It shall be the duty of every beachfront property owner to ensure that:
(A) The property is maintained in a manner that does not compromise the integrity of the public beach renourishment; and
(B) Any eroded areas of the beach that are on private property and landward of the perpetual easement line are brought into compliance with local, state, and Federal requirements if directed by the city. A property is considered to be compliant when the seaward most elevation of the property matches the elevation of the renourishment. Any action by the owner that compromises the integrity of the renourishment or failure of the property owner to maintain adequate elevation landward of the renourished beach is hereby deemed a nuisance. It is within the discretion of the Code Enforcement Officer, in consultation with the U.S. Army Corps of Engineers or any other entity conducting beach renourishment, to determine affected properties, the permissible options for eliminating the nuisance (which may include sand fill, dune restoration, or structural solutions), the necessary elevation, or any other necessary actions the owner must take to preserve the integrity of the public beach seaward of their property. Once the Code Enforcement Officer has made a determination that a property is in violation, the property owner has the burden of showing that the property has been brought into compliance through an elevation survey or through other action required by the Code Enforcement Officer.
(Ord. 31-17, passed 12-12-17)