(A)
Prohibitions:
(1)
It shall be unlawful for an owner or person in charge of a vessel to permit the vessel to remain in the waters within 1,500 feet of village shorelines if the vessel is unseaworthy, swamped, sunk, wrecked, derelict, abandoned, contains unsecure deck cargo, or is in such condition so as to cause immediate and/or serious danger to the health, safety or welfare of the public or to property.
(2)
It shall be unlawful for an owner or person in charge of a vessel to permit an unseaworthy, swamped, derelict and/or abandoned vessel to be washed ashore and remain thereat.
(B)
Notice of removal. The Department of Maritime Services shall issue a notice of removal to the owner directing the owner to remove such vessel within seven (7) days of the date on the notice. The notice of removal shall be mailed by certified or registered mail, return receipt requested, and by regular mail upon the last registered or known owner of the vessel. The Department shall make a reasonable search for the name and address of the vessel owner by checking with the jurisdiction which issued the vessel's registration number, if one is affixed, and if no registration number is affixed, with the New York State Department of Motor Vehicles or such other sources as the Department may deem advisable. If the owner cannot be determined after a search, notice of removal shall be posted in the official board of the Huntington Town Clerk and posted on or near the vessel for seven (7) days
(C)
Contents of Notice. The notice of removal shall inform the owner that if the vessel is not removed from its location within seven (7) days of the date on the notice, in addition to the penalties provided in this chapter, the vessel will be removed and impounded by the Department at the owner's expense. Such notice shall contain the address and telephone number of the Department, a description of the vessel, its location, condition, and if available, its name, registration number and contents.
(D)
Notification to agencies. On the date notification to the owner is given as set forth in § 137-57(B), the Department shall notify the Suffolk County Marine Bureau and the Suffolk County Sheriffs Office in writing that said vessel is unseaworthy, swamped, sunk, derelict and/or abandoned and offering possession of said vessel to either agency should the owner not claim the vessel or remove same within said seven (7) day period. Said notice shall include a statement as to whether or not the owner is known, and if known, the name and last known address of the owner. In all instances, a copy of the notice of removal served pursuant to § 137-57(B) shall accompany the notification to the agencies.
(E)
Impound of vessel. In the event the vessel is not removed by the owner at the expiration of the requisite period, and neither the Suffolk County Marine Bureau nor the Suffolk County Sheriffs Office has responded or has agreed to take possession of the vessel within such period, the Department shall remove and impound the vessel and photograph same. Once the vessel is impounded, the owner shall be given notice that such vessel has been impounded and is in the custody of the Department, and that if the vessel is not claimed within ten (10) days of the date of the notice, same shall be deemed abandoned and sold at public auction or otherwise disposed of by the Town. The notice shall further state that the proceeds of the sale, if one occurs, shall be used to defray the costs of providing notice to the owner and of removal, storage and sale of the vessel and its contents, and all other expenses incidental thereto. The notice shall contain the address and telephone number of the Department of maritime Services, a description of the vessel, the location from where it was taken, its current location, and if available, its name, registration number and contents.
(1)
Notice. Such notice shall be mailed to the owner as set forth in § 137-57(B) if the owner is known. If the owner is not known, such notice shall be posted in the official board of the Huntington Town Clerk and published in the official newspaper(s) of the Town for one (1) week. In the event notice is published, it shall state that the vessel must be claimed by the owner within ten (10) days of the first date of publication (identifying such date).
(2)
Release of vessel. Proof of ownership in the form satisfactory to the Department shall be provided prior to the release of any vessel. All costs and expenses incurred by the Town of Huntington, including but not limited to, the costs of providing notice to the owner and of removal, impounding the vessel, storage charges, and all other expenses incidental thereto shall be fully paid by credit card, money order, bank or certified check before a vessel will be released. The Department shall maintain an accurate accounting of all costs and expenses incurred by the Town.
(3)
Public auction. If the vessel is not claimed at the expiration of ten (10) days, the Huntington Town Board may order the vessel, its chandlery, and contents sold at public auction. The owner or person in charge of the vessel shall be personally liable for all of the costs and expenses incurred by the Town. The proceeds of such sale shall be used to defray the costs and expenses of providing notice to the owner and of removal, impounding the vessel, storage, and sale of the vessel and its contents, and all other expenses incidental thereto. Notice of such sale, a statement as to the amount of all costs and expenses incurred and the balance of the proceeds, if any, being held, shall be mailed to the owner as in § 137-57(B) and if the owner is not known, notice shall be posted on the official board of the Town Clerk and published in the official newspaper(s) of the Town for one (1) week. The balance of the proceeds of sale, if any, shall be turned over to the owner, if known, or, if the owner is not known, to be held, without interest, by the Department of Audit and Control for one (1) year for the benefit of the owner, upon proper proof of ownership, and, at the expiration of such period to be turned over to the Town's general fund. The Director of Purchasing shall provide the Department of Audit and Control with all necessary documentation and a copy of this legislation at the time the net proceeds of a sale, if any, are turned over for deposit into a non-interest-bearing account. Nothing contained in this chapter shall limit the Town's right to commence an action, in law or in equity, to recover all such expenses from the owner or person in charge of the vessel, who shall be personally liable, if no auction has occurred or if the proceeds of the auction are insufficient to cover the amounts paid by the Town.
(F)
Exceptions.
(1)
Emergencies. Nothing contained in this section shall be construed to restrict or prohibit earlier action by the Department, with or without notice to the owner, if, in the judgment of the Department, such vessel severely impedes or severely restricts navigation, or is in such condition so as to cause immediate and/or serious danger to either the health, safety and/or welfare of the public or to property. Once the vessel is impounded, the owner shall be notified in accordance with the procedures set forth in § 137-57(E), and the Suffolk County Marine Bureau and the Suffolk County Sheriffs Office shall be notified in writing that said vessel is unseaworthy, swamped, sunk, derelict and/ or abandoned and offering possession of said vessel to either agency should the owner not claim the vessel within said ten (10) day period. Said notice to the agencies shall include a statement as to whether or not the owner is known, and if known, the name and last known address of the owner. In the event the vessel is not claimed by the owner or accepted by the agencies at the expiration of such period, the procedures set forth in § 137-57(E)(3) shall be followed.
(2)
Value. A vessel that, because of its age, condition and/or estimated cost of repair, has, in the judgment of the Department, a value of one thousand ($1,000) dollars or less, shall be photographed and otherwise disposed of without prior notice.