Sec. 15-11a. (Formerly Sec. 15-31). Removal and taking of derelict vessels.
Sec. 15-11a. (Formerly Sec. 15-31). Removal and taking of derelict vessels. (a)
A duly authorized harbor master shall determine whether a vessel is a derelict vessel.
Upon such determination, the Commissioner of Transportation, such harbor master or
a duly authorized representative of a municipality may cause such derelict vessel to be
removed at the expense of any owner, agent or operator of such derelict vessel and may
recover the expense of such removal, together with the costs and expenses incident to
such removal, including legal expenses and court costs incurred in such recovery, from
the owner, agent or operator of such vessel in an action founded upon this section. The
last owner of record of such vessel shall be responsible for such vessel. After consultation
with the Commissioner of Transportation, the Commissioner of Environmental Protection may consider any such vessel to be an encroachment subject to the provisions of
sections 22a-359 to 22a-363f, inclusive.
(b) Prior to removing and taking such derelict vessel into custody, the Commissioner
of Transportation, a duly authorized harbor master or a duly authorized representative
of a municipality shall make a reasonable attempt to notify the owner, agent or operator
of the vessel and shall allow such owner, agent or operator to make arrangements for
removal of the vessel. Such notification shall inform the owner, agent or operator that,
pursuant to this section, if the vessel is not removed within twenty-four hours of notification, it shall be removed, taken into custody and stored at the owner's, agent's or operator's expense.
(c) Prior to removing a derelict vessel, the Commissioner of Transportation, a duly
authorized harbor master or a duly authorized representative of a municipality shall
affix to such vessel a readily visible notification sticker. The notification sticker shall
contain the following information: (1) The date and time the notification sticker was
affixed to the vessel, (2) a statement that, pursuant to this section, if the vessel is not
removed within twenty-four hours of the time the sticker was affixed, it shall be taken
into custody and stored at the owner's expense, (3) the location and telephone number
where additional information may be obtained, and (4) the identity of the person who
affixed the sticker.
(d) If the derelict vessel is not removed by the owner, agent or operator within the
time period provided in subsection (c) of this section, the Commissioner of Transportation, a duly authorized harbor master or a duly authorized representative of a municipality may direct that such vessel be removed and taken into custody and may cause the
same to be stored in a suitable place.
(e) If a derelict vessel is removed and taken into custody pursuant to subsection (d)
of this section, the Commissioner of Transportation, a duly authorized harbor master
or a duly authorized representative of a municipality shall give written notice, by certified mail, return receipt requested, to the owner, agent or operator of such vessel, if
known, which notice shall state: (1) The vessel has been removed, taken into custody
and stored, (2) the location from which the vessel was removed, and (3) that the vessel
may be disposed of after fifteen days if the market value of such vessel, as determined
by a certified marine surveyor, does not exceed two thousand dollars or that the vessel
may be sold after ninety days, pursuant to the provisions of subsection (f) of this section.
(f) Ninety days or more after written notice has been given pursuant to subsection
(e) of this section, the Commissioner of Transportation, a duly authorized harbor master
or a duly authorized representative of a municipality may sell a derelict vessel at public
auction in accordance with the provisions of this section. The commissioner, harbor
master or authorized agent of a municipality shall apply the proceeds of such sale toward
the payment of its charges, any storage charges and the payment of any debt or obligation
incurred by the commissioner, harbor master or agent who placed the vessel in storage.
Such sale shall be advertised twice in a newspaper published or having a circulation in
the town where such vessel is stored or is located, commencing at least five days before
such sale; and, if the last place of abode of the owner, agent or operator of such vessel
is known to or ascertained by the commissioner, harbor master or agent by the exercise
of reasonable diligence, notice of the time and place of sale shall be given to such owner,
agent or operator by sending such notice to the owner, agent or operator, by certified
mail, return receipt requested, at such last place of abode at least five days before the
day of the sale. The proceeds of such sale, after deducting any amount due for removal
and storage charges and all expenses connected with such sale, shall be paid to the
owner, agent or operator of such vessel or the owner's, agent's or operator's legal representatives, if claimed by the owner, agent or operator or the owner's, agent's or operator's legal representative at any time within one year from the date of such sale. If such
balance is not claimed within said period, it shall escheat to the municipality from which
the vessel was removed. If the expenses incurred by the commissioner, harbor master
or agent for such removal and storage and sale of such vessel and any fines exceed the
proceeds of such sale, the owner, agent or operator of the vessel shall be liable for such
excess expenses.
(g) The Commissioner of Transportation may require the owner, agent or operator
to furnish a performance bond in an amount sufficient to cover the estimated costs of
removal as determined by the commissioner.
(1949 Rev., S. 4779; 1969, P.A. 768, S. 160; P.A. 75-288, S. 1, 2; P.A. 76-277; P.A. 82-191, S. 1; P.A. 98-182, S. 15,
22; P.A. 06-121, S. 2; P.A. 07-232, S. 2, 3.)
History: 1969 act replaced commissioners of steamship terminals with commissioner of transportation; P.A. 75-288
included agents and operators in provisions; P.A. 76-277 added provisions re removal of vessels, scows, lighters etc. and
added Subsec. (b) re permit fees and performance bonds; Sec. 15-31 transferred to Sec. 15-11a in 1979; P.A. 82-191
amended Subsec. (a) to authorize the commissioner of environmental protection, upon consultation with the commissioner
of transportation, to consider vessels or similar floating structures to be an encroachment requiring a permit; P.A. 98-182
deleted the requirement for an owner, agent or operator to obtain a permit, effective July 1, 1998; P.A. 06-121 amended
Subsec. (a) to allow a harbor master to determine whether a vessel is a derelict vessel, to expand the list of who may remove
such vessel and to make the last owner of record responsible for such vessel, added new Subsecs. (b) to (f) re required
procedure and redesignated existing Subsec. (b) as Subsec. (g), effective June 2, 2006; P.A. 07-232 made technical changes
in Subsecs. (b) and (f), effective July 11, 2007.