HomeMy WebLinkAboutSS4 - Harbor Mooring Regulation ModificationsPORT CITY OF
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NEWPORT
CgCFORCP City Council Study Session Staff Report
February 28, 2017
Study Session Agenda Item No. SS4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Chris Miller, Harbor Resources Manager,
cmilier@newportbeachca.gov
PHONE: 949-644-3043
TITLE: Harbor Mooring Regulation Modifications
ABSTRACT:
At a special meeting on June 16, 2015, the City Council directed staff to return with a
Resolution setting the fair market value rent for onshore and offshore moorings
(completed in January 2016), and also return with various Municipal Code amendments
and administrative changes as recommended by the Harbor Commission. Staff will
review these changes with the City Council this afternoon before returning for final
consideration on March 14, 2017.
RECOMMENDATION:
Review the proposed Municipal Code changes and provide direction to staff.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The following changes to the Municipal Code represent City Council's direction to staff
based on the Harbor Commission's previous recommendations in 2015. (Attachment A
redline.) The Harbor Commission reviewed the final draft changes on February 8, 2017
and recommended a modification as mentioned in No. 3 below.
J , f
Draft Mooring Permits and Other Provisions: Review
February 28, 2017
Page 2
1. Annual Mooring Permit Rate: Completed January 2016.
2016 2017 (CPI)
Offshore Mooring $35 per foot, per year $35.43
Onshore Mooring $17.50 per foot, per year $17.71
2. Mooring Transfers: Unlimited transfers between private parties with a
maximum of one transfer per year.
3. Mooring Transfer Fee:
a. June 2015 Council direction: 10% of the fair market value mooring permit
transfer price.
b. February 2017 Harbor Commission recommendation: 75% of the annual
mooring permit fee. (This provides an accurate, uncontested transfer fee,
and also does not distort the required posted fair market value in No. 5
below.)
4. Up to Two Names on a Mooring Permit
5. Centralized Location for Posting Sold Moorings
a. Newport Mooring Association has volunteered to maintain a web listing of
the sold mooring prices. This will provide the public with fair market value
for the moorings.
6. Mooring Transfer Between Family or Trust: Allowed — no fee.
7. Maximum Number of Mooring Permits Allowed: Two going forward (post
adoption).
8. City Practice of Renting Moorings: Allowed.
9. Rental Fees: No change to current program.
10. Frequency of Billing Annual Mooring Permits: Staff will refine internal
procedure as needed. No need to codify.
11. Wait List: Abolish.
12. Mooring Revocation: If revoked, City may auction.
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Draft Mooring Permits and Other Provisions: Review
February 28, 2017
Page 3
13. Insurance Required: Yes.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Title 17 Moorings (redline)
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NBMC Title 17 Redline
NBMC Subsection 17.01.030(L)
1. Offshore Mooring. The term "offshore mooring" shall refer to a mooring that is
located bayward of the pierhead line and The term "OffohOFe FROGFORg" pis comprised
of „ter a single or double buoy, weight and chain installed for the purpose of berthing a
vessel as provided by Chapter 17.25 of the Newport Beach Municipal Code, or any
successor statute.
2. Onshore Mooring. The term "onshore mooring" or "shore mooring" shall refer to a
mooring for vessels which are located in the nearshore perimeter of the harbor and its
islands, perpendicular to the shoreline. One end of the mooring line is attached to a point
on or adiacent to the bulkhead, and the other end is attached to a single buoy, weight and
chain installed for the purpose of berthing a vessel as provided by Chapter 17.25 of the
Newport Beach Municipal Code, or anv successor statute.
32. Open Coastal Waters. The term "open coastal waters" shall mean the area
composed of submerged lands at extreme low water of spring tide extending seaward to
the boundaries of the Exclusive Economic Zone (12-200 miles). This includes navigation
channels, turning basins, vessel berthing, anchorage and mooring areas of Newport Bay.
