Sec. 30.30.065. Impoundment of derelict vessels posing clear and present danger.

389 words·~2 min read·/ak/title-30/chapter-30/30-30-065

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(a)Notwithstanding any other provision of law, a state agency or municipality may impound a derelict vessel immediately if the vessel constitutes a clear and present danger to public health, safety, or general welfare.

(b)When action is taken to impound a derelict vessel under

(a)of this section, the state agency or municipality impounding the vessel shall, after 24 hours of the impoundment, provide notice of the action and the opportunity for a post-impoundment hearing by hand-delivery or certified mail, return receipt requested, to the owner of the vessel if the name and location of the owner is known.

(c)The owner of the vessel or a person with a financial or security interest in the vessel may file a written demand for a post-impoundment hearing within 15 days after the postmark date of the notice of impoundment under

(b)of this section. An owner or a person with a financial or security interest in the vessel who fails to request or attend a scheduled post-impoundment hearing waives the right to the hearing.

(d)The state agency or municipality that impounded the vessel shall conduct a post-impoundment hearing within 48 hours after receiving a written demand for a post-impoundment hearing. The 48-hour period does not include Saturdays, Sundays, days that the state agency or municipality that impounded the vessel is officially closed, and legal holidays. The state agency or municipality shall conduct the post-impoundment hearing in an informal manner. The provisions of AS 44.62 (Administrative Procedure Act) do not apply to a post-impoundment hearing.

(e)A post-impoundment hearing officer shall determine whether there is substantial evidence establishing that the derelict vessel constituted a clear and present danger. If the hearing officer determines that there is substantial evidence to impound the vessel, the state agency or municipality or its designee may proceed to dispose of the vessel as provided under AS 30.30.055 . If the hearing officer determines that there was not substantial evidence to impound the vessel, the state agency or municipality that impounded the vessel

(1)shall release the vessel to the owner;

(2)may not require the owner to pay the towing, storage, impoundment, or abatement charges; and

(3)shall refund or reimburse any towing, storage, impoundment, or abatement charges previously paid by the owner.