Sec. 15-9. Vessels may be removed. Procedures. Notice. Regulations. Penalty.
Sec. 15-9. Vessels may be removed. Procedures. Notice. Regulations. Penalty.
(a) When the master or owner of any vessel lying within the navigable waters of this
state, or the person having the same in charge, wilfully neglects or refuses to obey the
order of any harbor master performing his duties under the provisions of this chapter,
such harbor master may cause such vessel to be removed at the expense of the owner.
Any such master, owner or person in violation of this section shall be deemed to have
committed an infraction and shall be fined eighty-five dollars.
(b) A harbor master may notify any officer attached to an organized police department or any state police officer that a master or owner of a vessel is in violation of the
provisions of subsection (a) of this section. Any such officer may remove and take such
vessel into custody and shall give written notice by certified mail to the owner or master
of such vessel, if known, which notice shall state (1) that the vessel has been taken into
custody and stored, (2) the location of storage of the vessel, (3) that such vessel may be
sold after fifteen days if the market value of such vessel does not exceed five hundred
dollars or after ninety days if the value of such vessel exceeds five hundred dollars, and
(4) that the owner has a right to contest the validity of such taking by application, on a
form prescribed by the Commissioner of Transportation, to the hearing officer named
in such notice within ten days from the date of such notice. Such application forms shall
be made readily available to the public at all offices of the Department of Transportation
and at all state and local police departments.
(c) The chief executive officer of each town may appoint a suitable person, who
shall not be a member of any state or local police department, to be a hearing officer
to hear applications to determine whether or not the taking was authorized under the
provisions of this section. Two or more towns may join in appointing such officer;
provided any such hearing shall be held at a location which is as near to the town where
such vessel was located as is reasonable and practicable. The commissioner shall establish by regulation the qualifications necessary for hearing officers and procedures for
the holding of such hearings. If it is determined at such hearing that the owner or master
was in violation of subsection (a) of this section, the owner or master of such vessel
shall be liable for any expenses incurred as a result of such removal, or the costs and
expenses incident to such removal, including legal expenses and court costs incurred
in such recovery. If it is determined at such hearing that the owner or master was not
in violation of subsection (a) of this section, the owner or master of such vessel shall
not be liable for any expenses incurred as a result of such removal or for the costs and
expenses incident to such removal, including legal expenses and court costs incurred
in such recovery. Any person aggrieved by the decision of such hearing officer may,
within fifteen days of the notice of such decision, appeal to the superior court for the
judicial district wherein such hearing was held.
(d) The state or local police department which has custody of the removed vessel
shall have the power to sell such vessel at public auction in accordance with the provisions of this section. The state or local police department shall apply the avails of such
sale toward the payment of its charges, any storage charges and the payment of any debt
or obligation incurred by the officer who placed the same in storage. Such sale shall be
advertised in a newspaper published or having a circulation in the town where such
vessel is stored or other place is located three times, commencing at least five days
before such sale; and, if the last place of abode of the owner of such vessel is known to
or may be ascertained by the state or local police by the exercise of reasonable diligence,
notice of the time and place of sale shall be given him by mailing such notice to him in
a registered or certified letter, postage paid, at such last usual place of abode, at least
five days before the time of sale. The state or local police department shall report the
sales price, storing and towing charges, if any; buyer's name and address; identification
of the vessel and such other information as may be required in regulations which shall
be adopted by the Commissioner of Transportation in accordance with the provisions
of chapter 54, to the commissioner within fifteen days after the sale of the vessel. The
proceeds of such sale, after deducting the amount due for any storage and all expenses
connected with such sale, including the expenses of the officer who placed such vessel
in storage, shall be paid to the owner of such vessel or his legal representatives, if claimed
by him or them 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 municipality for such removal and
towing and the sale of such vessel and any fines exceed the proceeds of such sale, the
owner of the vessel shall be liable for such excess amount. A vessel may not be sold in
accordance with the provisions of this section until: (1) The expiration of the time period
under subdivision (3) of subsection (b) of this section and (2) a final decision has been
rendered in connection with an application filed pursuant to subdivision (4) of subdivision (b) of this section.
(e) The Commissioner of Transportation shall adopt regulations in accordance with
the provisions of chapter 54, to carry out the provisions of this section.
(1949 Rev., S. 4751; P.A. 92-244.)
History: P.A. 92-244 amended Subsec. (a) and added Subsecs. (b) to (e), inclusive, re procedure and notice for the
removal of vessels and re adoption of regulations.