Title 16.08 Article 5-Private Piers, Wharves and Docks Flashcards

1
Q

16.08.740 Pierhead and bulkhead lines established.

A

Pierhead and bulkhead lines are established for the Long Beach Marina area as the lines are shown on Drawing No. E-146, prepared by and on file in the office of the City Engineer, which drawing is entitled “Harbor Lines Alamitos Bay” and is dated April 2, 1951, as thereafter revised.

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2
Q

16.08.750 Construction beyond bulkhead or pierhead line

A

No person shall build, construct, erect, extend, or locate within, upon or over the waters of the Long Beach Marina area, beyond and channelward of the pierhead line, (as defined in Section 16.08.740) any float, pier, landing, wharf, open pile structure or device or structure of whatsoever kind or nature. This Section does not apply to any structure or device constructed, erected, or extended by the City. The Director may grant a permit for the erection or maintenance of a structure beyond the channelward of a pierhead or bulkhead line in cases where particular and unusual circumstances exist which would render compliance with this Section unduly burdensome or impractical.

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3
Q

16.08.760 Construction permit—Required.

A

No person shall construct, reconstruct or maintain any wharf, pier, landing, float, bulkhead, seawall or other structure of any kind whatsoever within the limits of the Long Beach Marina area therein, for the benefit or use of any private person without first obtaining a permit therefor issued by the Director. No person shall make any filling of any description at any point below the line of the mean high tide within the area; or dredge or excavate therein for the benefit or use of any private person without first obtaining a permit therefor issued by the City Council. Such permits shall be issued only to the fee owner of real property fronting on a waterway within the Long Beach Marina area or to a homeowner’s association as provided in Section 16.08.780 for a harbor structure in front of or adjacent to the real property. Prior to the issuance of any such permit, the applicant shall submit plans and specifications for each such structure, filling, dredging or excavation to the Director or City Council, whichever is applicable, for approval and shall obtain a coastal development permit from the California Coastal Commission. Each such structure shall conform to the minimum structural requirements of “Plans and Specifications No. R-4858/Revised 10/94, for the Erection of Structures Channelward of the Bulkhead Lines in the Long Beach Marina Area in the City of Long Beach, California”.

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4
Q

16.08.760 Construction permit—Required.

A

Each applicant for a permit under the provisions of this Section shall pay a plan check and an inspection fee as prescribed in regulations enacted pursuant to Section 16.08.970

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5
Q

16.08.760 Construction permit—Required.

A

Any permit issued by the Director or the City Council pursuant to this Section shall be void unless the permittee, within sixty (60) days from the date of issuance thereof, commences construction of the structure or operation authorized thereby and proceeds diligently and in good faith therewith or obtains a written extension of time from the Director.

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6
Q

16.08.760 Construction permit—Required.

A

Each holder of a structure permit issued pursuant to this Section shall pay to the City an annual inspection fee as prescribed in regulations enacted pursuant to Section 16.08.970

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7
Q

16.08.760 Construction permit—Required.

A

If any permittee fails or refuses to commence and diligently prosecute to completion any repairs to a harbor structure as ordered by the Director within the time specified thereof and additional inspections of the harbor structure are required, the permittee shall pay to the City a reinspection fee for each occasion the harbor structure is inspected for compliance with the order of repair in an amount prescribed in regulations enacted pursuant to Section 16.08.970

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8
Q

16.08.760 Construction permit—Required.

A

No annual inspection fee shall be required in private marinas on private property.

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9
Q

16.08.760 Construction permit—Required.

A

Permits issued pursuant to the provisions of this Section and Section 16.08.850 will automatically terminate upon a sale of the permittee’s interest in the real property unless the permittee requests the same be transferred and the approval of the Director is first obtained. The permittee shall promptly notify the Director of the transfer of ownership, the effective date thereof, and pay to the City a transfer fee as prescribed in regulations enacted pursuant to Section 16.08.970

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10
Q

16.08.760 Construction permit—Required.

A

In the event any permittee shall fail or refuse to pay when due any annual inspection fee or transfer fee, the Director shall cancel said permit for which payment is delinquent unless the permittee requests, in writing, and is granted by said Director, an extension of time for payment. Upon cancellation of any permit, the permittee shall remove or cause to be removed the structure and discontinue the activities authorized by said permit within the time specified by the Director. In the event said permittee shall fail to remove the structure and discontinue the activities as directed within the time specified by the Director, the Director shall have the right and authority to immediately remove any such harbor structure at the permittee’s cost.

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11
Q

16.08.770 Construction permit—Application

A

Except as provided in Section 16.08.780, only the fee owner of real property who resides upon the real property fronting on any waterway in the Long Beach Marina area may apply for and have issued to him a permit pursuant to Section 16.08.760 to construct and maintain a pier, float, or seawall mooring in front of and adjacent to the real property of the owner. Nothing contained in this Section shall be construed as creating an interest in property or the waters of the Long Beach Marina area which can be transferred or otherwise disposed of except in accordance with the provisions of Section 16.08.760.

