HomeMy WebLinkAboutReso 07-25 Declaring Aquafen AbandonedRESOLUTION NO. 07-25
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
DECLARING THE VESSEL AQUAFEN ABANDONED PROPERTY
PURSUANT TO HARBORS AND NAVIGATION CODE SECTION 522
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the California Harbors and Navigation Code § 522 provides that "any hulk,
derelict, wreck, or parts of any ship, vessel, or other watercraft sunk, beached, or allowed to
remain in an unseaworthy or dilapidated condition upon publicly owned submerged lands, salt
marsh, or tidelands within the corporate limits of any ... public corporation or entity having
jurisdiction or control over those lands, without its consent expressed by resolution of its legislative
body, for a period longer than 30 days without a watchman or other person being maintained
upon or near and in charge of the property, is abandoned property;" and
WHEREAS, the vessel Aquafen has been docked on the North T-Pier without payment or
permission since December 2023; and
WHEREAS, on December 3111, 2024, the vessel Aquafen was taking on water.
Approximately 3,000 gallons were pumped from its bilge. The United States Coast Guard
subsequently declared the vessel a "Threat to Pollute". The Aquafen remains in an unseaworthy
and/or dilapidated condition upon submerged lands within the jurisdiction of the City of Morro Bay;
and
WHEREAS, the vessel has been on the North T-Pier for a period longer than 30 days
without a watchman or other person being maintained upon or near and in charge of the property;
and
WHEREAS, the City of Morro Bay does not consent to the vessel Aquafen being
abandoned at Morro Bay Harbor and desires to declare the vessel abandoned property for the
purposes of abatement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay,
California, hereby declares that the vessel Aquafen (USCG Official No. 560034) is abandoned
property, pursuant to Harbors and Navigation Code section 522 because the vessel was
abandoned on submerged lands in the City's jurisdiction without the consent of the City for more
than 30 days.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on this 25th day of February 2025 on the following vote:
AYES:
Wixom, Eckles, Edwards, Landrum, Luffee
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSE:
None
0 I)XYT�,
CA WIXOM, Mayor
ATTEST:
DANA SWANSON, City Clerk