Effective - 28 Aug 2020
305.802. Derelict or abandoned aircraft discovered, airport superintendent duties — notification of owner. — 1. If a derelict aircraft or abandoned aircraft is discovered on airport property, the airport superintendent shall:
(1) Make a record of the date the aircraft was discovered on the airport property; and
(2) Inquire as to the name and address of any person having an equitable or legal interest in the aircraft, including the owner and any lienholders, by:
(a) Contacting the Federal Aviation Administration, aircraft registration branch, and making a diligent search of the appropriate records; or
(b) Contacting an aircraft title search company.
2. Within ten business days of receiving the information requested under subsection 1 of this section, the airport superintendent shall notify the owner and all other interested parties by certified mail, return receipt requested:
(1) Of the location of the derelict or abandoned aircraft on the airport property;
(2) That fees and charges for the use of the airport by the aircraft have accrued and the amount of those fees and charges;
(3) That the aircraft is subject to a lien under section 305.806 for any unpaid and accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft;
(4) That the lien is subject to enforcement under this section;
(5) That the airport may use, trade, sell, or remove the aircraft as described in section 305.804 if, within thirty calendar days after the date of receipt of the notice, the owner or other interested party has not removed the aircraft from the airport and paid in full all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft; and
(6) That the airport superintendent may remove the aircraft in less than thirty calendar days if the aircraft poses a danger to the health or safety of users of the airport, as determined by the airport superintendent.
3. (1) If the owner of the aircraft is unknown or cannot be found after the inquiry required under subdivision (2) of subsection 1 of this section, the airport superintendent shall place a notice upon the aircraft in a conspicuous place containing the information required under subdivisions (2), (3), (4), (5), and (6) of subsection 2 of this section.
(2) The notice required under subdivision (1) of this subsection shall be not less than eight inches by ten inches and shall be laminated or otherwise sufficiently weatherproof to withstand normal exposure to rain, snow, and other conditions.
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(L. 2020 H.B. 1963)