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A. Derelicts. For the purposes of this title and in the interest of the greatest use of the facilities of the port facilities and the municipal waters by the general public, a vessel is a nuisance if:

1. The vessel is in violation of the parking, mooring or traffic regulations of the port of Bethel;

2. Any rent, fee or charge due to the city for the vessel has not been paid within ninety (90) days of the rent, fee or charge due date;

3. The vessel is not properly identified by name and/or number and the owner, operator or agent is not on board;

4. The vessel causes an obstruction to navigation;

5. The vessel is unfit, unseaworthy or maintained in such a manner as to make it liable to sink for lack of being pumped or other maintenance;

6. The vessel is unqualified under the provisions of BMC 14.05.100 (Safe condition of vessel);

7. The vessel constitutes a fire hazard; or

8. The vessel is sunken or is in imminent danger of sinking.

B. Other Nuisances.

1. Refuse of all kinds, structures or pieces of any structure, dock sweepings, dead animals or parts thereof, timber, logs, piles, broom sticks, lumber, boxes, paint, empty containers and oil of any kind floating uncontrolled on the water, and all other substances or articles of a similar nature are hereby declared to be public nuisances, and it shall be unlawful for any person to throw or place or cause or permit to be thrown or placed any of the articles or substances named in this subsection in the port facilities or the municipal waters, or upon the shores thereof or in such position that the article or substance may or can be washed into said port facilities or municipal waters, either by high tides, storms, floods or otherwise.

2. Nets, gear, and other material left on any float or dock for more than ninety-six (96) hours is hereby declared a nuisance.

C. Any person causing or permitting the nuisances to be placed as provided in this subsection shall remove the same and, upon their failure to do so, the same may be removed or caused to be removed by the port director. When the port director has authorized such nuisances to be removed or stored commercially, all costs of such commercial removal or storage shall be paid by and recoverable from the person creating said nuisance. The abatement of any such public nuisances shall not excuse the person responsible therefor from prosecution under this section.

D. Upon the port director’s written determination that a nuisance described in subsection A or B of this section exists that constitutes a clear and present danger to the public health, safety or general welfare, the nuisance may be summarily abated by the port director according to BMC 14.08.020 without prior notice.

E. A vessel declared to be a nuisance is subject to abatement and removal from the port of Bethel or other waterway by the city or its agents, without liability to the city or its agents for any damage done by virtue of the removal or for any of its consequences.

F. Vessels or other property declared a nuisance under this chapter that do not constitute a clear and present danger to the public health, safety and general welfare may be moved, impounded or disposed of according to the procedure provided in Chapter 14.10 BMC. [Ord. 17-11 § 2.]