Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-62 - Sale of vessel to collect outstanding delinquent indebtedness; sale of abandoned vessel; mooring of unauthorized vessel; impoundment and disposal proceedings

Current through June, 2024
If a boat owner is delinquent in the payment of any fee or
					 charge, including costs of impoundment and removal, or if a vessel is
					 abandoned, the HCDA may institute proceedings pursuant to law to secure the
					 attachment and sale of the vessel. In order to recover unpaid indebtedness, the
					 HCDA may initiate legal process including impoundment and sale of a vessel
					 following the mailing of three past due invoices, the last billing being
					 approximately ninety days following the date money was due and payable.
					 Abandoned vessels or contrivances shall be disposed of at the owner's expense,
					 and any administrative hearing shall follow the procedure as set forth in
					 sections 15-212-60 and
					 15-212-61.
(1) No person shall moor a vessel in Kewalo
				  Basin without obtaining a permit; nor shall a person continue to moor a vessel
				  in Kewalo Basin if the permit authorizing the vessel to moor has expired or
				  otherwise been terminated. A vessel moored without a permit or with a permit
				  that has expired or been terminated is an unauthorized vessel and is subject to
				  subsections (2) to (5);
(2) HCDA or
				  its assigns shall cause to be placed upon, or as near to the unauthorized
				  vessel as possible, a notice to remove vessel, which shall indicate that the
				  vessel is in violation of this section, the date and time the notice was
				  posted, and that the vessel must be removed within seventy-two hours from the
				  time the notice was posted;
(3) An
				  unauthorized vessel may be impounded by HCDA or its assigns at the sole cost
				  and risk of the owner of the vessel, if such vessel is not removed after the
				  seventy-two hour period or if during said period the vessel is removed and
				  re-moored in Kewalo Basin without a permit;
(4) Custody of an impounded vessel shall be
				  returned to the person entitled to possession upon payment to HCDA or its
				  assigns of all fees and costs due, and fines levied by a court. In addition,
				  HCDA and its assigns within seventy-two hours of impoundment, shall send by
				  certified mail, return receipt requested, a notice of impoundment to the
				  registered owner or operator of any impounded vessel. The owner or operator of
				  an impounded vessel shall have ten days after receipt of notice of impoundment
				  of the vessel to request in writing an administrative hearing. This
				  administrative hearing is solely for the purpose of allowing the owner or
				  operator of an impounded vessel to contest the basis given by HCDA or its
				  assigns for the impoundment of the vessel. The administrative hearing must be
				  held within seventy-two hours of HCDA or its assigns receipt of the written
				  request. HCDA or its assigns shall adopt rules pursuant to chapter
				  91 to implement the requirement for
				  this post-seizure administrative hearing process; and
(5) Any unauthorized vessel impounded under
				  this section, which remains unclaimed by the person entitled to possession, the
				  registered owner or lien holder for more than thirty days, may be sold by HCDA
				  or its assigns at public auction.