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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.
The Board of Playground and Recreation Commissioners in the issuance of any grant may impose therein any and all reasonable terms and conditions that the Board may in its discretion determine to be necessary for the preservation of public beaches, public beach lands and the waterfront areas of the City.
In case the Board of Playground and Recreation Commissioners deny any application for a grant under Section 63.08 within thirty (30) days after written notice to the applicant of the denial of the application, any applicant claiming that the action of the Board of Playground and Recreation Commissioners is arbitrary or unreasonable, may appeal from the decision of the Board to the City Council. The City Council shall consider said application and the facts or the circumstances surrounding the same, and the reason for denial of the grant and, if the City Council shall in its discretion determine that the action of said Board is unreasonable and arbitrary, the City Council may issue such grant on the terms and conditions to be prescribed by the Council, provided such terms and conditions do not violate any State law or Charter provisions concerning beach lands, tide lands or waterfront property, and provided further that such terms and conditions prescribed by the Council do not violate the provisions of this article relating thereto.
If any person now owns or maintains any structure on any public beach land or water over which the Board of Playground and Recreation Commissioners now has or may hereafter acquire jurisdiction and said structure has been erected under and pursuant to a grant issued by the State of California, the County of Los Angeles, or any municipality now existing, or formerly existing within the County of Los Angeles, the same may be maintained in its present condition until the expiration of the time specified in the grant. After the grant under which any such structure was erected has expired, a renewal of such grant must be secured from the Board of Playground and Recreation Commissioners in the manner outlined in this article and subject to the terms outlined therein. Any existing structure, built under a grant issued by the State of California, County of Los Angeles, or any municipality now existing or formerly existing in the County of Los Angeles, on lands that are now under the control of, or that may hereafter be under the control of the Playground and Recreation Commissioners of the City of Los Angeles, and which grant does not specify the length of time for which said grant was to run, shall expire twenty (20) years from the date of the issuance of the grant.
However, any existing structure hereinbefore mentioned in this section may be repaired and maintained in the manner specified in the original grant without the necessity of obtaining a new grant from the Board of Playground and Recreation Commissioners until the expiration of the life of the grant, as above mentioned, but such structure cannot be maintained or repaired in a manner that differs from the manner specified in the original grant for the construction of the same, and, if any such existing structure is now being maintained, or has been repaired, or the grantees or their successors hereafter attempt to maintain or repair such structure in a manner that differs from the original grant in any way that will affect or change the drift of sand, or alter the current of water, the owners of such existing structure must obtain a grant from the Board of Playground and Recreation Commissioners to maintain such existing structure in its present condition and a grant must be obtained in the event that any attempt is made to repair such existing structure in a manner that will alter the current of water or change the drift of sand in a manner different from the original drift of sand or flow of current. The Board may deny said application if in the exercise of a reasonable discretion the Board of Playground and Recreation Commissioners determines after an investigation, that the particular structure for which an application is being made has been repaired and is now being maintained or it is sought to repair or maintain a structure in a manner different from the construction of the same in its original grant and the present or contemplated condition of the structure is or would be such that it would change the current of the water or the drift of the sand in a manner different from the manner in which the original structure would affect the current or drift.
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