Lauderdale Isles Water Management District
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Lauderdale Isles Water Management District

Derelict boats                                                             
The saga of the renata  

by Geoff Rames                                                                                                       
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The Renata
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April 11, 2013
PART I
The  US Coast Guard’s Vessel Data Base lists The Renata as a wood-hulled 57 foot  Chris Craft built in 1968.  She had
certainly seen better days.  Tied  up behind a house on Key Largo Lane for the last 18 months, she was never  started or moved, according to neighbors.  Obvious rotten wood on her hull sides, peeling paint, broken portholes,  and warped decks all indicated that long term neglect had taken its toll.  On at least two occasions during that  time, the city was called by neighbors when The Renata appeared to be sinking, and crews were sent by the owner resolve the  situation. 

On  Feb. 5th, she was moved several houses north to another dock on Key Largo Lane.   This precipitated numerous calls from nearby neighbors to Code Enforcement and the Fort Lauderdale Police Marine Unit,  since at this new ocation, she now extended too far into the canal, and past the property lines.  The FLPD  Marine Unit made several visits to the new location, and boarded the  vessel. The neighbor across the  canal was told by Marine Unit officers that all the machinery, pumps, and  batteries appeared to be inoperable.   After several visits to this  location by Code Enforcement, the Renata was moved back to down to the original  Key Largo dock on Feb. 14th.

Several of the concerned neighbors attended our LIWMD March 25th meeting, and  expressed their concerns about this boat, especially in light of the upcoming hurricane season.  Two Code Enforcement cases had been started on Feb.15th and Feb.  27th, but Code Enforcement cases take a long time.   The neighbors felt that in a big storm, the boat would likely sink and probably block the canal, as well as cause an environmental disaster with  spilled fuel.  They knew that LIWMD  has been investigating how to handle the “at risk” or “derelict” vessels throughout our canals, and we had discussed the problem at length with a FLPD Environmental Crimes Detective at our December meeting. 
Although several city agencies get involved in such matters, there doesn’t appear to be a clear-cut method for handling these vessels, and the task is usually assigned to Code Enforcement.   City Commissioner Romney Rogers, who is also a member of our board, offered to have his assistant contact the City Manager’s office, to get a current status of the  case and an estimated timeframe for the removal of the vessel.  

Until April 11th, when several of the concerned neighbors  called that morning – the boat had started  to sink, and was going down fast.   One of the neighbors had already called the FLPD Marine Unit, and they quickly had an officer on scene, along with an officer from the  Florida Department of Environmental Protection. 
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Sitting on the bottom
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Oil Slick
By  12:30, the vessel was sitting on  the bottom, and an oil slick  started to stream out one of the portholes.  The DEP
arranged for a contractor, “SWS,” to handle the  situation.  They placed a boom  in the water to contain the oil spill,  put some divers in the water, started some big pumps, and by 5:30 the  vessel was floating again.  They also pumped out 200 gallons of diesel fuel from the boat’s tanks, along with 627 gallons of  contaminated  water. Although some  oil leaked into the canal, it could have been  much worse. Plus, if the vessel  had rolled any further into the  canal, it  could have totally blocked the canal for navigation.  
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Being refloated by pumps on dock
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Totally refloated. Surrounded by containment boom.
For the following five days, the situation was continuously monitored by DEP and  the City, until Wednesday when Towboat US towed the Renata to Riverbend Marine Center, where she was hauled out and demolition  started.
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At Riverbend Marine
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May she rest in pieces
Is that the end of the Saga of the Renata?  Not at all.  There’s another whole aspect to this case, namely: 

Are you really sure you want to rent your dock?
 

The Saga of the Renata, Part II

Based on conversations with several of the parties involved, the story is not over.   As it  turns out, the house where the Renata was docked was purchased by a group of partners within the last 12 months. The dock was being rented to the owner of  the vessel, and that rental arrangement continued with the new property owners  for a few months.  The vessel owner  then contacted them to advise that the boat was sold and that the new owner would be removing it from the dock.   And that’s the last they heard from anyone purporting to be the owner.   And of course, the  dock rent payments stopped, too.

 From a FLPD Marine Unit officer, the property owners obtained the name and address of a person who might be the owner, and tried to contact that  person by certified mail. The certified mail piece was returned as undeliverable.

The property owners then attempted to have the vessel removed by a marine towing company  and also tried to donate it to a charitable organization, without success.  No one would take the boat unless it was from the actual owner with the vessel’s title in hand.

In the meantime, the tenant who was renting the house from the property owners wanted the boat removed, and kept pressing the issue.  So the vessel was moved several houses down the canal to a friend’s house.  Several weeks later, after numerous complaints from neighbors, the Renata was moved back to the original house.

