(A) Subject to the limitation and restrictions herein set forth and all other laws, the City Council may from time to time grant leases, permits, and licenses under the provisions of this chapter subject to a written application and evidence that said applicant will comply with the provisions of this chapter.
(1) All applications for leases, permits or licenses under this chapter shall be directed to the Public Works Director.
(2) All leases, permits and licenses shall not be transferable in any way, but all benefits which may be derived therefrom shall accrue only to the person to whom the permit was originally issued by the Public Works Director with approval of the City Council.
(3) Leases, permits and licenses granted, hereunder, shall be subject to revocation in the event that the holder of such lease, permit or license violates any provision of this chapter or any other rule or regulation adopted pursuant to this chapter or any federal or state rule or regulation adopted for the purpose of protecting reservoirs and/or the water supply to the city.
(4) In the event that the city takes action to revoke a lease, permit or license, the holder of such lease, permit or license, shall be entitled to a minimum due process hearing before the Public Works Director, with an appeal of his or her decision to the City Council. City and the holder of the lease, permit, or license being challenged shall have the right to present witnesses; to be represented by counsel, and to create a record of such hearing for the purpose of any appeal to the City Council. Any decision of the City Council shall be subject to the Illinois Administrative Review Act.
(B) The Public Works Director shall require any applicant for any lease, permit or license, to complete a written application calling for information relevant to the identity of the applicant; the intended purpose or use of the property to be leased, the license or the permit; and, to do a reasonable, but limited, investigation into the qualifications and the accuracy of the application.
(C) It shall be unlawful for any person to build, erect, alter or maintain any building or other structure, or house trailer, including but not limited to, any dock, wharf, boathouse or anchored or stationary raft, or to propel, keep or use any boat or craft on said reservoirs or on any marginal land without first having obtained a permit so to do as hereinafter provided and it shall likewise be unlawful for any person, to build, erect, alter or maintain any building or other structure including, but not limited to, any dock, wharf, boathouse, or anchored or stationary raft, or to propel, keep or use any boat or craft on said reservoirs in violation of the terms and conditions of such license or permit or of the provisions of this chapter.
(D) A permit shall be obtained by any person intending to construct or alter any existing buildings or structures located on marginal. The application for the permit shall require the following information: the identity of the applicant. If the applicant is a partnership or organization, the identity of two responsible representatives or officers of the organization shall be identified by name, address, and telephone number; the purpose of the construction shall be identified; all construction shall be completed consistent with all applicable building codes, plumbing codes, electrical codes, public health codes.
(E) The Public Works Director has the authority to inspect all structures extending into water surface and to order them removed or repaired within a reasonable time should it be deemed unsafe. Should the city need to abate the problem the Public Works Director shall have the authority to bill the owner for any city incurred expenses. The Public Works Director shall use reasonable means to provide notice to the occupant and/or owner of the premises to be inspected and to conduct such inspections with the permission of such occupant or owner. In the event that such permission cannot be obtained, the Public Works Director may, in his or her discretion, apply to a court of competent jurisdiction or an order requiring the inspection.
(Ord. 2003-5160, passed 3-5-03)