(a) All structures on the waters of Lake Lure, either new or existing, prior to the adoption of the ordinance from which this section is derived, shall require a lake structure certificate and tag issued in accordance with this section. All owners of existing structures deemed in compliance with sections 6-51, 6-53, 6-55 through 6-57 and 6-61 will be issued a lake structure certificate and accompanying tag after the lake structure administrator receives the lake structure certificate fee and approves the property owner's lake structure certificate application. The tag must be attached to the lake structure so it is visible from the water before December 1, 1994, and be renewed every five years. Therefore, any structure not having a lake structure tag attached by December 1, 1994, shall be considered in violation of this article. Any boathouse which cannot qualify for a certificate and tag either because it is not in compliance with this section, or because it is not in the same ownership as the upland lot, shall be removed at the owner's expense. Owners of upland property who fail to comply with this section shall be ineligible to receive a boat permit.
(b) The property owner shall be responsible for maintaining all lake structures covered by this article in good repair. The town shall have the authority to condemn any lake structure due to decay, disrepair, or any hazardous condition. The property owner will be given a written notice and 90 days to comply with the town council's determination. If the owner fails to appeal to the town council for a hearing or comply with their determination, council may revoke their lake structure certificate and accompanying tag (if one had been issued) and remove the structure at the property owner's expense.
(c) The purpose of a lake structure permit is to ensure compliance with the lake structures regulations, and is not in the nature of a building permit, which is additionally required. Neither the issuance of a lake structures permit nor the failure of the town to inspect said lake structure periodically and reissue a lake structure permit, or revoke a lake structure permit, or take action to condemn a lake structure, shall imply warranty or constitute either a contract or assurance that any lake structure is safe for the general public because it has a lake structure permit.
(Code 1989, § 94.08; Ord. of 8-9-1994; Ord. of 10-20-1998; Ord. of 9-9-2003; Ord. of 8-14-2007; Ord. of 4-12-2006)