3. Operable. The term "operable" shall mean capable of maneuvering under the
vessel's own power from the mooring to a demarcation line designated by the appropriate
authority and generally to be defined as the line between the seaward ends of the harbor
entrance jetties and back to the mooring.
4. Operator. The term "operator" shall mean the person who operates or who has
charge of the navigation or use of the vessel.
NBMC Subsection 17.01.030(0)(6)
6. Reserved..Sh„re Mooring The t here Mooring" shallcan a mooring far
vPqqizl
.-S wh!Gh a 8 110-G.-Ated in the Rearshere perimeter of the harbor and
NBMC Section 17.60.040
A. Permit Required. No person shall place, erect, construct, maintain, use or
tie to a mooring in the waters of Newport Harbor over City -owned or controlled tidelands
without first having obtained a mooring permit from the Harbor Resources Manager or
having otherwise complied with this section. A mooring permit is in the nature of license
for the temporary use of a specific location within the Newport Harbor. Any work deSGribed
and autherized in the permit must be GeMpleted within the time designated in the permit.
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B. Issuance of Permit—Conditions. The Harbor Resources Manager, in
furtherance of the tideland grants to the City, may issue a mooring permit or mooring sub -
permit to allow the mooring permittee or mooring sub -permittee to temporarily use a
portion of the waters of Newport Harbor for the mooring of a vessel. Upon the effective
date of this chapter, a mooring permittee may hold up to two (2) mooring permits at any
time. A mooring permittee that holds more than two (2) mooring permits prior to the
effective date of this chapter may continue to hold the mooring permits until the permits
are sold, revoked, or otherwise transferred under this chapter.
1. Exceptions.
a. The Balboa Yacht Club and the Newport Harbor Yacht Club (collectively,
"yacht clubs") currently hold permits for single point moorings placed within certain
mooring area boundaries established by the City, except as noted in subsection (13)(3)(f)
of this section. In addition, the Lido Isle Community Association ("LICA") has permits for
on -shore moorings on Lido Isle. These organizations shall hold their respective permits
under the yacht club, or respective organization name, for the moorings identified by
Harbor Resources as under their respective control at the time of enactment of the
ordinance codified in this section. The yacht clubs and LICA shall be solely responsible
for managing moorings under their control and shall be permitted to assign moorings
under their control to yacht club members and members of LICA, respectively. The yacht
clubs and LICA shall keep accurate records of the name and address of the club members
and community association members to which each mooring has been assigned. Mooring
records shall be made available for audit by the Harbor Resources Manager during
regular business hours upon request.
b. Mooring of a Tender. A vessel no longer than fourteen (14) feet in
overall length to serve as access to and from the assigned vessel, may be secured to the
assigned vessel or may be secured to the offshore mooring in the absence of the
assigned vessel. Notwithstanding the single vessel restriction, permitted live aboards
may secure up to two (2) vessels no longer than fourteen (14) feet in overall length to the
assianed vessel. to serve as access to and from the assianed live aboard vessel.
C. Multiple Vessel Mooring System Program. The Harbor Resources Manager
may approve multiple vessel mooring system in the mooring areas of Newport Harbor
Yacht Club and the Balboa Yacht Club. An application for a multiple vessel mooring
system shall be submitted in writing to the Harbor Resources Manager, who shall
evaluate the application based upon standards he or she shall have established.
2. Permit Requirements. Each mooring permit ,h-tl be issued for up to
two 2 pe natural person ("mooring permittees") who shall be individually and
collectively responsible for all activities related to the mooring permit. To the satisfaction
of the Harbor Resources Manager, the mooring permittees shall:
a. Identify on the permit the full legal name, current address es , current
telephone numbers and current e-mail address es , if one exists, of the mooring
permittee ;
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b. Agree to be responsible for permit fees, maintenance and repair of mooring
equipment;
C. The permit for joint ownership moorings shall provide that all parties shall
have equal rights under the permit and shall be held jointly responsible for compliance
with all rules. reaulations. and conditions set forth in the moorina aermit.
