Section 15-212-62 - Sale of vessel to collect outstanding delinquent indebtedness; sale of abandoned vessel; mooring of unauthorized vessel; impoundment and disposal proceedings 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.[Eff DEC 03 2008] (Auth: HRS § 206E-4) (Imp: HRS § 206E-4)