17 AAC 80.080. Abandoned property

17 AAC 80.080. Abandoned property - disposition

Any boat in a state harbor facility which is derelict, abandoned, or declared by the commissioner to be a public nuisance may be impounded, removed, sold, or otherwise disposed of as provided below:

(1) immediately upon determination that a boat is derelict or a public nuisance, the commissioner shall notify the owner, master, or managing agent of the boat, at his last known address, of the intent to impound, remove, sell or otherwise dispose of the boat;

(2) any boat impounded or removed shall be subject to and liable for storage charge of $20 per month and costs incurred by reason of the impounding or removal;

(3) any boat impounded or removed shall be held by the commissioner for a period of not less than 30 days after which time the commissioner may destroy, sell, or otherwise dispose of the boat; proceeds from sale of the boat shall be first applied to the costs of conducting the sale, impounding, removal, berthing and service fees accrued, and the balance held in trust for the owner to claim; and if not claimed within two years, the balance shall be deposited in the state general fund;

(4) failure of any boat owner, master, or managing agent to pay designated berthing fees provided by secs. 10-110 of this chapter shall be presumed to constitute abandonment.

History: Eff. 1/16/71, Register 37

Authority: AS 35.05.020

AS 35.25.010

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