de. Grant permission to the City ^f Newport Roach to temporarily assign the
mooring to another vessel when it is unoccupied through the issuance of a mooring sub -
permit;
de. Agree to defend and indemnify the City of Newport BeaGh and any other
government entity with jurisdiction against any claims or losses arising out of, or related
to the use of, the mooring permit except where the claim or loss arises from the sub-
permittee's damage of the mooring, or out of the sele-negligence and/or sele-misconduct
of a person assigned the mooring as a mooring sub -permittee under subsections (G)
and/or (H) of this section;
fe. Provide proof of liability insurance on a vessel as may be determined by the
City's Risk Manager; a -ad
gf. Provide registration or other proof of controlling possessory right in the
assigned vessel, all to the satisfaction of the Harbor Resources Manager,-.
he. Agree to pay fair market value rent, as established by resolution of the City
Council, on a rent schedule established by the Harbor Resources Manager, which shall
be similar to the schedule used to collect rent from other tidelands users in Newport
Harbor; and
i -h. Agree that the mooring permit does not provide any ownership interest in
the underlying tidelands, which are held in trust by the City and owned by the people of
the State of California.
3. Permittee/Transferee Qualifications. A mooring permit may be held by, or
transferred to, only the following persons:
a. A natural persons holding title to an assigned vessel;
b. An executor or administrator carrying out the terms of a will or administering
a probated estate that holds a mooring permit, titre to an assigned „^��^�, but only for the
period of time prior to distribution of the estate;
C. An inter vivos trust, family trust, or other similar type of trust estate holding
a mooring permit, Wk-��^r,orJ �' so long as all trustors are natural persons
and the primary mooring permittee shall be the trustee of the trust;
d. An approved transferee whose vessel and/or mooring permit are subject to
any of the terms and conditions stated in subsection (E) of this section;
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e. A marine contractor or marine support service provider, holding a mooring
per mit title to an assigned „oused to provide current or ongoing harbor infrastructure
and marine or fishing services (such as maintenance and dredging)A as a ithnrized i ander
f. Balboa Island Yacht Club for the purposes of youth education in boating
and marine activities; Kerckhoff Marine Laboratories for the purpose of marine and
oceanographic research; and American Legion Post 291 for the purpose of serving
veterans and their families and supplying them with affordable access to boating and
harbor activities;
g. The Balboa Yacht Club, Newport Harbor Yacht Club and LIC (collectively
"yacht clubs") and the Lido Isle Community Association—only for those moorings
assigned by the City of Newpert Bea& within certain established mooring areas or
locations, prior to the enactment of this amended ordinance codified in this section. These
designated mooring areas may not be expanded. The boundaries of these mooring areas
are graphically depicted by National Oceanographic and Atmospheric Administration
("NOAA") Chart Number 18754. Yacht clubs shall be entitled to a maximum number of
moorings as can be accommodated in the mooring fields designated in NOAA Chart
Number 18754 and at a minimum the current number of moorings assigned to them as
of the effective date of the ordinance codified in this section.
C. Plans and Specifications Required. No mooring permit shall be issued for
placing, erecting, constructing or maintaining a mooring or buoy unless such mooring or
buoy is constructed:
1. In accordance with standard plans and specifications approved by the
Harbor Resources Manager and at a location approved by the Harbor Resources
Manager; or
2. In accordance with other plans and specifications for such mooring or buoy
which have been submitted by the applicant, showing the construction of such proposed
mooring or buoy together with the location thereof, and which meet the requirements
established in this chapter and which have been approved by the Harbor Resources
Manager.
