The City of New Westminster wants Chief Skugaid to ship out from its berth on the waterfront.
Council has approved a staff recommendation to have the city solicitors pursue a Supreme Court order compelling the owner of the Chief Skugaid to remove the vessel from the water lot next to the Fraser River Discovery Centre.
"The Chief Skugaid poses significant safety and liability risks with respect to individuals accessing the vessel and with respect to it sinking, capsizing or catching fire - and possible damage to the esplanade," said a staff report. "There are a number of legal actions the city can pursue with respect to the Chief Skugaid trespassing on the city water lots."
Because "it could be implemented expeditiously" and "limit costs to the city", the city chose to pursue a Supreme Court order that would compel David Cobb to remove the Chief Skugaid from the city water lot and to refrain from reentering the site.
A staff report stated the legal costs for a Supreme Court order would likely range from $5,000 to $10,000, but the city could recover a "signification portion" of these costs from Cobb if the city is successful in obtaining the order.
According to the staff report, the City of New Westminster served Cobb with a notice to vacate on March 14, and issued him a further written notice on March 22 that stated the Chief Skugaid is trespassing on the city water lot and is in violation of the Trespass Act.
"In addition, Mr. Cobb was notified to remove the vessel from the site by March 25, 2013. He has not subsequently removed the vessel," said an April 8 report to council. "Instead, Mr. Cobb corresponded to staff stating he does not recognize the city's authority with respect to the city water lot and suggested the city proceed to court regarding this matter."
The staff report stated the New Westminster Police Department was investigating its authority to inspect the vessel, pursuant to the Canada Shipping Act in order to assess the marine safety of the vessel and to determine if anyone is living on the boat.
The report stated that vessels trespassing on mooring sites along the waterfront can pose a number of serious hazards relating to safety, liability, navigational hazards, crime, pollution and other matters.
Cobb spoke to The Record Wednesday afternoon after a six-person delegation carried out an inspection under the Shipping Act.
He said a New Westminster police officer, three Vancouver police officers and two Transport Canada representatives were aboard Chief Skugaid for about an hour, something he called a "distressing" turn of events.
"I am going to reserve comment until I can digest all this," he said about the inspection. "It's not no comment."
Cobb said he told the officials they could go to the Gunderson or Queensborough sloughs and find many other vessels in greater need of inspection than Chief Skugaid.
He said he was pleasant to officials taking part in the "random and promiscuous fact-finding mission" that had been ordered by the city.
According to Cobb, the officials looked at various items on Chief Skugaid including fire extinguishers, life rings and bilge pumps.
"This is absolute fascism. This is not democracy. This is not the will of the people," he said. "If they responded to the will of the populous, they would give me a dock and a brass plaque."
Chief Skugaid's colourful history has included stints as a halibut schooner, a rumrunner vessel during U.S. prohibition and a fish packer for the salmon and herring fleets.
Cobb was disappointed to learn council had unanimously approved a staff recommendation to pursue a Supreme Court order compelling him to move the vessel from New Westminster's waterfront.
"Council should be ashamed of themselves," he said. "This is the oldest working vessel on the B.C. coast, maybe Canada."
In March, Cobb relocated his 100-year-old fishing boat from the Larco (143 Cathedral Ventures Ltd.) foreshore site to the adjacent site in front of Fraser River Discovery Centre. The move to the site that was once home to Royal City Star riverboat casino came just days before a bailiff was set to tow the boat from the neighbouring site.
"I will push back through the courts," he said of his response to the city's legal action. "It will be a matter of debate and discussion. If there is a judgment under law, I am not going to be in contempt and defy it."
