(a) The Director of Public Works may issue permits allowing encroachments upon city-owned or controlled areas of Marina Lagoon by the owners of abutting property. Said permits shall be for the construction and maintenance of improvements approved by the Department of Public Works including, but not limited to, docks, ramps, fences and slope treatment and are subject to the Regional Permit issued for such encroachments by the Army Corps of Engineers.
The Department of Public Works shall develop standards and procedures for the installation and maintenance of the approved encroachments, taking into consideration, among other things, the seasonal water levels.
Before any permit may be issued, the applicant shall:
(1) Submit plans of the proposed improvement;
(2) Submit evidence of insurance in an amount and form determined by the City Attorney to be sufficient to protect the City, its elective and appointive boards and commissions, officers, agents and employees from any liability which might arise from the presence of the improvements. The insurance shall be maintained in full force and effect as long as the improvements remain;
(b) Any person may appeal the decision of the Director of Public Works on a permit application under this Section by filing an appeal with the Sustainability and Infrastructure Commission within 10 days of the Director's notification of approval or denial. All appeals to the Commission shall be filed with the City Clerk and heard at the first regular meeting following receipt of said appeal and the decision of the Commission shall be final unless the appealing party files a subsequent appeal to the City Council in writing with the City Clerk within 10 days of the decision of the Commission. All appeals to the Council shall be final as to all matters.
All improvements permitted herein shall be maintained in a safe condition, be subject to inspection by the City, and may be required by the Director of Public Works to be physically identified by sign or number in a manner useful to City purposes. Any improvements which are found to be unsafe shall be declared a nuisance.
The Department of Public Works may, for reasons of health or safety, lapse of insurance, or City's need to use its property, cause the removal of any encroachment; provided however, that the permittee has been given notice in writing ten days prior to the intended removal. Such removal may be appealed through the same process described for encroachment permits. The cost of such removal shall be charged to the permittee.