(a) The existence of obstructions in the harbor that cause or potentially cause interference with the use and enjoyment of the harbor constitute a public nuisance which may affect or endanger the health, safety and welfare of the public. The Director of Port Control, or the Director’s designee, shall investigate and take appropriate measures to cause the abatement of any nuisance found to exist with obstructions in the harbor.
(b) No person shall fail or refuse to comply with an order issued by the Director of Port Control, or the Director’s designee, as provided in this section.
(c) Whenever the Director of Port Control, or the Director’s designee, determines that there exits an obstruction within the limits of the harbor constituting a nuisance to be removed, the Director, or the Director’s designee, shall cause written notice to be served by certified mail on the owner of the lot or land bounding or abutting the harbor where the obstruction is located, or the owner’s agent, ordering the removal of the obstruction. The notice shall describe the obstruction, provide the date by which the obstruction is to be removed, and contain such additional information as the Director, or the Director’s designee, deems necessary. The notice shall be addressed to the owner, or the owner’s agent, at their last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods. If it appears by the return of the certified mail notice that the owner or owner’s agent cannot be found, notice shall be served by publication of the notice once in a newspaper of general circulation in the City.
(d) If the obstruction is not removed by the owner or the owner’s agent within the time period specified in the notice, the Director of Port Control, or the Director’s designee, may have the obstruction removed at the expense of the owner, and, if the owner does not pay the cost of the removal, refer the cost of the removal to the County to be assessed against the property and thereby made a lien upon it and collected as other taxes.
(Ord. No. 1606-11. Passed 3-19-12, eff. 3-22-12)