With the exception of those uses and structures identified in the city's comprehensive
plan and land development regulations as being conforming, approved dune crossovers
to the beach, temporary sun shelters, sand fences and existing piers in existence
on September 20, 2001, all seawalls (bulkheads) and other structures mentioned in
this article, extending easterly of the seawall line as herein established as of the
date of passage of this article, are hereby declared nonconforming uses and structures.
Destruction of fifty (50) percent or more of any such nonconforming use or structure,
as determined by the city building inspector, shall terminate such rights as the owner
thereof may have to replace the same without regard to the seawall line herein established,
and in such event, the owner of each bulkhead, structure, or use shall remove the
remaining portions thereof. Upon refusal of the owner to comply with this requirement
for removal of the balance of such partially destroyed seawall, structure, or use
within ninety (90) days from receipt of a request from the city building inspector
so to do, the city commission may declare the same a hazard and order the same removed
by the public works department. Such failure on the part of the owner shall constitute
a violation of this article, subjecting such owner to penalty set forth in section 5-49.1 hereof.
