Current through Register Vol. 30, No. 38, September 20, 2024
A. A person who
has knowledge and custody of a watercraft abandoned on private property owned
by that person may attempt to obtain ownership of the watercraft by way of the
abandoned watercraft transfer process. A lienholder of foreclosed real property
may assign an agent to act on its behalf.
B. The last registered owner of an abandoned
or unreleased watercraft is presumed to be responsible for the watercraft,
unless the watercraft is reported stolen.
C. The operator of a self-storage facility
located in this state and having a possessory lien shall comply with the
requirements prescribed under A.R.S. Title 33, Chapter 15, Article 1 when
attempting to obtain ownership of a watercraft abandoned while in
storage.
D. A person having a
possessory lien under a written agreement shall comply with the requirements
prescribed under A.R.S. Title 33, Chapter 7, Article 6 when attempting to
obtain ownership of a watercraft for which repairs or service fees remain
unpaid.
E. Only a person acting
within the scope of official duties as an employee or authorized agent of a
government agency may order the removal of a watercraft abandoned on public
property or a public waterway.
F. A
person seeking ownership of an abandoned or unreleased watercraft shall submit
an application to the Department and pay the fee established under R12-4-504.
The application is furnished by the Department and available at any Department
office. The application shall include the following information, if available:
1. Hull identification number, unless exempt
under R12-4-505;
2. Registration
number;
3. Decal number;
4. State of registration;
5. Year of registration;
6. Name, address, and daytime telephone
number of the person who found the watercraft;
7. For abandoned watercraft:
a. Address or description of the location
where the watercraft was found,
b.
Whether the watercraft was abandoned on private or public property,
and
c. When applicable, for
watercraft abandoned on private property, whether the applicant is the legal
owner of the property;
8. Condition of the watercraft: wrecked,
stripped, or intact;
9. State in
which the watercraft will be operated;
10. Length of time the watercraft was
abandoned;
11. Reason why the
applicant believes the watercraft is abandoned; and
12. Signature of the applicant, acknowledged
before a Notary Public or witnessed by a Department employee.
G. This state and its agencies,
employees, and agents are not liable for relying in good faith on the contents
of the application.
H. The
Department shall attempt to determine the name and address of the registered
owner by:
1. Conducting a search of its
watercraft database when documentation indicates the watercraft was previously
registered in this state, or
2.
Requesting the watercraft record from the other state when documentation
indicates the watercraft was previously registered in another state.
I. If the Department is able to
determine the name and address of the registered owner, the Department shall
send written notice of the applicant's attempt to register the watercraft to
the owner.
1.
a. If the registered owner provides a written
release of interest in the watercraft, the Department shall mail the release of
interest and an abandoned or unreleased watercraft approval letter to the
applicant. The applicant shall apply for watercraft registration in compliance
with the requirements established under R12-4-502.
b. If the registered owner provides written
notice to the Department refusing to release interest in the watercraft, the
Department shall notify the applicant of the owner's refusal. The Department
shall not register the watercraft to the applicant unless the applicant
provides proof of ownership and complies with the requirements established
under R12-4-502.
c.
d. If the
registered owner does not respond to the notice within 180 days from the date
the Department sent notice, this failure to act shall constitute a waiver of
interest in the watercraft by any person having an interest in the watercraft,
and the watercraft shall be deemed abandoned for all purposes. The Department
shall mail an abandoned or unreleased watercraft approval letter to the
applicant. The applicant shall apply for watercraft registration in compliance
with the requirements established under R12-4-502.
2. If the written notice is returned
unclaimed or refused, the Department shall notify the applicant within 15 days
of the notice being returned that the attempt to contact the registered owner
was unsuccessful.
J. If
the Department is unable to identify or serve the registered owner, the
Department shall post a notice of intent on the Department's website within 45
days of the Department's notification to the applicant as provided in
subsection (I)(2).
1. The notice shall include
a statement of the Department's intent to transfer ownership of the watercraft
ten days after the date of posting, unless the Department receives notice from
the registered owner refusing to release interest in the watercraft within that
ten-day period following posting.
2. If the watercraft remains unclaimed after
the ten-day period, the Department shall mail an abandoned or unreleased
watercraft approval letter to the applicant. The applicant shall apply for
watercraft registration in compliance with the requirements established under
R12-4-502.
K. A
government agency may submit an application for authorization to dispose of a
junk watercraft abandoned on state or federal lands or waterways. The
application is furnished by the Department and is available at any Department
Office. Upon receipt of the application, the Department shall attempt to
determine the name and address of the registered owner. If the Department is
unable to identify and serve the registered owner, the Department shall publish
a notice of intent to authorize the disposal of the junk watercraft as
described under subsection (J).
1. The
published notice shall include a statement of the Department's intent to
authorize the disposal of the watercraft ten days after the date of
publication, unless the Department receives notice from the registered owner
refusing to release interest in the watercraft within that ten-day period
following publication.
2. If the
watercraft remains unclaimed after the ten-day period, the Department shall
mail an authorization to dispose of the junk watercraft to the government
agency. The government agency may dispose of the abandoned watercraft and all
indicia for that watercraft in any manner the agency determines expedient or
convenient.