D. Late Fees. A ten percent (10%) malate charge, or the maxim, im rote
shall be added to all payments due but not received by City
by the due date. Unpaid Gees. When the permittee is in arrears for a peried of ninety (90-)
days er more, the Harbor ReseurGes Manager may, at his or her disGretien, revoke t
permit upon five days' written netiGe to the permittee by fiFSt Glass mail te the address
shown OR the permit. if the meering is net rerneved by the permittee within thirty (30) days
afteF GanGellation of the permit, then it shall be deemed abandoned and the title thereto
shall vest OR the City. MeOFiRg permittee may apply for reimbursement for the value of tl4e
mnnrinn epi iipment pursuant to si bseGtinn (M) of this sentinn
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E. Transfer of Permit. No mooring permittee shall transfer a permit for a
mooring or buoy granted under the provisions of this chapter, except:
1. When transferred from a natural person to another member of his or her
immediate family along with the assigned vessel, which shall be defined for the purposes
of this section as the mooring permittee's spouse and heirs at law to the second degree
of consanguinity; or I
�rhe`�'cR a--rRaatural peFSO`�'R has takerrtitIe to an assigRed vessel already e
the iRterest lost URder subseGtOOR (M) of this 0
fees, or that traRsferee may, UPOR request
to availability for up to the SOX &),:MGRths. After SiX &JnORths, the Harbor ReseurGes.
MaRager er his or her deSigRee shall d*reGt that the vessel be Moved eff the j
2.-3-. When transferred to a natural person(s) for the fair market value of the
mooring permit, —.Aa mooring permit may be transferred under this subsection up to one
(1) time in anv twelve (12) month period.
In GaseS ROt refleGted in si bseGtieRS (E)(1 ) and (2) of this seGtieR a meGFORg
permit may be transfeFred PriGF to jaRuary 1, 2021, up to two tomes if the meering
o or has seld er e
eWRership of the
assigned vessel and does not iRtend to replaGe the assigRed vessel with aRether vessel
nen Red by MGeriRg permittee
F. Procedures for Transfers. Permits shall not be transferred without the prior
written approval of the Harbor Resources Manager. The Harbor Resources Manager shall
approve the transfer of a mooring permit under the procedures set out below:
1. The mooring permittee (or, if the permittee is deceased or incapacitated,
the transferee) shall submit to the Harbor Resources Manager:
a. A completed mooring transfer form (on the form provided by the Harbor
Resources Manager); and
b. Documentation that the proposed new mooring permittee (transferee)
qualifies as a mooring permittee under subsection (13)(3) of this section.
2. If transferee intends to purchase an assigned vessel but does not have title
on the assigned vessel owned by the mooring permittee and transferor at the time of
transfer, then:
a. Within sixty (60) days of a transfer, transferee shall submit to Harbor
Resources Manager a copy of a California Department of Motor Vehicles registration or
other current registration (or in lieu thereof, U.S. Coast Guard documentation of
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ownership) documenting transferee's ownership of the assigned vessel or, in the case of
an on-shore mooring, a photograph of the assigned vessel if it is not subject to vessel
registration laws; or
b. If such documentation is not received by the Harbor Resources Manager
within the sixty (60) day period, then the vessel onf the mooring may be impounded, the
mooring may be deemed vacant and may be assigned pursuant to subsections (G) and
(H) of this section. If the dnni imontatien is net reGeiye d within an ad ditinnol sixty (60) days
the meer!Rg shall Fevert baGk tO the Gity fer allGtOGRassogRMeRt through the iRterest list as-
sot a it in si bsontien (M) of this sonti�n
3. If transferee intends to moor a vessel other than the assigned vessel and
does not have title to the vessel that will be moored at the time of transfer, then:
a. Within sixty (60) days of an approved transfer, the transferee shall notify
Harbor Resources Manager that the assigned vessel has been removed from the mooring
and before a new vessel may be placed on the mooring shall submit to Harbor Resources
Manager a copy of a California Department of Motor Vehicles registration or other current
registration (or in lieu thereof, U.S. Coast Guard documentation of ownership)
documenting transferee's ownership of the new assigned vessel, or in the case of a shore
mooring, a photograph of the new assigned vessel if it is not subject to vessel registration
laws; or
b. If the documentation is not received within sixty (60) days of a transfer, the
mooring may be deemed vacant and may be assigned pursuant to subsections (G) and
(H) of this section. The mooring may remain vacant until such time the permittee notifies
the Harbor Resources Manager of their intent to assign their vessel to the mooring_ff4he
OIOGYMeRtatiOR *6 RGt FeGelved withiR aR additiGRal sixty (60) days, the mOE)F!Rg Shall FeVeFt
baGk to the City for allGtOGRassognmeRt through the iRterest lost as set out on subseGtien
(M) of this sentien
4. The transfer request shall be denied unless mooring permit rent, including
late payment fees, are isfees are paid current; required mooring inspections are current;
required maintenance and repairs are complete and there are no derelict or unauthorized
vessel(s) on the mooring.
