Z-0970.3  _______________________________________________

 

                         SENATE BILL 6000

          _______________________________________________

 

State of Washington      53rd Legislature     1994 Regular Session

 

By Senators Fraser, Talmadge, Winsley and Oke; by request of Parks and Recreation Commission

 

Read first time 01/10/94.  Referred to Committee on Ecology & Parks.

 

Authorizing public agencies to secure abandoned vessels at public facilities.



    AN ACT Relating to abandoned vessels; amending RCW 63.21.080; adding a new chapter to Title 88 RCW; and repealing RCW 88.12.185, 88.12.195, 88.12.205, 88.12.215, 88.12.218, 88.12.225, and 88.12.370.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Charges" means charges of a public agency for moorage and storage, and all other charges owing to or that become owing to the public agency, including but not limited to costs of securing or removing vessels, damages, and any costs of sale and related legal expenses for implementing section 2 of this act.

    (2) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

    (3) "Person" means any natural person, firm, partnership, corporation, association, organization, unit of state or local government, or any other legal entity.

    (4) "Public agency" means any agency or instrumentality of the state, federal, or local government that owns, leases, operates, manages, or otherwise controls a public agency facility.

    (5) "Public agency facility" means any property or facility owned, leased, operated, managed, or otherwise controlled by a public agency or by a person pursuant to a contract with a public agency.

    (6) "Secured vessel" means any vessel that has been secured by a public agency that remains in the public agency's possession and control.

    (7) "Unauthorized vessel" means a vessel using a public agency facility of any type whose owner has not paid the required moorage fees or has left the vessel beyond the posted time limits, or a vessel otherwise present without permission of the public agency.

    (8) "Vessel" means every watercraft or part thereof constructed, used, or capable of being used as a means of transportation on the water.

 

    NEW SECTION.  Sec. 2.  (1) Any public agency may take reasonable measures, including but not limited to the use of anchors, chains, ropes, and locks, or removal from the water, to secure unauthorized vessels located at or on the public agency's facility so that the unauthorized vessels are in the possession and control of the public agency.  At least ten days before securing any unauthorized vessel, the public agency shall send notification by registered mail to the last registered owner of the vessel at the last known address.  In the case of an unauthorized vessel where no registration numbers are visible, the public agency need not give notice before securing the vessel.  At the time of securing the vessel, a public agency shall attach to the vessel a readily visible notice or shall post such notice in a conspicuous location at the public agency facility in the event the vessel is removed from the premises.  The notice shall be of a reasonable size and shall contain the following information:

    (a) The date and time the notice was attached;

    (b) A statement that if the vessel is not removed within thirty days it will be sold at public auction to satisfy the charges; and

    (c) The address and telephone number where additional information may be obtained concerning the storage of the vessel and conditions for its release.

    (2) A public agency may take reasonable measures, including but not limited to the use of anchors, chains, ropes, locks, or removal from the water, to secure any vessel if the vessel, in the opinion of the public agency, is a nuisance, is in danger of sinking or creating other damage, or is otherwise a threat to the health, safety, or welfare of the public, the environment, or the public agency facility.  The costs of any such procedure shall be paid by the vessel's owner.  At the time of securing any vessel under this subsection, the public agency shall attach to the vessel or otherwise post a readily visible notice in the manner and containing the information required for securing unauthorized vessels under subsection (1) of this section.

    (3) After a vessel is secured under subsection (1) or (2) of this section, a public agency shall make a reasonable effort to notify the last registered owner by registered mail in order to give the owner the information contained in the notice.

    (4) If a vessel is secured under subsection (1) or (2) of this section, the owner who is obligated to the public agency for charges may regain possession of the vessel by:

    (a) Making arrangements satisfactory to the public agency for the immediate removal of the vessel from the public agency's control or for authorized storage or moorage; and

    (b) Making payment to the public agency of all charges.  If the owner fails to make payment of all charges, the public agency may bring an action in any court of competent jurisdiction, which shall award the agency as much of the charges as necessary to satisfy costs incurred by the public agency under this chapter, plus reasonable attorneys' fees and costs incurred by the public agency.

