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Abandoned Boats, Vessel Liens, Derelict Boats, and Boats Re Abandoned Boats, Vessel Liens, Derelict Boats, and Boats Re

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Abandoned Boats, Vessel Liens, Derelict Boats, and Boats Re - PPT Presentation

The Connecticut Law Enforcement Officers Involvement and Responsibility Prepared by Tim Delgado DEEP this is just a summary please consult the actual statutes before acting CTDEEP Boating Division 4 2009 rev 12013 ID: 130256

law vessel abandoned owner vessel law owner abandoned enforcement harbormaster cgs deep property derelict removed days dot lien boat

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Slide1

Abandoned Boats, Vessel Liens, Derelict Boats, and Boats Removed by Order

The Connecticut Law Enforcement Officer’s Involvement and Responsibility – Prepared by Tim Delgado, DEEP(this is just a summary – please consult the actual statutes before acting)

CTDEEP – Boating Division, 4/ 2009 (rev. 1/2013)Slide2

“Abandoned Boat” Could Mean One of Five Things

Abandoned – Boating Law, DEEP (CGS 15-140c)Undocumented Vessel Processed by Vessel Lien – Uniform Commercial Code (CGS 49-55 et seq.) Documented Vessel processed by Liener

(Special Case)

Derelict Vessel– Harbormaster Law, DOT

(CGS 15-11a)

Vessel Removed by Order – Harbormaster Law, DOT

(CGS 15-9)Slide3

1. Abandoned Boat (DEEP)

A vessel is found floating and unattended, or left on someone’s property for 24 hours without their permissionNo pre-standing commercial arrangementUnder the law, the property owner is provided with a mechanism to get rid of the boatLaw Enforcement will need to provide an incident report, confirm that the vessel is not stolenThe incident report starts a 60 day clockAt the end of 60 days, the property owner may sell the boat but will need to provide these things to the buyer:

Copy of

Police Report

,

Copies of certified letters to the last owner of record,

Copies of newspaper ads (if the previous owner cannot be located),

Copies of letters written to State Agencies and a return letter from DEEP saying that the vessel is not stolen; and,

A bill of SaleSlide4

2. Vessel Lien (SOTS)

Vessel Liens are under the Uniform Commercial Code law; this applies only to “undocumented” vessels.Typical Situation: customer leaves a vessel at a business BY AGREEMENT for storage or repair never retrieves it and owes moneyBusiness owner files a lien with the Secretary of StateAfter 30 days, the business owner may sell the vessel at auctionAt the finish line, the buyer will needA copy of the lien;

Copies of certified letters to the last owner of record

Copies of newspaper ads announcing sale of the vessel

Bill of sale

No “official” law enforcement involvement, but we advise business owners to check with law enforcement to make sure the vessel has not been reported stolenSlide5

3. Vessel Lien – Documented Vessel

Contact lienholder. Use NOAA database or reference DMV Certificate of DecalSlide6

4. Derelict Vessel (Harbormaster/DOT)

A HM or authorized municipal representative may cause removal of derelict vessel“Derelict Vessel” is one that will not keep afloat with ordinary careHMs are the sole judge as to whether a vessel is “derelict.”Process:Owner is notified, law enforcement may be involved in this step

Vessel is stickered with removal notice,

law enforcement may be involved in this step

If vessel is not removed in 24 hours, the vessel may be taken into custody and removed,

law enforcement may be involved in this step

The vessel may be disposed of in 15 days if the market value does not exceed $2,000, otherwise may be sold at auction after 90 daysSlide7

5. Vessel Removed by Order (Harbormaster/DOT)

A HM may remove a vessel by order.A HM can station any vessel in their jurisdiction.Remedy for “willfull neglect or refusal to obey a harbormaster.”The process:Harbormaster notifies law enforcement

Law enforcement will remove vessel and take it into custody, then notify the owner in writing

Law enforcement may sell the vessel at public auction after 15 days if the value does not exceed $500, or after 90 days if the value exceeds $500

However, the owner may request a hearingSlide8

6. Summary - “Abandoned Boat” Could Mean 5 Things

Abandoned – Boating Law, DEEP (CGS 15-140c)Removed by Vessel Lien – Uniform Commercial Code, SOTS (CGS 49-55 et seq.) Documented Vessel, special case

Derelict – Harbormaster, DOT

(CGS 15-11a)

Removed by Order – Harbormaster, DOT

(CGS 15-9)Slide9

New DEEP Abandoned Boat Proposal

Web-based system45 day clockDefines the aggrieved as a “Party with Standing”PwS interaction w/DEEP only once or twiceProvides an affirmative change of ownership to the PwS at the end of the processHas built-in rules for

liened

or documented vessels

Scales-up for mass-displacement eventSlide10

Definition of “Abandoned Boat”

A boat is ABANDONED when it is …Left unattended and free floating on state waters for 24 hours or more ; or,Left on a property without the property owner’s consent for more than 24 hours; or,Left at a mooring for 60 days or more without payment; or,Left at a commercial facility for more than 1 year since receipt of the last payment; or,Found in or hindering access to a public right of way during a declared emergency.Slide11

Who is a “Party with Standing”?

A PARTY WITH STANDING is …The owner of the property on which the vessel has been abandoned;A harbormaster, police department, municipality, or agent of the state acting on their own behalf or the behalf of an aggrieved property owner;An emergency responder or utility responding to a declared emergency; or,A marine salvager or automobile tower engaged by one of the aboveSlide12

Advantages

It’s a quicker, more automated process. It will require less staff time, and therefore cost us less.It’s a more public process, making it fairer and more transparent for everyone. It requires the PwS to interface with DEEP only once or twice and does not tie the outcome to the ability or proficiency of the party with standing, making it much easier for the elderly or the non-English speaking. It costs the PwS

less money than the current process and requires less of them.

It provides indisputable evidence of transfer of ownership.  

And, most importantly, it implements an online system that can be accessed remotely and scaled up to meet the challenges of a mass-displacement event, such as a hurricane. Slide13

What is the bill number and when will it be proposed?

There is no bill number yet.It will be proposed this session.Slide14

What do we need from you?

Letters of support:From the CT HM group ANDFrom individual HMs.Thank you!Slide15

Abandoned Boat Contact:

Remember - This presentation is just a summary based on my understanding of the applicable laws – please consult the actual statutes before acting Tim

Delgado

CTDEEP Boating Division

860-447-4354

timothy.delgado@ct.gov

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