5. The mooring permittee and transferee shall provide a written agreement to
defend and indemnify the City of Newport Beach in any dispute with a third party over
transferee's right to be the mooring permittee or in any dispute with a third party over the
mooring permittee's right to transfer the permit.
6. Transfer Approval. Upon confirmation of compliance with this subsection,
the Harbor Resources Manager must find all of the following conditions to approve the
transfer of a mooring permit:
a. The mooring permittee no longer owns the assigned vessel or has retained
ownership of the assigned vessel and has permanently vacated the mooring;
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b. The ononifin McOrinn IeGatiOR has net boon nreyie sly transferred mere than
DeEef ber 31,2020i
b. c—. The transferee has met all the qualifications and conditions for issuance of
a permit in subsection (B) of this section; and..
C. The transferor has accuratelv listed the transfer Drice of the moorina Dermit
on a publicly available website hosted by the City, or on a third -party's website under
contract with the City to host information regarding mooring permit transfers; and
d. The transferor or transferee has paid to the City the required transfer fee.
7. The Harbor Resources Manager may approve a one-for-one exchange of
moorings between two mooring permittees, subject to compliance with this subsection
without any transfer fee imposed by the City.
8. The Harbor Resources Manager may approve the changing of an assigned
vessel on the permit, subject to the requirements of subsection (B) of this section, without
any transfer fee imposed by the City.
G. City's Authority to Assign Moorings through Use of Sub -Permits. With the
exception of the Balboa Yacht Club, the Newport Harbor Yacht Club, and the Lido Isle
Community Association's designated moorings, mooring permittee may not rent, assign,
or transfer the use of the mooring to any other person. With the exception of moorings
issued to mooring permittees described in subsection (B)(3)(e) of this section, City shall
have the authority to assign vacant moorings to sub -permittees pursuant to the following
provisions:
1. Deemed Vacant Moorings. City may assign deemed vacant moorings
through the issuance of IGRm sub -permits at its own discretion. for any peried ef time
'gip to one Ll ` year LeRg-term -sSub-permits may be renewed upon availability. The
mooring permittee may reclaim its mooring upon three3 tk„r+439) days prior written
notice to City of its intent to return the assigned vessel to the mooring.
A "deemed vacant mooring" shall be defined as a mooring upon which:
a. An assigned vessel has not been attached for thirty (30) consecutive days
or more; or
b. A vessel, other than an assigned vessel, has been attached for thirty (30)
days or more; or
C. Required documentation for an assigned vessel has not been provided for
a transfer request pursuant to subsection (E) of this section.
2. Noticed Vacant Moorings. City may assign noticed vacant moorings at its
own discretion through the issuance of a mooring sub -permit for any period of time, either
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IGRg or short-term, up to the reoccupation date on mooring permittee's written notice, or
the twenty-four (24) hour written notice per subsection (G)(2)(b) of this section. If the
mooring continues to be vacant for thirty (30) days past the reoccupation date indicated
on mooring permittee's notice, and there is no further written notice from mooring
permittee, the mooring shall become a deemed vacant mooring.
a. Mooring permittee may provide written notice to City of its intent to vacate
its mooring for fifteen (15) days or more. These moorings shall be "noticed vacant
moorings." Written notice shall include the date the mooring permittee intends to vacate
his/her mooring, and the date he/she intends to reoccupy the mooring with the assigned
vessel.
b. If mooring permittee provides written notice, the mooring permittee may
reclaim the assigned mooring on the reoccupation date indicated in his/her written notice
or, if the mooring permittee returns prior to or after the reoccupation date, upon twenty-
four (24) hours' written notice to the City.
