§ 34-46-4 — § 34-46-4. Notice of lien.

§ 34-46-4. Notice of lien.

(a) A vessel owner must be notified of the lien created by this chapter before enforcement of the lien by a facility operator. Notification of the lien created by this chapter is satisfied by:

(1) Written storage agreement. A written storage agreement signed by the vessel owner that includes the following language in bold, capitalized font: "BEWARE — THE VESSEL AND ITS CONTENTS MAY BE SOLD AT PUBLIC AUCTION FOR FAILURE TO PAY STORAGE CHARGES PURSUANT TO THE DRY DOCK FACILITIES ACT, CHAPTER 46 OF TITLE 34.â€�; or

(2) Written notice of lien. Written notification of the lien sent by the facility operator to the last known address of the vessel owner and, where applicable, to the last known address of the person or entity the facility operator has on record as being responsible for the vessel, if different from the vessel's registered owner.

(b) A facility operator who does not have a written storage agreement that includes a notice of the lien created by this chapter may not initiate an enforcement action under § 34-46-5 until thirty (30) days after the delivery of written notice of the lien pursuant to this chapter.

Legislative History

P.L. 1994, ch. 162, § 3; P.L. 2021, ch. 102, § 1, effective July 1, 2021; P.L. 2021, ch. 103, § 1, effective July 1, 2021.