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Magistrate orders removal of derelict 1979 sailboat; owner incarcerated
Summary
A Charlotte County magistrate found a derelict 24-foot sailboat registered to Artem Korshuk in violation and ordered removal within 21 days, authorizing the Sheriff’s Office to remove or destroy the vessel with costs recoverable from the owner.
The Charlotte County special magistrate found that a 1979 C&C 24-foot sailboat registered to Artem Korshuk was derelict and ordered its removal within 21 days.
Gail Gursky, a certified code compliance officer, offered photographs into evidence and identified the case (DVDash26Dash00001). Deputy Jonathan Smith of the Charlotte County Sheriff’s Office testified that his January patrol located the vessel hard-aground in Charlotte Harbor/Peace River and that the cabin was secured and unoccupied. "At that time, the vessel was hard to ground, unable to extract itself, without mechanical means," Smith said. He added that he tagged the vessel for dereliction and notified the owner; he also said he believed the owner remained in custody at the time of the hearing.
The magistrate ruled the county had proven the violation and ordered removal in 21 days. "If the vessel is not removed by respondent after 21 days, CCSO is authorized to remove or cause to remove any derelict vessel from the public waters of the state and destroy said vessel," the magistrate said in issuing the order. The ruling notes that all costs of removal, destruction and disposal are recoverable against the owner.
Provenance: county photographs and sheriff’s testimony were admitted as Charlotte County Composite Exhibit 1; the magistrate entered the order on the record and specified the 21-day compliance period.
