Rule 391-5-12-.06. Removal of Docks

1. (1) Removal of the dock may become necessary if:

   1. (a) The dock is in such a state of disrepair that it is unsafe for use and the owner does not repair it as provided in the permit.
   2. (b) The owner fails to comply with all terms and conditions of the permit.
   3. (c) The owner fails to obtain a permit or fails to renew an existing permit.
   4. (d) The permit is revoked.

2. (2) Upon determination that a dock must be removed, the Division shall:

   1. (a) Notify the owner in writing of a date by which the dock is to be removed.
   2. (b) If the dock is not removed by the specified date, the Division shall remove the dock and the owner shall be responsible for all costs.
   3. (c) After the dock has been removed, the owner is responsible for restoring said property to its condition as the same existed prior to the construction of the dock.
3. (3) The Division may seek civil penalties with fines up to $1,000 for non-compliance. O.C.G.A. Sec. 12-3-11. See 391-5-12-.08 for appeals.

Authority: O.C.G.A. Sec. 12-3-34.

History. Original Rule entitled "Removal of Docks" adopted as ER. 391-5-12-0.27-.06. F. Oct. 28, 1993; eff. Oct. 27, 1993, the date of adoption.

Amended: Permanent Rule of same title adopted. F. May 5, 1994; eff. May 25, 1994.

Repealed: New Rule of same title adopted. F. June 24, 2009; eff. July 14, 2009.