The city shall have the right to regulate the use of all bays, inlets
or waterways within the city limits and the conduct of all persons using same,
consistent with and not in conflict with federal or state laws or regulations.
All ordinances of the city regulating the conduct of persons on land shall
apply to persons using the waterways within the city insofar as same are properly
applicable.
A.
Whenever a public street or thoroughfare is laid out
or existing in the city abutting or touching a bay, inlet or waterway open
to public use, the city as trustee for the public, has and owns riparian rights
at such place where such public street or thoroughfare abuts or touches the
waterway. The city shall have the right to regulate the use of the waters
adjacent to such place and to construct docks, public landings, piers or wharves
at such places in accordance with law.
B.
Whenever a street, laid out and existing in the city,
ends at a waterway in the city, the portion of such dead-end street abutting
the waterway is hereby declared to be public property, and the city shall
have the right to regulate the use of the waters adjacent to such place and
to construct docks, public landings, piers or wharves at such place.
C.
When any plat is filed for record showing streets dedicated
to public use laid out, touching or abutting any waterways used by the public,
it is hereby declared that the portion of such dedicated street touching or
abutting upon such waterways in the city shall be public property, and the
city shall own and hold for the use of the public and shall pass rules and
regulations governing the use of the same.
D.
Public access. Where the public has established an accessway
through private lands to lands seaward of mean high tide or water line by
prescription, prescriptive easement or other legal means, development or construction
shall not interfere with such right of access unless a comparable alternative
accessway is provided. The developer shall have the right to improve, consolidate,
or relocate such public accessways so long as they are:
[Added 4-17-1990 by Ord.
No. 90-07]
(1)
Of substantially similar quality and convenience to the
public.
(2)
Approved by the local government and approved by the
department of natural resources whenever improvements are involved seaward
of the coastal construction line, if applicable.
(3)
Consistent with the coastal management element of the
Comprehensive Plan and adopted pursuant to F.S. § 163.3178.
All watercraft docked, moored or tied to land, docks, piers or wharves,
abutting the public waterways in the city shall observe all the health and
sanitary regulations of the city and all ordinances of the city relating to
the conduct of persons and prohibiting acts contrary to public health, morals,
safety or public peace, including ordinances prohibiting disorderly conduct
and loud and boisterous noises which disturb the peace of the neighborhood.
A.
Prohibition. It shall be unlawful for any person to have,
keep, maintain or permit within the city any seawall or marine structure which
will impede the normal flow of watercraft traffic or will become hazardous
to people or hazardous to people swimming or engaging in other water sports
or which constitutes a hazard to other seawalls or property.
B.
Periodic inspections, notice. It shall be the responsibility
of the Commissioner of Community Improvement or his designated representative
to periodically inspect the condition of all seawalls and marine structures
in the waters within the city, and should he find any of the same, or any
portion thereof, to be hazardous to the public safety, boating or swimming
purposes, or to constitute a hazard to other seawalls or property, he shall
notify the Mayor, who shall in turn give notice to the owner to repair or
reconstruct the hazardous seawall or marine structure. The notice shall specify
the nature of the defect and in general terms the repairs or reconstruction
required. The notice shall further provide that the repairs or reconstruction
shall be accomplished either within 60 days or any other reasonable time from
the date of the notice. The Mayor or his representative is authorized to grant
an extension of an additional 30 days upon the showing of a reasonable cause
for such extension.
C.
Failure to repair. If the property owner has not commenced
with the repairs or reconstruction of the seawall or marine structure within
the time allowed, the Commissioner of Community Improvement shall so report
to the Commission and request the adoption of a resolution by the Commission
authorizing the work to be done and the cost assessed against the abutting
property in accordance with the procedure for the levying of special assessments.
At the public hearing for the confirmation of the ordering resolution, the
property owner may present evidence that the repairs or reconstruction specifications
are not necessary or that the condition of the seawall or marine structure
does not constitute a hazard.
D.
Permit required. Before the erection, construction or
alteration of any seawall or marine structure or any part thereof a permit
shall be obtained. There shall first be submitted to the Department of Community
Improvement an application for a permit, together with detailed specifications
for such structure, showing the location of such contemplated structure or
alteration in conjunction with adjoining lands, waters and channels, including
existing seawalls, and such other plans and structural drawings as may be
reasonably required by the Department of Community Improvement.
E.
Standards for construction or alteration. All seawalls,
marine structures and retaining walls constructed or altered shall be of construction
in compliance with minimum standards and specifications prepared by the Department
of Community Improvement, approved by the Commission, and on file in the Department
of Community Improvement. Any such minimum standards and specifications shall
provide that any seawall or marine structure constructed on property adjacent
to an existing seawall or marine structure shall be so constructed that it
connects to the adjoining seawall or marine structure in such a manner that
there will be no opening between the two.