So the boat was tied up to the property owner’s dock, the tenant was complaining about it, Code Enforcement had started two cases on it, and the boat’s owner could not be located.  When the boat sank on April 11th, Code Enforcement declared the boat a  “Derelict Vessel,” which then made it a “nuisance” under the city code  Sec. 18-4(c),: 
 
Sec. 18-4. - Abandoned or derelict motor vehicles or vessels prohibited.
     It is declared unlawful and a public nuisance for any owner of  any motor vehicle or vessel to violate any of
     the provisions in this section or  for any property owner or occupant to allow a violation of this section to  exist. 

(c  )   No person shall park, leave or store any derelict vehicle or vessel upon any public  or private property except as
         otherwise provided in the Unified Land Development  Regulations. 

(d)     It  shall be the duty of the registered owner of the motor vehicle or vessel or the  property owner or property
         occupant to remove the abandoned or derelict vehicle  or vessel.


Plus, under section (d) above, it would appear that the property owner, as well as the vessel owner, has the responsibility to remove the vessel.  But the property owner can’t get it towed without the title . . . . . stuck between a rock and a hard  place.  Maybe it’s time to talk to a lawyer?
 
Let’s say you run an ad to rent your dock.  A guy calls, and says he wants to rent it for his older wood boat that  he’s restoring. He pays the rent for the first couple of months, then the rent payments stop and you can’t find  him.  Guess who’s problem the boat  just became? The possibility of its sinking, oil spill, hurricane season, neighbors  calling Code Enforcement, no title so you can’t get rid of it. . . . . And how about this: according to Code  Enforcement, it’s illegal to rent out your dock in the first place!  

More dock rental quandaries: Not long ago, the Waterfront Times had a  good article about some other issues when renting your dock. Here’s a link to it: Waterfront Times Article

 Considering all of the above,   

Are you really sure you want to rent your dock?


The SAGA of the RENATA,   Part III


How much did it cost, and who's going to pay for it?


Note:  The following information was compiled from  FLPD Police Reports, the Ft. Lauderdale City Website, and a public records request from the Florida DEP:

As you are about to see, the sinking of a 58 foot old wooden Chris Craft can be a very expensive incident.  Both the City of Fort Lauderdale, and the Florida Department of Environmental protection were involved in the refloating, cleanup, towing, and ultimate destruction of the Renata.

When the FLPD Marine Patrol officer arrived, he contacted Florida DEP who had one of their agents respond to the scene.   The DEP contracted with SWS Environmental Services, who subcontracted with Towboat US to refloat the vessel, while SWS removed the diesel fuel from the vessel’s tanks and removed the contaminated water surrounding the vessel

Additionally, the Fort Lauderdale Marine Facilities department obtained three emergency bids from salvage companies to take care of towing the boat and destroying it.  The low bidder was TowBoat US.  Due to the legal requirements of the applicable Florida statutes, the boat could not be towed away for (5) days, so the city also paid TowBoat US for a “watchstander” to monitor the boat on a 24 hour basis, and to occasionally run pumps to keep the boat from sinking again.  After the five day wait, Towboat US took the Renata under tow to Riverbend Marine where it was hauled and destroyed.

Here is a summary of the costs from the actual invoices:

Florida DEP costs:

            - DEP transportation costs:                                                           26.70
            - DEP personnel costs:                                                               334.80
            - Contractor SWS(incl.subcontractor Towboat US at $4995)          7554.79   


                                                                                         TOTAL:      $7,916.30
City of Fort Lauderdale costs:

            - Towboat US: hull repair, watchstander, towing, 

                       & demolition at Riverbend Marine                     TOTAL:$37,041.47

                                                                               GRAND TOTAL:  $44,957.77
                  
            

And who gets the bill?

The Florida DEP has billed the homeowner for DEP’s costs of $7,916.30.

The Fort Lauderdale Marine Facilities Department has applied for a “Derelict Vessel” grant from the Florida Inland Navigation District to cover some of the costs incurred by the city.  Although the grant paperwork has been submitted, the city has not yet been notified of the amount they will be awarded.  According to a memo by the Marine Facilities Director, “Marine Facilities will work with Marine Patrol to cite the upland property owner in an effort to recover unfunded expenditures.”   

The Fort Lauderdale Code Enforcement website says on July 12, 2013:
"MAILED COPY OF INVOICE FOR BOAT REMOVAL AND ASSOCIATED COSTS, TO OWNER OF RECORD" 
(We are requesting a copy of this invoice from Code Enforcement and will post it when received)

So it certainly appears that the homeowner is going to be responsible for most of the costs for the sinking of the Renata.

Coming soon:  The final part of the Saga of the Renata  

You can scroll through copies of the actual  invoices below:
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