A. Violations of this chapter shall be deemed a public nuisance under RCW 35.21.955 and in violation of the safety, health, morals and general welfare of the city.

B. Such remedies given by law for the prevention and abatement of nuisances shall apply hereto.

C. Appropriately located signs shall inform users of the pier of the requirements expressed in this chapter and shall be deemed notice as warning of impoundment by violations.

D. Violation of any portion of this chapter is an infraction and subject to a penalty of $100.00 as provided in GHMC 1.16.010(D). Each calendar day on which a violation of this chapter occurs shall constitute a separate civil infraction. Said violation shall be just cause for the violating watercraft to be cabled to the dock or removed to another city property to ensure compliance with this chapter. Upon proper notice in accordance with subsections F and G of this section, the violating watercraft shall be impounded.

E. For the purposes of this chapter, the fact that a watercraft has been so left beyond the permissible time periods without permission of the police department is prima facie evidence of abandonment.

F. The city and its local law enforcement officials may take immediate possession of and impound any vessel or watercraft when such vessel or watercraft, either without vessel registration displayed or where parties claiming ownership to said watercraft are not known, are found in violation of this chapter; provided, the city shall post signs in a conspicuous manner on or near Jerkovich Pier which notify the public that vessels moored in violation of the city’s requirements shall be removed or impounded by the city.

G. Within five days of the impoundment of violating watercraft, the city shall notify by registered or certified letter said owner, if known, of the impoundment of the watercraft, the redemption procedure and the opportunity for hearing to contest the propriety of impoundment. If the owner of the watercraft is not known, publication of the watercraft’s description, make, model, size, and color, plus details of impoundment, redemption procedure and the opportunity for hearing to contest the propriety of impoundment within a newspaper of general and local readership, shall constitute sufficient notice.

H. After 30 days of receipt of the registered or certified mail or publication in a general and local newspaper providing notice of the impoundment, the city shall hold for sale the impounded watercraft. Proceeds of the sale shall be applied to the towing and storage fees incurred through impoundment and any excess shall be deposited in the city treasury. (Ord. 1459 § 3, 2021).