H. Procedures for Mooring Sub -Permit Issuance. Any natural person wishing
to use a mooring pursuant to the issuance of a sub -permit must enter into a written
mooring sub -permit agreement with the Harbor Resources Department that includes the
following:
1. A written representation of the current gross vessel lengthwelg#t which shall
be satisfactory to the Harbor Resources Manager.
2. An agreement to be responsible for any damage to mooring equipment;; to
defend and indemnify the City of Newport Beach and the mooring permittee against any
claims or losses arising out of, or related to, the mooring rental -mat to requires the
.15
mooring sub -permittee to -provide proof of insurance as may be determined by the Cites
Risk Manager; ',;ability and marine pollution insu,R�to require registration or other
proof of ownership.., and to require an equipment damage deposit, all to the satisfaction
of the Harbor Resources Manager.
3. The repair of any damage to the mooring equipment shall be paid by the
mooring sub -permittee. If the mooring is damaged by a vessel assigned by the City, or
the City's agent, the City will arrange for the repair of the mooring with a qualified vendor
and provide notice to the permittee of the occurrence and the arranged repair date.
Should the sub -permittee fail to pay for the damage for any reason, the City will pay for
the required repairs to the mooring, and then seek reimbursement from the sub -permittee.
Also, the City will make available a mooring without charge for the returning vessel of the
mooring permittee until such time their permitted mooring is repaired.
4. Mooring sub -permittees shall provide approved mooring lines which shall
be removed at the end of the rental period.
5. A mooring sub -permit agreement may be up to fifteen (15) days and may
terminate at any time for any reason, and may bets renewedable based on availability.
Upon return of the assigned vessel to the mooring, the -Harbor Resources Department
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will attempt to reassign the sub -permittee to another mooring. Mooring sub -permittees
have no right of renewal or substitute moorings upon return of the assigned vessel, or
upon termination of a mooring sub -permit agreement for any reason. Mooring sub -
permittees accept an indefinite term at their own risk.
6. The mooring sub -permit rentfee will be based on a rate established by the
Newport Beach City Council and delineated in the master fee SGhe l„I�a�,eresel„+,�.
7. Love_ahoards are Ret perTmTitted on meeriRgS subjccttolrrvrRg term moeriRg
sub permits. Live-aboards may be temporarily permitted to sub -permittees
suhieGt +e short term sub perpending vessel inspection, for a period not to exceed
fifteen (15) days in any twelve (12) month period. and suibsequ r,+ re_insPention Per eanh
short term sub permit reRewal
lost,9-. Meering sub permits that are available fer thirty (30) days or FneFe shall be
first offered to persORS eR the iRterest
interest lis+
mzcrc�rTr.�r.
89.4-0: Mooring sub -permits that are available for less than o thirty (30) day period
shall be offered to the public on a first-come, first -serve basis.
10 14s Subject to the Harbor Resources Manager's approval, Aa mooring
may be loaned free of charge by the mooring permittee to a vessel other than the
assigned vessel for no more than thirty (30) consecutive days; provided, that:
a. The mooring permittee provides the Harbor Resources Manager with
written notice identifying the vessel that will use the mooring;
b. The mooring permittee has not loaned the mooring for more than sixty (60)
days in the twelve (12) month period that immediately precedes the commencement of
the current mooring loan; and
C. The vessel owner requesting a loan has not previously been the recipient
of loans for more than ninety (90) days in the previous twelve (12) months.
MeeriRg Interest List
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127-1 r1:♦.'
