A private moorage facility operator may impound a vessel moored or stored within the private moorage facility so that the vessel cannot be removed from the facility if the vessel's owner fails to pay moorage fees after being notified that such fees are due.
At the time of impounding the vessel, the private moorage facility operator must attach to the vessel a notice providing certain information, including that, if the account is not paid in full within 90 days from the time the notice is attached, the vessel may be sold at public auction to satisfy the charges.
Before the vessel is sold, any person seeking to redeem an impounded vessel may commence a lawsuit in the superior court for the county in which the vessel was impounded to contest the validity of the impoundment or the amount of charges owing. This lawsuit must be commenced within 60 days of the date the notice was provided by the moorage facility.
Before the vessel is sold, notice of the sale must be published at least once, more than 10 but not more than 20 days before the sale, in a newspaper of general circulation in the county in which the moorage facility is located. This notice must 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 amount of notice that a private moorage operator must provide to a vessel owner before a vessel may be sold for failure to pay moorage fees is changed from 90 days to 45 days.
The period of time in which a person may initiate a lawsuit to contest the validity of the impoundment of the vessel or the amount of charges owing is changed from 60 days to 40 days.
The requirement to publish notice in a newspaper before a private moorage operator may sell an abandoned vessel for failure to pay moorage fees is removed.
House | 97 | 0 | |
Senate | 48 | 0 |
June 6, 2024