Article 8 — Health and Sanitation

6408 - Disposal of refuse.

No person shall throw, discard, discharge, or deposit any refuse, trash, sewage, or waste matter of any description upon the lands or into the waters of the Harbor or Outer Harbor or beach areas, or discharge or deposit any materials of any kind on or adjacent to the banks, shores, bulkheads, piers, wharves, or beaches of the Harbor or Outer Harbor where such material might be washed (or otherwise be deposited) into the waters of the Harbor or Outer Harbor by tides, floods, storms, waves, or accidental displacement.

(Ord. No. 4439, 8-9-2011)

6408-1 - Discharge of petroleum or paint products.

No person shall spill, discharge, deposit, or permit to pass into the waters of the Harbor, Outer Harbor, or beach areas any coal, tar, oil, gasoline, diesel, sludge, or residual products of coal, petroleum, asphalt, bitumen, or other carbonaceous material or substance or any varnish, paint, or similar insoluble products, nor shall any person allow such materials or substances to accumulate in a bilge where they could be accidentally discharged in to the waters of the Harbor or Outer Harbor.

(Ord. No. 4439, 8-9-2011)

6408-2 - Removal of refuse.

The Director may remove any refuse deposited into the waters of the Harbor or Outer Harbor. Any cost of removing such refuse may be recovered by the County from the person who cause such materials to be deposited into said waters in violation of Section 6408 of this Article.

(Ord. No. 4439, 8-9-2011)

6408-3 - Residing in the Harbor.

(Ord. No. 4439, 8-9-2011)

6408-3.1 - Registration and permits.

All persons intending to live aboard vessels within the Harbor for more than ten (10) days within any 30-day period shall so declare their intention and register with the Director and obtain a boat residence permit from the Director. All persons who have lived aboard vessels in the Harbor for ten (10) days within any 30-day period shall register with the Director and obtain a permit from the Director before the eleventh day of their occupancy. Boat residence permits shall be issued for a period of one year and must be renewed annually by persons continuing to live on vessels within the Harbor.

(Ord. No. 4439, 8-9-2011)

6408-3.2 - Permits and inspections.

Boat residence permits shall be issued by the Director. Permits and permit renewals shall be issued only after an inspection of the vessel to be used or being used as a residence. The vessel shall be inspected to determine seaworthiness and that facilities and equipment on the vessel for engine operation, fuel storage, cooking, electrical appliances, heating, sanitation, and fire prevention do not pose an immediate threat to public health, safety, and welfare. Upon an inspection and a determination that the vessel does not constitute an immediate threat to public health, safety and welfare, and upon payment of the boat residence permit fee as adopted by the Board of Supervisors in the Rent and Fee Schedule, the Director shall issue the boat residence permit. The Director shall place appropriate conditions in a boat residence permit to insure that public health, safety, and welfare are maintained during the life of the permit.

(Ord. No. 4439, 8-9-2011)

6408-3.3 - Regulations.

The Director is hereby authorized to adopt and promulgate regulations for vessels used as residences to ensure that such vessels are maintained in a manner that preserves the public's health, safety, peace, and welfare. A violation of such regulations or of the conditions of a boat residence permit shall be cause for revocation of a permit for using a vessel as a residence in the discretion of the Director.

(Ord. No. 4439, 8-9-2011)

6408-3.4 - Suspension and revocation.

Suspension.

Grounds. The Director is authorized to suspend a live-aboard permit in the event that there is reasonable cause to believe that either of the following circumstances exists:

The permittee knowingly made a false, misleading or fraudulent statement of a material fact in an application for the permit or in any report or record required to be filed pursuant to this chapter; or

The permittee violated any provision of this chapter, regulations adopted pursuant thereto, or any ordinance relating to the permitted activity.

Procedure. Upon determining that grounds for suspension of a permit exist, the Director shall give written notice of intent to suspend (including the grounds therefor) to the permit holder or, if the permit holder cannot be located after reasonable efforts are made by the Director to do so, the Director shall give reasonable notice to any person aboard the vessel and by mail to the address of the permit holder on file at the Harbor Master's Office. The suspension shall be effective sixty (60) days following the giving of such notice, during which period the Director shall give the permittee an opportunity to challenge the grounds for suspension and to present evidence on the permittee's behalf. The Director shall consider any such evidence and shall either rescind the notice of intent or impose the suspension on or before the aforesaid sixtieth day.

Revocation.

Grounds. The Director is authorized to revoke a live-aboard permit upon either of the following grounds:

If grounds for suspension exist pursuant Subsection A of this section and the permit has been suspended on two (2) or more prior occasions; or

The revocation is necessary for the immediate preservation of the public peace, health, or safety.

Procedure. Upon determining that grounds for revocation of a permit exist, the Director shall give written notice of intent to revoke (including the grounds therefor) to the permit holder or, if the permit holder cannot be located after reasonable efforts are made by the Director to do so, the Director shall give reasonable notice to any person aboard the vessel and by mail to the address of the permit holder on file at the Harbor Master's Office. The revocation shall be effective sixty (60) days following the giving of such notice, during which period the Director shall give the permittee an opportunity to challenge the grounds for revocation and to present the evidence on permittee's behalf. The Director shall consider any such evidence and shall either rescind the notice of intent or impose the revocation on or before the aforesaid sixtieth day.

Appeal. A decision by the Director to suspend or revoke a live-aboard permit pursuant to this section shall be appealable to the County Executive Officer. Any such appeal must be filed in writing with the Director within fifteen (15) days of the date of the suspension or revocation. The suspension or revocation shall be stayed while the appeal is pending, unless it is determined by the Director that immediate cessation of overnight occupancy of the vessel is necessary for the immediate preservation of the public peace, health, or safety. The appeal shall specify all grounds for the appeal. The County Executive Officer shall provide the permit holder an opportunity to present evidence on the permittee's behalf and to challenge the determination of the Harbor Director. Formal rules of evidence or procedure need not be followed. If the appeal is denied, suspension or revocation shall become effective three (3) days following the County Executive Officer's decision, which is final. There will be no appeal to the Board of Supervisors.

(Ord. No. 4439, 8-9-2011)