AgdaPkt 2015-09-28 Joint SA PFA - Laserfiche WebLink

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ATTY/RESO.3138/DOCKTOWN RESOLUTION POLICY REV: 09-23-15 PT Page 3 of 4 6. Release: Any Boat that has been removed pursuant to Section 4 will be released only when the owner pays all of the following: (i) all outstanding unauthorized berthing fees owed pursuant to Section 3 of this Policy, (ii) all costs of removal incurred pursuant to Section 5 of this Policy, and (iii) a seventy five dollar ($75.00) release fee. 7. Lien: The City may take any and all steps under any applicable law to establish a lien upon the Boat to secure any fees and costs authorized by this Policy. 8. Reservation of Rights: This Policy does not foreclose the City from taking any action with respect to an Unauthorized Berthing that is otherwise permitted by law. 9. No Permission For Unauthorized Berthings: Nothing in this policy shall be construed to give permission for any berthing that is otherwise an Unauthorized Berthing. The City will not accept payment of an Unauthorized Berthing Fee except in connection with the permanent removal of the Boat by its owner from the Unauthorized Berthing. 10. Penalty: Except for removal costs incurred pursuant to Section 5 of this Policy, all fees imposed by this Policy are penalties for improper use of the Docktown Marina and charges for the use of City Property. 11. Appeal: Any fee or cost imposed by this Policy may be appealed to the City Manager (or his or her designee) no later than (i) ten days following the first notice to the owner that a particular fee or cost has been imposed (if the boat has not been removed or locked-in-place by the City) or (ii) the date the boat is removed or locked-in- place by the City. The scope of the hearing shall relate only to whether the fees or costs have been correctly calculated under this policy. Any determination of the City Manager or his designee on an appeal is final and without further right of appeal to City. 6.3.B. - Page 5