§ 46-6-10 — § 46-6-10. Removal of obstruction by director — Payment of cost.

§ 46-6-10. Removal of obstruction by director — Payment of cost.

(a) If the vessel or other obstruction is: (1) Not removed at or within the time specified in the notice, and in a manner and to a place satisfactory to the director, or (2) If the vessel or other obstruction is in immediate danger of sinking or has sunk, is breaking up or has broken up, or is posing a hazard to navigation; or (3) If the vessel or other obstruction poses an imminent threat to human health or safety, including a threat of environmental contamination; and (4) If no owner or other person is known to the director upon whom the notice can be served, the director or other authorized public entity may proceed to remove the vessel or other obstruction, or to complete the removal thereof, or to cause the removal to be done, in such manner and to such place as the director or other authorized public entity shall deem best; and the necessary cost and expense of the removal, if not paid by some owner or other person liable therefor, shall, when certified by the director, be paid out of the derelict and abandoned vessel and obstruction removal account or out of the treasury of the state out of any money appropriated therefor.

(b) Before taking temporary possession of any vessel or other obstruction, the authorized public entity must make reasonable attempts to consult with the department of the United States Coast Guard to ensure that other remedies are not available. The basis for taking temporary possession of the vessel or other obstruction must be set out in writing by the authorized public entity within seven (7) days of taking action and be submitted to the owner, if known, as soon thereafter as reasonable. If the authorized public entity has not already provided the required notice, immediately after taking possession of the vessel or other obstruction, the authorized public entity must initiate the notice provisions in § 46-6-9(a). The authorized public entity must complete the notice requirements of § 46-6-9(a) before using or disposing of the vessel or other obstruction as authorized in § 46-6-10.1.

Legislative History

G.L. 1896, ch. 118, § 20; G.L. 1909, ch. 144, § 20; G.L. 1923, ch. 149, § 19; G.L. 1938, ch. 112, § 19; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-10; P.L. 2012, ch. 370, § 2; P.L. 2012, ch. 389, § 2.