§ 42-8. Maintenance or damage to permitted structures.

A. 

The permittee, who shall erect, cause to be erected or maintain any structure or mooring pursuant to this chapter, shall keep such structure in good repair and condition at all times so that it will not become a hazard to navigation, to persons using the same or to the environment and shall maintain in force the insurance required by § 42-6C. Upon finding that there is reasonable cause to believe that such permittee has failed to comply with this section, the Commissioner of Buildings may forthwith suspend any permit issued under this chapter for a period not to exceed 30 days, and after a hearing, on notice mailed to such permittee's last known address at least 10 days prior to such hearing, the Town Board may revoke such permit and order the permittee, or the owner of the upland, to repair or remove such structure in a period of time not to exceed 30 days. Such order may authorize the removal of such structure by the Town after the expiration of this period, in which case the cost of removal shall be charged to such permittee, or the owner of the upland, or both.

B. 

In the event of damage to a permitted structure, the permit holder will not be required to obtain a new permit if:

(1) 

The damage is less than $5,000;

(2) 

The structure is to be repaired to the same specifications as described in the existing permit and said structure complies with all provisions of this chapter; or

(3) 

The permit holder has a valid permit issued by the Town and said structure is within the limitations of the permit.

C. 

If damage to a permitted structure is equal to, or exceeds, $5,000, the permit holder is required to notify the Commissioner of Buildings and the Director of Harbor and Marine Enforcement, in writing, that the structure has been damaged and that repairs will be made. The notice shall include a statement under oath from the permit holder, certifying that the repaired structure will be of the same specifications as described in the existing permit and that it complies with all provisions of this chapter. Upon receipt of this notice, the Commissioner of Buildings shall, within five business days, make a determination as to whether the structure complies with all provisions of this chapter and poses no threat to health or safety. If the permit holder cannot comply with the conditions as set forth in this section, or if the Commissioner of Buildings determines that said conditions have not been met, then a new permit shall be required.