NOTIFICATION OF INTENT TO OBTAIN CUSTODY.
Per RCW 79.100, The Port Orchard Police Department intends to take custody of the following derelict and/or abandoned vessels on April 8, 2023:
WN6341JR -1974 27-Ft. Sailboat. White hull, blue stripe, blue sail cover.
WN8046SK – 1975 36-Ft Sailboat “Faith Marie”White hull, light blue deck, blue sail cover.
WN7584LA – 1976 27-Ft. Sailboat. Black hull.
WN8275NS – 1977 Catalina 25-Ft sailboat. Brown Stripe. Black sail cover.
(No Hull Number) – 1964 Jensen with brown transom. Registration Number D120738
These vessels are in violation of RCW 79.100 (Derelict Vessels) in Sinclair Inlet in The City of Port Orchard, Kitsap County. After taking custody, The Port Orchard Police Department may use or dispose of it without further notice pursuant to RCW 79.100.030, and the owner may be liable to the Port Orchard Police Department to reimburse the reasonable costs of removing or disposing of the vessel pursuant to RCW 79.100.060.
To retain custody of the vessel, before the Custody Date, the owner must: 1) Get authorization to moor or anchor the vessel in its current location, or 2) Move it to an anchorage area, moorage facility, or storage location that authorizes the vessel, or 3) Remove the vessel from the water. If The Port Orchard Police Department removes the vessel under a temporary possession action, the owner must pay The City of Port Orchard for costs incurred to date and pick up the vessel from its storage location.
To redeem the vessel once The Port Orchard Police Department has taken custody, the owner must file a written request (one original and one copy) for a hearing with the Pollution Control Hearings Board, in person at 1111 Israel Rd, Ste. 301, Tumwater WA, 98501 or by mail to PO Box 40903, Olympia WA 98504-0903, and serve one copy on The Port Orchard Police Department at 546 Bay Street, Port Orchard WA 98366. The appeal must include the following information: a copy of the decision you are appealing; your name and address (mailing and legal, if different) and, if applicable, the name and address of your representative; a daytime phone number; a brief statement why you are appealing; a statement of what you want the Board to do; the signature of you or your representative. [This signature certifies that the content of the appeal is true.] The written request can be submitted immediately but cannot be filed any later than May 8, 2023. The right to a hearing is deemed waived if a request is submitted late, and the owner is liable for any costs owed to The City of Port Orchard. These costs may include all administrative costs incurred by The City of Port Orchard, removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the vessel.
In the event of litigation, the prevailing party is entitled to reasonable attorneys’ fees and costs. The Port Orchard Police Department/The City of Port Orchard reserves the right to pursue any other remedies available under law. For more information, contact Sgt. Holden at The Port Orchard Police Department at THolden@portorchardwa.gov.