harbors and Navigation Code Section 522 or Chapter 1.16 of the Morro Bay Municipal Code, in addition to the sanctions, remedies and other provisions provided in said sections, the owner of such craft shall forfeit all berthing privileges on the waters of Morro Bay. Notice of such forfeiture shall be included in the notices provided for under said Harbors and Navigation Code Section 522. No berthing privileges shall pass to any private party as a result of any sale or transfer under said Section 522.

(Ord. 219 § 3, 1982)

In the event a craft is deemed unsafe by the city, the chief harbor patrol officer shall promptly give notice to the owner by certified mail, return receipt requested. Any party claiming an interest in the craft shall have the right to request an immediate hearing before the harbor director on the question of whether or not the craft is unsafe. The owner may, within ten days, appeal the decision of the harbor director to the city council by a written notice filed with the city clerk requesting a hearing before the city council.

(Ord. 364 § 1 (part), 1989: Ord. 219 § 4, 1982)

As a method of determining whether or not the craft is in fact subject to Harbors and Navigation Code Section 522 or Chapter 1.16 of the Morro Bay Municipal Code, the following procedure will be followed:

A. The owner may agree that the subject craft is subject to said Section 522;

B. A current insurance policy, in the owner's name and describing the craft in question, stating coverage for the craft's obvious intended use may be provided;

C. A marine surveyor may be hired by the city to determine safety of the craft for its obvious intended use. If the determination is made that the craft is in fact unsafe, the cost of the survey will be charged to the craft's owner;

D. If the owner fails to either submit evidence or request a hearing to determine safety of the craft within ten days of notification by the city, then the harbor director shall have the right to proceed on the available evidence and determine the safety of the craft.

(Ord. 364 § 1 (part), 1989; Ord. 219 § 5, 1982)

A public hearing shall be held by the harbor director and the chief harbor patrol officer on the question of safety of the craft, and the assessment of the administrative costs and the cost of removal of the craft against the owner. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard. All public hearings under this chapter shall be heard before the harbor director or his delegate, who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the craft, its location, and the ownership of the craft. The harbor director shall not be limited by the technical rules of evidence.

(Ord. 364 § 1 (part), 1989; Ord. 219 § 6, 1982)

At the conclusion of the public hearing, the harbor director may take such action as deemed appropriate under the circumstances to carry out the purpose of this chapter. The director may delay the time for removal of the craft if circumstances so justify. The harbor director may find that the craft has been abandoned, or is unsafe, and order the same removed from public property as a public nuisance and disposed of as provided in Harbor and Navigation Code Section 522, and determine the administrative costs and the cost of removal and disposal to be charged against the owner of the craft. The order requiring removal shall include a description of the craft.

(Ord. 364 § 1 (part), 1989; Ord. 219 § 7, 1982)