Maintenance

All property owners must maintain their seawalls, bulkheads, living shorelines, or other shoreline protection structures or elements in good repair. A shoreline protection structure is presumed to be in disrepair if it allows for upland erosion, transfer of material through the barrier/wall, or allows tidal waters to flow unimpeded over or through the barrier/wall to adjacent properties or the public right-of-way. Property owners with seawalls, bulkheads, living shorelines, or other shoreline protection structures or elements below the minimum required finished elevation, with permeable erosion barriers such as riprap or a land/water interface of another nature, are prohibited from allowing tidal waters entering their property to flow to adjacent properties or public rights-of-way. Privately owned waterfront improvements shall be privately maintained, even though a portion of the improvement may extend into publicly owned land. Failure by the owner to keep the above-mentioned improvements in a state of repair acceptable to the building department or failure to prevent tidal waters from flowing overland or through the above-mentioned improvements to adjacent properties or the public right-of-way shall be subject to enforcement as set forth in chapter 2, article X of the City Code, entitled "Code enforcement," and may be brought for further proceedings before the code enforcement board. Repairs or construction of improvements to correct any violation of this article must meet the requirements of subsection 29-89(a)(4) of the City Code and the department of resilience and public works' current design and construction standards and minimum finished elevation requirements for the length of the property. Upon citation for noncompliance of this section, the owner of the property on which the improvements that are in disrepair or are allowing the flow of tidal waters over or through it to adjacent properties or public rights-of-way is required to begin abating such condition within 180 days by retaining a licensed contractor to apply for a building permit and diligently pursue issuance of the same to begin repairs within 18 months and to complete repairs with all applicable permits finalized within 24 months from the date of the citation. However, for those improvements designed to be incrementally raised in accordance with subsection 29-89(a)(4) of the City Code, it is required to begin repairs within 12 months and to complete repairs with all applicable permits finalized within 18 months from the date of the citation.

The department of resilience and public works is permitted to extend these timelines in six-month increments upon good cause shown and reasonable progress towards compliance being diligently pursued by the property owner. Reasonable progress towards compliance may include, but is not limited to, hiring a licensed contractor, submitting a building permit application, diligently pursuing the issuance of a building permit with the applicable departmental disciplines charged with review of the same, and any acts evidencing progress towards the actual construction of the repaired or new improvements. Should the property owner adhere to the timeframes set forth in this section (including any extensions granted by the department of resilience and public works), then notwithstanding the provisions of subsection 2-817(d) of the City Code, the property owner shall be entitled to a complete mitigation of any fines accrued pursuant to this section. The foregoing shall not be an exclusive remedy and the city may at its option additionally institute a civil action to enforce the provisions in this chapter.

(Code 1967, § 27-35; Code 1980, § 29-55; Ord. No. 13315, § 2, 3-8-12; Ord. No. 13980, § 3, 3-25-21)

Secs. 29-96—29-120. - Reserved.