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12
Q

16.08.780 Construction permit—Homeowner’s association.
In the event a subdivision of lands or the conversion of a building to a condominium, community apartment, stock cooperative project or a time share ownership and the: (i) subdivision or building fronts on a waterway in the Long Beach Marina area; (ii) consists of ten (10) or more residential units; and (iii) the Director determines that the residents could more effectively and efficiently be served by a common pier, brow and float structure or structures, a permit for said common structure or structures may be issued by the Director pursuant to Section 16.08.760 subject to the following findings and conditions:

A

An association has been formed by the several owners within said subdivision, condominium, community apartment, stock cooperative project or time share project, which association will be legally responsible for the construction, administration and maintenance of said common structure or structures, and which association shall be responsible for compliance with all provisions of law including this Chapter, as to matters relating to said structure.

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13
Q

16.08.780 Construction permit—Homeowner’s association.
In the event a subdivision of lands or the conversion of a building to a condominium, community apartment, stock cooperative project or a time share ownership and the: (i) subdivision or building fronts on a waterway in the Long Beach Marina area; (ii) consists of ten (10) or more residential units; and (iii) the Director determines that the residents could more effectively and efficiently be served by a common pier, brow and float structure or structures, a permit for said common structure or structures may be issued by the Director pursuant to Section 16.08.760 subject to the following findings and conditions:

A

The design of said structure or structures is approved by the Director.

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14
Q

16.08.780 Construction permit—Homeowner’s association.
In the event a subdivision of lands or the conversion of a building to a condominium, community apartment, stock cooperative project or a time share ownership and the: (i) subdivision or building fronts on a waterway in the Long Beach Marina area; (ii) consists of ten (10) or more residential units; and (iii) the Director determines that the residents could more effectively and efficiently be served by a common pier, brow and float structure or structures, a permit for said common structure or structures may be issued by the Director pursuant to Section 16.08.760 subject to the following findings and conditions:

A

The association shall agree to provide the Director with a list of all members of the association, all vessels assigned mooring rights at said structure or structures, including the slip assignment of each vessel and the name and residence address of each vessel owner or his agent within ten (10) days of any change of association membership, mooring assignment, or ownership of a vessel.

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15
Q

16.08.780 Construction permit—Homeowner’s association.
In the event a subdivision of lands or the conversion of a building to a condominium, community apartment, stock cooperative project or a time share ownership and the: (i) subdivision or building fronts on a waterway in the Long Beach Marina area; (ii) consists of ten (10) or more residential units; and (iii) the Director determines that the residents could more effectively and efficiently be served by a common pier, brow and float structure or structures, a permit for said common structure or structures may be issued by the Director pursuant to Section 16.08.760 subject to the following findings and conditions:

A

If the association’s charges for use of said structures are limited to those amounts needed to compensate the association for expenses actually incurred for construction, maintenance, repair, replacement, operation, and security, the fees payable pursuant to Subsections 16.08.760.B, 16.08.760.E, and 16.08.760.F shall be the noncommercial rates prescribed in regulations enacted pursuant to Section 16.08.970

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16
Q

16.08.780 Construction permit—Homeowner’s association.
In the event a subdivision of lands or the conversion of a building to a condominium, community apartment, stock cooperative project or a time share ownership and the: (i) subdivision or building fronts on a waterway in the Long Beach Marina area; (ii) consists of ten (10) or more residential units; and (iii) the Director determines that the residents could more effectively and efficiently be served by a common pier, brow and float structure or structures, a permit for said common structure or structures may be issued by the Director pursuant to Section 16.08.760 subject to the following findings and conditions:

A

No commercial use may be made of any slip or any part of said structure or structures except by separate permit issued by the City Council upon the recommendation by the Director.

17
Q

16.08.780 Construction permit—Homeowner’s association.
In the event a subdivision of lands or the conversion of a building to a condominium, community apartment, stock cooperative project or a time share ownership and the: (i) subdivision or building fronts on a waterway in the Long Beach Marina area; (ii) consists of ten (10) or more residential units; and (iii) the Director determines that the residents could more effectively and efficiently be served by a common pier, brow and float structure or structures, a permit for said common structure or structures may be issued by the Director pursuant to Section 16.08.760 subject to the following findings and conditions:

A

The Director shall be authorized to limit and specify the number and type of vessels that may utilize said structure or structures.

18
Q

16.08.790 Dangerous wharves or piers.

A

The Director shall notify the permittee of any wharf, dock, or pier or his agent, in writing, of the defective or dangerous condition of any such wharf or pier. Such person shall repair the same or cause its complete removal within sixty (60) days thereafter. The person shall promptly erect fences or other barriers to prevent persons from using or going upon the same until it is repaired or removed. The Director may put up fences or such other barriers as may be necessary for the protection of the public or the Director may remove such structures at the expense of the permittee.

19
Q

16.08.800 Removal of debris.

A

In the event any privately owned wharf, dock or pier, or any portion thereof, or any material on such wharf, dock or pier falls into the waters of the marinas, it shall be the duty of the permittee or his agent to remove the material from the waters, and if he fails to do so, the Director may remove or cause the same to be removed and the cost thereof shall be paid upon demand by the permittee.