(a) Any private access existing on the date of the adoption of this article and which is for any reason noncompliant herewith or any private access which, subsequent to the adoption of this article, becomes noncompliant herewith is hereby determined to be a nonconforming beach access ("nonconforming access"). Owners with a nonconforming access should bring the access into compliance with the specifications herein within six months following the date of adoption of this article or six months following that date the access becomes noncompliant subsequent to the adoption of this article. A nonconforming access may continue to be used during said six-month period. Following the expiration of this six-month period, a nonconforming access may no longer be used and access to the beach will only be permitted through an access that complies with this article. Use of any nonconforming access following this six-month period shall be a violation of this article, and subject to the civil and/or criminal penalties set forth herein.
(b) Any owner who fails to bring a private access into compliance with the regulations of this article shall have a period of two years from the date of adoption of this article or the date the access becomes noncompliant subsequent to the adoption of this article either to bring such private access into compliance or completely remove the nonconforming access. This two-year period in no way permits the continued use of a nonconforming access beyond the six-month period referenced herein.
(c) Any and all improvements, repairs, remodeling, relocation, expansion or other alteration of any private access shall be subject to the provisions of this article. Any expenses to bring a nonconforming access into compliance herewith shall be the sole responsibility of the owner. Any expensesto remove a nonconforming access shall be the sole responsibility of the owner.
(Ord. No. 2006-1103, 11-17-2006; Ord. No. 2015-0601, 6-19-2015)
Editors Note—Ord. No. 2006-1103, adopted Nov. 17, 2006, repealed § 10-126, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 10-126 pertained to existing private accesses. See Code Comparative Table for derivation.