Article 6 — MOORING AND BUOY PERMITS

No person shall place, erect or construct moorings or buoys in the waters of a harbor without first having obtained from the Director a permit therefor. The Director will consider issuance of a permit upon written

application signed by the registered owner of the vessel to be moored or by an agent so authorized in writing. The work described in the permit must be completed within sixty (60) days after issuance thereof. If work cannot be completed within a prescribed period then permittee shall notify the granting authority in writing of the time frame required for completion of work. Failure to complete work within the permitted time frame may result in revocation of the permit.

(Ord. No. 99-21, § 1, 8-31-99)

No permit shall be issued for a mooring or buoy except:

(1)

In accordance with standard plans and specifications approved by the Director, or

(2)

Unless other plans and specifications for said mooring or buoy have been submitted by the applicant, showing the construction of said proposed mooring or buoy together with the location thereof, and the same meet the requirements established in this article and have been approved by the Director. Appeal may be made to the Commission from the Director's denial or cancellation of any such permit.

(Ord. No. 99-21, § 1, 8-31-99)

Each such permit shall be subject to the following conditions which shall be printed on the permit form:

(1)

Said permit may be canceled at any time for violation of any condition of the permit or any provision of this article upon giving five (5) days' written notice to the permittee by first-class mail to the address shown on the permit;

(2)

Upon cancellation, it shall be the duty of the owner of said mooring or buoy to immediately remove the same;

(3)

If not removed within thirty (30) days, said mooring may be removed by the Director and the cost thereof shall be paid by the owner of said mooring, and the same may be collected in any court of competent jurisdiction;

(4)

If said mooring is not occupied by a vessel authorized by the permittee, it may be temporarily assigned by the Director as a mooring for guest vessels;

(5)

If not used by the owner for a period of ninety (90) consecutive days, it shall become the property of the County unless such time has been extended in writing, provided that any such extension shall not exceed ninety (90) additional days, and thereafter such mooring shall automatically become the property of the County to be removed or sold and, if sold, all proceeds of such sale are to be paid to the County's CSA 26;

(6)

No mooring may be leased or rented or sold by the permittee to another person except with the written permission of the Director.

(Ord. No. 99-21, § 1, 8-31-99)

Fees for permits issued under this article shall be paid in amounts and at times as provided by resolution of the Board of Supervisors.

(Ord. No. 99-21, § 1, 8-31-99)

When the owner is in arrears for a period of thirty (30) days or more, the Director may, at his/her option, cancel the permit upon five (5) days written notice to the permittee by first-class mail to the address shown on the permit. If the mooring is not removed by the owner within thirty (30) days after cancellation of the permit, it shall be deemed abandoned and title thereto shall vest in the County in favor of County's CSA 26.

(Ord. No. 99-21, § 1, 8-31-99)

Any applicant for a permit shall be deemed thereby to agree that the vessel to be anchored or moored to said moorings shall be assessed as personal property in Orange County and shall pay all personal property taxes on said vessel in the County of Orange during the time said mooring is maintained by him/her.

(Ord. No. 99-21, § 1, 8-31-99)

No person shall use a mooring unless he/she holds a current and valid permit therefor, except with the permission of the Director for temporary use as herein provided.

(Ord. No. 99-21, § 1, 8-31-99)

Any permit issued hereunder constitutes a privilege to use part of a limited water area for mooring purposes only and is not transferable. Mooring equipment remains the property of the permit holder unless forfeited as herein provided.

(Ord. No. 99-21, § 1, 8-31-99)

Secs. 2-2-91—2-2-100. - Reserved.