6.20.020 Harbormaster authority.
A. The Harbormaster, acting under the orders and jurisdiction of the Waterfront Manager, the Director of Parks and Waterfront, and as designated by and subject to the authority of the City Manager and City Council, shall have full authority to interpret and enforce this chapter, and to recommend consistent regulations affecting marina operations. All orders and instructions given by him/her in the performance of their duties shall be complied with pursuant to this chapter.
B. Every vessel entering the marina shall immediately become subject to this chapter and to the order and direction of the Harbormaster. The Harbormaster has the authority to enter upon any vessel in the marina when necessary in the performance of their duties.
C. Vessels may berth in the marina only with the permission of the Harbormaster. The Harbormaster shall have the authority to designate the berth in which any vessel shall be kept, and reserves the right to require a vessel to be moved from one berth to another berth within the marina, after giving 72 hour notice of such required move.
D. If a vessel is not moved after notice in compliance with subsection C of this section, it may be moved by the Harbormaster and a reasonable towing fee charged. Vessels may be moved without prior notification, if necessary for operational efficiency, benefit to permittees in the marina, or when berthing fees are delinquent.
E. The Harbormaster has the right to refuse the application for use of the marina by and/or cancel a berthing permit for derelict vessels, vessels in need of major overhaul and vessels not in operational order as intended by design. The Harbormaster may require that vessels be inspected to determine whether they are operable and seaworthy.
1. If a vessel owner or operator disputes the Harbormaster’s denial of a berthing permit on the basis of a determination that a vessel is not seaworthy, the owner or operator may provide a current vessel survey certified by a professional marine surveyor or perform a sea trial consisting of maneuvering the vessel to a distance of 3,000 feet west and back to the vessel’s berth. Such survey must be provided or sea trial conducted within ten days of notification of unseaworthiness by the Harbormaster.
F. Remedial Actions.
1. In addition to any other rights and remedies available to the City by law, when any vessel occupies any space in the Marina without authorization for use of that space (i.e. berth), for any length of time, the Harbormaster, or other City representative where designated by the City Manager, is authorized to move (including without limitation by towing); impound (including without limitation by securing, chaining, locking, storing, restricting access to or use of, or removing) such vessel; and/or take any other reasonable remedial actions with respect to the vessel to protect the City’s interests. Circumstances in which such remedial actions may be taken include without limitation where no application has been submitted, an application has not yet been approved or has been denied, a permit has expired (for example, a temporary or visitor permit) or been cancelled, and/or where berthing fees are delinquent.
2. The Council may adopt fees for such remedial actions by resolution. Any such fees shall be immediately due and payable upon notice thereof. Unpaid fees of any kind relating to the berthing of a vessel at the Marina (including without limitation berthing fees and fees for remedial actions) shall constitute a lien upon the vessel in favor of the City enforceable by a lien sale of the vessel, as well as a debt personally enforceable against the responsible party, and shall trigger the additional administrative fee provided in subsection C of Section 6.20.040. Where any such fees are unpaid, the City may enforce its right through any and all appropriate means, including without limitation court action, judicial or non-judicial sale of the vessel at auction, and/or proceedings under the Boaters Lien Law of the California Harbors & Navigation Code (H.&N.C. § 500, et seq., as amended from time to time) and/or, where applicable, federal maritime law. Until any unpaid fees are paid in full, or the vessel incurring such fees is released by the Harbormaster, no person shall have such vessel removed from the Marina, and the Harbormaster is authorized to take any reasonable action necessary to prevent the vessel’s removal. (Ord. 6925-NS § 1 (part), 2006: Ord. 6645-NS § 1, 2001)