§ 6302.1. — 6302.1. (Amended by Stats. 2011, Ch. 595, Sec. 2.)

California § 6302.1.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 6.: DIVISION 6. PUBLIC LANDS
• Part 1.: PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS
• Ch. 4.: CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon
• Art. 1.: ARTICLE 1. Administration and Control Generally

Text

(a)
(1)
The commission may take immediate action, without notice, to remove from areas under its jurisdiction a vessel that is left unattended and is moored, docked, beached, or made fast to land in a position as to obstruct the normal movement of traffic or in a condition as to create a hazard to navigation, other vessels using a waterway, or the property of another.
(2)
The commission may take immediate action, without notice, to remove from areas under its jurisdiction a vessel that poses a significant threat to the public health, safety, or welfare or to sensitive habitat, wildlife, or water quality, or that constitutes a public nuisance.
(3)
A vessel removed under this section that remains unclaimed for 30 days after notice of removal is abandoned property.
(4)
After removal of the vessel pursuant to paragraph (1) or (2), the commission shall mail a notice to the owner, if known, and any known lienholder, that informs the owner and lienholder that if the vessel remains unclaimed for 30 days, it will be deemed abandoned property, and the commission may dispose of it pursuant to Section 6302.3.
(b)
(1)
The commission may remove from areas under its jurisdiction a vessel that has been placed on state lands without its permission. Prior to removal of the vessel, the commission shall do both of the following:
(A)
Give a 30-day notice to remove
the vessel by attaching it to the vessel in a clearly visible place.
(B)
Use reasonable means to identify and locate the owner and any lienholder. If the owner is located, the commission shall mail notice to the owner to remove the property by a date certain at least 15 days from the date of the notice.
(2)
If a vessel remains unclaimed after the expiration of the 30 days’ notice period and the 15 days’ owner notice, if applicable, in accordance with paragraph (1), it is abandoned property and the commission may direct the disposition of the property pursuant to Section 6302.3. The commission may also either remove the vessel or allow it to remain in place until the commission takes action to dispose of the property.
(c)
Upon request of the owner and after payment of the costs of removal and storage, the commission
shall return to the owner a vessel removed under this section.
(d)
The commission, at its discretion, may remove and dispose of an abandoned or derelict vessel on a navigable waterway in the state that is not under the jurisdiction of the commission pursuant to this section, if requested to do so by another public entity that has regulatory authority over the area where the vessel is located.
(e)
The commission may recover all costs incurred in removal actions undertaken pursuant to this section, including administrative costs and the costs of compliance with the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)),
through an appropriate action in the courts of this state or by use of any available administrative remedy.
(f)
For purposes of this section the following definitions apply:
(1)
“Appropriate action” means any cause of action available at law or in equity.
(2)
“Commission” includes the staff or agents of the commission or other federal, state, or local agencies operating in concert with or under the direction of the commission.
(3)
“Unclaimed” means that an owner or a lienholder of the vessel has not contacted the commission in response to a notice made pursuant to this section, if notice is required, and has not made adequate arrangements to take or remove the vessel to an authorized location.
(4)
“Vessel” includes any of the following:
(A)
A vessel, boat, raft, or similar watercraft.
(B)
A buoy, anchor, mooring, or other ground tackle used to secure a vessel, boat, raft, or similar watercraft.
(C)
A hulk, derelict, wreck, or parts of a ship, vessel, or other watercraft.

Legislative History

Amended by Stats. 2011, Ch. 595, Sec. 2. (SB 595) Effective January 1, 2012.