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All persons desiring a grant, permit or license from the Department of Playground and Recreation to construct, maintain, replace, repair or operate any groin, jetty, breakwater, sea wall, pipe line, sewer, pier, wharf, building or other structure, other than public sewers and public storm drains, in, on, or out from any of the area over which the Department has or may acquire jurisdiction shall file with the Department of Playground and Recreation a verified application in writing on blanks to be furnished by said Department, which in addition to such other information as may be required by the Department, shall contain the following:
1. The true name and correct residence address of the person making such application; and, if the applicant is a corporation, the application shall be signed by the president and secretary of the corporation and the corporate seal shall be attached thereto;
2. A statement showing whether a lease, concession, license or permit is desired by the applicant;
3. An express acknowledgment and stipulation that the granting of any application by the Department of Playground and Recreation shall not be construed as a recognition by or estoppel against the City that title to the said lands is in the applicant or the owner named in said application; and that said application shall only be considered as a matter of record for said Department of the matters contained therein;
4. An express acknowledgment and stipulation that neither the applicant nor the City shall be bound by or limited by virtue of the application from claiming more or less lands than the amount thereof claimed in the application by reason of natural accretions or natural changes or avulsions in the high tide lines, or by mistake.
5. Applicants must provide as a part of each application a map giving the legal description, by bearings and distances of the upland or riparian property front which, or upon which, said structure is proposed to be constructed, maintained, repaired or operated. Said map and description shall show in relation to the property so described the location of the 1.95 contour Los Angeles City datum as found to exist at any certain time to be stated in the application, by a survey made within thirty days of said application.
6. Applicants must submit, as a part of each application, a plan of the proposed structure, giving the width, length, height and nature thereof, the manner of the proposed construction of the same showing the spacing between piers and piles and the size thereof, together with the materials to be used in constructing the same, and the location and direction of the center line thereof, by bearings and distances from the center line of some adjacent public street or highway; provided, that all of said structure must lie within the prolonged side lines of applicant’s property.
It shall not be necessary to obtain a permit to repair any structure mentioned in this article if such structure is now or may be hereafter maintained under a grant as provided in this article; provided, that the repair provided for in this section shall not affect or change the drift of sands, or alter the current of waters in a manner different from the effect such structure had on the current or drift of sands, or alter the current of the waters in a manner different from the effect such structure had on the current or drift prior to the arising of the condition necessitating such repair, and providing such repair shall only restore the structure to its original condition.
All applicants for such permits shall deposit with the Board of Playground and Recreation Commissioners a filing fee of Ten Dollars ($10.00) at the time of making such application, which sum shall be retained by the Board in the event such application is finally granted. In the event the application is denied, the Board shall return any and all deposits to the applicant.
The Board of Playground and Recreation Commissioners shall make an investigation of the plans and the location of the proposed or existing structure to determine whether the same will interfere or is interfering with any of the rights of the public. After an investigation and report by the Board there shall be a hearing upon the application. Notice of the hearing of the application, giving the time of and place at which the hearing is to be held, shall be mailed to the applicant at the applicant’s place of residence as contained in the application, at least ten days prior to the date of the hearing.
The Board of Playground and Recreation Commissioners, in the exercise of sound and reasonable discretion based upon compliance with the provisions of this article and based upon the effect the proposed or existing structure may have or has had upon any of the rights or interests of the public, and of its effect on the public beach land, may grant or deny any and all applications to construct, maintain, repair or operate any of the structures mentioned in Section 63.08 for which an application has been made; provided, however, that the Board of Playground and Recreation Commissioners must grant or deny any application within sixty days after the date of the filing of the same.
The Board of Playground and Recreation Commissioners shall have the power to suspend or revoke any grant issued under the provisions of this article, and during the suspension of any such grant, or after the revocation of the same, no person whose grant is suspended or revoked shall erect, construct, maintain or use any structure mentioned in the revoked or suspended grant.
The Board of Playground and Recreation Commissioners may, when a grant is revoked, or if the structure is maintained without a grant, order or cause the structure to be destroyed.
The Board of Playground and Recreation Commissioners shall follow the procedure outlined in Section 22.02 of this Code in revoking or suspending such grant. The said Board shall only have the right to revoke or suspend a grant when the holder thereof violates any of the provisions of this Code or the terms and conditions of the grant.
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