    (5) A vessel that is not claimed within thirty days of the date notification was posted under subsection (1) or (2) of this section is abandoned.  A vessel abandoned at a public agency facility may, in the discretion of a public agency, be disposed of by public sale of the vessel by authorized personnel to the highest and best bidder for cash as follows:

    (a) Before the vessel is sold, the vessel owner shall be given at least twenty days' notice of the sale in the manner set forth in subsection (1) of this section if the name and address of the owner is known.  The notice shall contain the time and place of the sale, a reasonable description of the vessel to be sold, and the amount of charges then owing with respect to the vessel.  A notice of sale shall be published at least once, more than ten but not more than twenty days before the sale, in a newspaper of general circulation in the county in which the public agency facility is located.  This notice shall include the name of the vessel, if any, the last known owner and address, and a reasonable description of the vessel to be sold.  The public agency may bid all or part of its charges at the sale and may become a purchaser at the sale.

    (b) Before the vessel is sold, any person seeking to redeem a secured vessel under this section may commence a lawsuit in the superior court for the county in which the vessel was secured to contest the public agency's decision to secure the vessel or the amount of charges owing.  This lawsuit shall be commenced within fifteen days of the date the notification was posted under subsection (1) or (2) of this section, or the right to a hearing is deemed waived and the owner is liable for any charges owing the public agency.  In the event of litigation, the prevailing party is entitled to reasonable attorneys' fees and costs.

    (c) The proceeds of a sale under this section shall be applied first to the payment of charges.  The balance, if any, shall be paid to the owner.  If the owner cannot in the exercise of due diligence be located by the public agency within one year of the date of the sale, the excess funds from the sale shall revert to the department of revenue under chapter 63.29 RCW.  If the sale is for a sum less than the applicable charges, the public agency is entitled to assert a claim for the deficiency.

    (d) In the event no one purchases the vessel at a sale, or a vessel is not removed from the public agency facility or other arrangements are not made within ten days of sale, the public agency may proceed to otherwise properly dispose of the vessel, and may assert a claim against the owner for any costs incurred thereby.

 

    Sec. 3.  RCW 63.21.080 and 1985 c 7 s 125 are each amended to read as follows:

    This chapter shall not apply to:

    (1) Motor vehicles under chapter 46.52 RCW;

    (2) Unclaimed property in the hands of a bailee under chapter 63.24 RCW; ((and))

    (3) Uniform disposition of unclaimed property under chapter 63.29 RCW; and

    (4) Secured vessels under chapter 88.‑- RCW (sections 1 and 2 of this act).

 

    NEW SECTION.  Sec. 4.  The following acts or parts of acts are each repealed:

    (1) RCW 88.12.185 and 1993 c 244 s 19, Code 1881 s 3242, & 1854 p 386 s 1;

    (2) RCW 88.12.195 and 1993 c 244 s 20, Code 1881 s 3243, & 1854 p 386 s 2;

    (3) RCW 88.12.205 and 1993 c 244 s 21, Code 1881 s 3244, & 1854 p 386 s 3;

    (4) RCW 88.12.215 and 1993 c 244 s 22, Code 1881 s 3245, & 1854 p 386 s 4;

    (5) RCW 88.12.218 and 1993 c 244 s 23, 1987 c 202 s 248, Code 1881 s 3246, & 1854 p 386 s 5;

    (6) RCW 88.12.225 and 1993 c 244 s 25, 1987 c 202 s 249, Code 1881 s 3247, & 1854 p 387 s 7; and

    (7) RCW 88.12.370 and 1989 c 393 s 2.

 

    NEW SECTION.  Sec. 5.  Sections 1 and 2 of this act shall constitute a new chapter in Title 88 RCW.

 

    NEW SECTION.  Sec. 6.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 


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