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(a) The lack or disrepair of retaining works and structures on property adjoining the harbor which cause or potentially cause interference with the free, convenient and safe navigation 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.
(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 a condition exists requiring construction of retaining works or structures on parcels of land adjoining the Harbor, or repair of existing retaining works or structures on parcels of land adjoining the Harbor, the Director, or the Director’s designee, shall cause written notice to be served by certified mail on the owner of the parcel of land, or the owner’s agent, ordering the construction or repair of retaining works or structures. The notice shall describe the unsafe condition or disrepair and the corrective measures to be taken, provide the date by which the work is to be completed, 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. As used in this section, “retaining works or structures” shall include but are not limited to wharves, docks, walls, bulkheads and revetments.
(d) If the requirements of the notice are not observed 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 work done at the expense of the owner and, if the owner does not pay the cost of the work, refer the cost of the work 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)