Derelict Vessel Program

November 28, 2022

NOTICE OF INTENT TO OBTAIN CUSTODY

 VESSEL San Juan 23 with Washington Registration # WN1119RE

In accordance with Chapter 79.100 RCW, the City of Bainbridge Island (“City”) has declared the vessel San Juan 23l, with Washington Registration # WN1119RE, (“Vessel”) to be abandoned. 

 The City, acting as an authorized public entity with the authority granted in RCW 79.100, intends to obtain full custody of the Vessel on December 28, 2022, (Custody Date).  After taking custody of the Vessel, the City may use or dispose of the Vessel without further notice to the owner.  

 In order to keep the Vessel, before the Custody Date, the owner must:

• Move the vessel to an anchorage area, moorage facility, or storage location that authorizes the vessel.

• Pay all outstanding moorage and utility fees owed to the City.

If the owner wants to reclaim the Vessel after the City has obtained custody, or wants to challenge City’s decision to take custody or temporary possession of the Vessel, the owner must file a written appeal with the Pollution Control Hearings Board (PCHB) and serve a copy on the City at the addresses show in the boxes below:

The appeal must include the following information:

• A copy of this notice or a copy of the notification letter, including any attachments, to the owner.  
• Your name and address (mailing and legal, if different) and, if applicable, the name and address of your representative. 
• A daytime phone number. 
• A brief statement why you are appealing. 
• A statement of what you want the Pollution Control Hearings Board to do. 
• Your signature or that of your representative. This signature certifies that the content of the appeal is true.

See http://www.eluho.wa.gov/Global/Reader?title=PCHB%20Appeal%20Process&path=Procedure_Appeal_PCHB or call the PCHB at the number above with appeal questions.

The owner may submit the appeal immediately, but the PCHB must receive it no later than January 27, 2023, (Appeal Date). The owner waives the right to a hearing if the PCHB does not receive an appeal on or before the Appeal Date. The owner is then liable for any costs incurred by the City in responding to the Vessel.  

These costs may include all administrative costs incurred by the City, removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the Vessel. If there is a lawsuit, the successful party may receive reasonable attorneys’ fees and costs. 

The City also may pursue any other remedies available under law.  For example, the City may take temporary possession of the Vessel under the circumstances described in the Revised Code of Washington (RCW) 79.100.040(3). You can find a copy of this law online at http://apps.leg.wa.gov/RCW/default.aspx?cite=79.100.

For more information, contact Tami Allen,, Harbormaster, at 206.780.3733 or harbormaster@bainbridgewa.gov.

September 6, 2022

NOTIFICATION OF INTENT TO OBTAIN CUSTODY.

Per RCW 79.100, the City of Bainbridge Island (“City”) intends to obtain full custody of the abandoned vessels: “HARD DAY’S NIGHT” WN0753ND and “SOLARIS” WN7176NJ on October 3, 2022 (Custody Date). After obtaining custody, the City may use or dispose of the Vessels without further notice. To retain custody of the vessel, before the Custody Date, the owner must attain authorized moorage. To reclaim the vessel once the City has obtained custody, or to challenge the City’s decision to obtain custody, the owner must file a written request (one original and one copy) for a hearing with the Pollution Control Hearings Board, in person at 1111 Israel Rd, Ste. 301, Tumwater WA, 98501 or by mail to PO Box 40903, Olympia WA 98504-0903, and serve one copy on the City at 280 Madison Ave N, Bainbridge Island, WA 98110, Attn: City Clerk’s Office. The appeal must include the following information: a copy of the decision you are appealing; your name and address (mailing and legal, if different) and, if applicable, the name and address of your representative; a daytime phone number; a brief statement why you are appealing; a statement of what you want the Board to do; the signature of you or your representative, which signature certifies that the content of the appeal is true. The written appeal can be submitted immediately but cannot be filed any later than November 3, 2022, (Appeal Date). The right to a hearing is deemed waived if an appeal is submitted late, and the owner is liable for any costs owed to the City. These costs may include all administrative costs incurred by the City, removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the Vessel. In the event of litigation, the prevailing party is entitled to reasonable attorneys’ fees and costs. The City reserves the right to pursue any other remedies available under law. For more information, contact Tami Allen, Harbormaster, at 206.780.3733 or tallen@bainbridgewa.gov.