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Id. Mooring Permit Transfer Charge. The City shall charge the mooring
permittee for the right to transfer a mooring permit under subsection (E) of this section in
an amount equal to ten(10)fMy4W percent of the fair market value mooring permit
transfer price.aRRUal-permit fee as determi ed by the master fee SGhed le. A mooring
permit transfer charge shall not be required if:
1. The transfer is from the mooring permittee to the same mooring permittee
as trustor of an inter vivos trust, living trust or other similar estate planning tool; or
2. The transfer is made under subsections (F)(7) and (8) of this section.
3. The transfer is made aursuant to Subsection (E)(1) of this section.
K. Surrendered Mooring Equipment. If the mooring permittee sells, transfers,
or otherwise no longer owns the assigned vessel and does not intend to apply for, or does
not receive, approval to transfer the permit to another, the permittee may provide written
notice to the -Harbor Resources Department of his or her intent to surrender the mooring
permit; otherwise the provisions of subsection (G) of this section regarding a vacant
mooring shall apply.
Once a mooring permit is surrendered, the mooring permittee shall remove the
assigned vessel and/or the mooring equipment thirty (30) days after written notice of
surrender of the permit, or, upon failure to remove the mooring equipment, title shall vest
in the City and the City shall compensate mooring permittee the fair value for the mooring
equipment, less fees owed, as provided in subsection (M) of this section.
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L. Revocation of Permit.
1. Grounds for Revocation. A mooring permit or sub -permit may be revoked
upon any of the following grounds set forth in Section 17.70.020 or for any of the following:
a. The moored vessel or the mooring equipment has been determined to
violate the applicable mooring regulations in Section 17.25.020, and the mooring
permittee or sub -permittee has not made the necessary corrections or repairs within the
time required;
b. The mooring permittee or sub -permittee has failed or refused to allow an
inspection of the vessel to determine if it is seaworthy and operable, a public nuisance or
in compliance with applicable marine sanitation device requirements;
C. Living aboard a vessel assigned to a mooring without a live -aboard permit
unless otherwise noted in subsection (G) of this section
d. —When the mooring permittee or sub -permittee fails to pay any mooring
rent or fee when due and is in arrears for a period of ninety (90) days or more;.. or
e. When the mooring permittee has sublet their mooring in violation of this Title
17.
2. Notice and Hearing. In the event the Harbor Resources Manager
determines there are grounds to revoke a permit issued pursuant to this chapter, the
Harbor Resources Manager shall proceed in the manner described by Section 17.70.020.
3. Upon revocation, it shall be the duty of the mooring permittee to immediately
remove the mooring equipment and any moored vessel. If not removed within thirty (30)
days of revocation of the permit, the mooring equipment shall vest in the City and may be
auctioned by the City to another person or may be removed by the Harbor Resources
Manager and the cost of mooring equipment removal shall be paid by the mooring
permittee. Any moored vessel or equipment not removed within thirty (30) days may be
impounded by the City and disposed of in the manner provided by law. City incurred costs
of removal of mooring equipment or any vessel moored thereto may be charged against
the permittee and collected in any court of competent jurisdiction or recovered by the City
from the proceeds of sale of the vessel or mooring equipment.
4. During any revocation proceeding under this subsection (L), if the mooring
is unoccupied, it may be temporarily assigned as a mooring for guest vessels by the
Harbor Resources Manager.
M. Moorings Reverting Back to City. Should a mooring revert back to the City
for any reason, whether through abandonment, surrender, failure to provide documents
pursuant to subsection ( E-) of this section, or for any other reason, the following shall
apply:
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1. The mooring permittee shall be entitled to recover all of mooring permittee's
mooring equipment within thirty (30) days of reversion.
2. If mooring permittee does not recover his or her mooring equipment,
mooring permittee shall be entitled to payment from the City of the fair value of the
mooring equipment as depreciated by use in an amount to be determined by the Harbor
Resources Manager and as set in the City's master fee resolution, after any and all past
due rent and fee, if applicable, have been satisfied.
3. The mooring maysha4 be publicly auctioned by the City, or the City's
designated representative. assigned to an individual from the interest lost pursua �
suhoentien (1) of this SGGtinn, or the mooring may be used for other City purposes
4-. Ne mnnring that reverts to the City for assignment n# of the interest list Gr
s
by any ether appropriate
e
mooring Permittee whatseeyer.
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