Belvedere Municipal Code Ch. 16.16 Structures in Inundated Land

STRUCTURES IN INUNDATED LAND

Sections:

The following words and phrases, when used in this Title, shall, for the purpose of this Title, have the meanings respectively ascribed to them in this Section:

A. “City property” means all property owned by the City, including inundated lands, shown as owned by the City on the county assessor’s parcel map.

B. “Dredging or excavating” means the removal of earth and/or plant material in inundated lands with the use of a mechanical scooping or suction device designed to deepen or widen harbors, mooring and berthing areas, and waterways.

C. “Person” means and includes natural persons, corporations, partnerships and all associations of persons of every kind and character. (Ord. 99-4 § 1(A), 1999; Ord. 143 NS § 7, 1966.)

The governing body of the City finds that a substantial area in the City limits consists of lands inundated, or from time to time inundated, and that indiscriminate filling of such lands, excavating or placing piling or other structures therein or thereon can create a hazard to persons and property riot only in the immediate area thereof, but furthermore, by changing the action of currents, tides and movements of water by various means, can create a hazard to other lands in the City and to the occupants thereof and, therefore, that the public health, safety, welfare and convenience require that the filling or excavating of such lands or placing of piling or other structures in such places should be so regulated as to eliminate such hazards if possible and, otherwise, should be prohibited. (Ord. 143 NS § 1, 1966.)

It is unlawful for any person to fill or cause to be filled any inundated lands or lands within the corporate limits of the City that are subject to inundation, or to dredge or excavate therein, or to construct any piling or other structure thereon or therein without first obtaining a permit from the City as hereinafter provided. (Ord. 99-4 § 1(B), 1999; Ord. 143 NS § 2, 1966; prior code § 11-1.)

An application for the permit referred to in Section 16.16.030 shall be filed with the City Clerk and the applicant shall at the time of filing the application pay to the City Clerk such filing fee as shall hereafter be fixed by City Council resolution to cover the City’s cost of investigating the application. The application shall be accompanied by two sets of plans and specifications showing the proposed fill, the materials to be used therein, the method and procedures to be used for such filling, and the bulkheads, revetments or other structures to be installed to hold such fill in place; and, if the application be for excavation, the location, area and depth thereof and the place in which the excavated material will be placed; and, if the application be for placing piling or other structures therein, plans and specifications therefor showing the size, materials, location and depth to which the same will be imbedded. Within five days from the receipt of such application and fee, the City Clerk shall submit the application and accompanying papers to the City engineer who shall, within fifteen days thereafter, either grant or deny the permit or grant it upon such conditions, to be stated in the permit, as are deemed necessary to effect the purpose of this Chapter. The City engineer shall forthwith notify the applicant of his action and the applicant, if he is dissatisfied with the action of the City engineer, may within five days thereafter file with the City Clerk a notice of appeal accompanied by a list of the names and addresses of all owners of property abutting on the Bay or other inundated land within a distance of one thousand feet on each side of the property which applicant purposes to fill or place pilings or other structures therein. The appeal shall be accompanied by such filing fee as shall be hereafter fixed by City Council resolution. The City Clerk shall set such appeal for hearing before the City Council on the second succeeding regular meeting. after the date of filing such appeal and shall mail written notice of such hearing at least ten days prior thereto to all such property owners. The hearing may be continued from time to time, and at its conclusion the Council shall make its findings and shall grant or deny the application or grant it on such terms as it, in its discretion, deems necessary for the protection of the public health, welfare and safety. (Ord. 82-5 § 8, 1982; Ord. 143 NS § 3, 1966; prior code § 11-2.)

In taking action upon the application, the City engineer shall take into consideration all pertinent matters concerning the proposed fill, excavation, piling or other structure which may affect the public health, safety and welfare. He shall deny the application if he finds from the evidence, in accordance with sound engineering practice, that the fill, excavation, piling or other structure will create a hazard to persons or property in the immediate area, or because of change of movement of waters, or for other reasons, will create a hazard to persons and property in any other portion of the City. If he decides that such operations may under certain conditions be carried out, he may grant the permit on such conditions. (Ord. 143 NS § 4, 1966; prior code § 11-3.)

The hours during which dredging or excavating in inundated lands may occur shall conform to those set forth in Section 16.04.015. Any dredging or excavating that occurs outside of the prescribed times without prior written authorization by the City Manager shall subject the responsible person to a fine of $100 per occurrence and an immediate cease and desist order. Three violations of this Section by any person operating under a permit issued pursuant to this Chapter shall be grounds for the immediate revocation of the permit. (Ord. 99-4 § 2, 1999.)

If the work authorized by any permit is not commenced within six months from the date of issuance, the permit shall automatically expire. (Ord. 143 NS § 5, 1966; prior code § 11-4.)

It is unlawful to operate any dredging device within the corporate City limits without a properly functioning muffler for noise suppression. (Ord. 99-4 § 3, 1999.)

Nothing in this Chapter, or in any permit granted hereunder, shall be deemed to authorize the doing or commission of any act contrary to the terms or provisions of any other ordinance of this City or without any license or permit required by any such other ordinance. (Ord. 143 NS § 6, 1966; prior code § 11-5.)

A. Any person, firm or corporation who violates any of the provisions of this Chapter shall be punishable as provided in Chapter 1.12 of this Code

B. Any person, firm or corporation who shall commence any work for which a permit is required by this Chapter without first having obtained such permit shall pay an amount equal to five times the permit fee established by the City Council. This provision shall not apply to emergency work when it shall be proved to the satisfaction of the City engineer that such work was urgently necessary and that it was not practical to obtain a permit before commencement of such work. Whenever the City is required to obtain an inspection warrant, all costs necessary to secure such warrant shall be borne by the property owner. (Ord. 99-4 § 1(C), 1999; Ord. 143 NS § 8, 1966.)