§ 11.08.010. Permit camping areas.

(a)

Seasonal and Overnight or Weekly Permit Areas. The Lake Committee, with the approval of the Mayor, is hereby authorized to designate certain areas on the north side of Lake Vandalia for seasonal permit areas to be used for camping sites, and certain areas on the south side of Lake Vandalia to be designated as overnight or weekly permit camping areas.

Said areas shall be laid out in lots properly numbered and a plat of said areas shall be filed with the City Clerk.

Said camping areas shall be designated as follows:

A.

Seasonal permits not to exceed one (1) lot shall be granted for a term beginning March 1 on any calendar year and ending on March 1 of the next succeeding year, upon proper application made on application forms to be provided by the City, which said application shall be filed with the City Clerk, accompanied by a payment of the rental fee in advance by the applicant, provided that all permits shall first be approved by the Lake Committee. The rental fee to be charged for each lot shall be determined by the City Council and all permits shall terminate on March 1 of the next succeeding year. The annual rental fee is due and payable by March 1 of each year. Failure to pay the rental fee may result in termination of the lease by declaration of the City Council by a motion made in a regular meeting. If the annual rental fee has not been paid by March 1, the amount thereof shall be increased by fifty dollars ($50.00) for any month or part thereof that the fee remains unpaid past the due date.

The City Clerk is hereby authorized to issue a permit to said applicant, which said permit shall be subject to all rules and regulations established by this title, and other Ordinances herein referred to.

B.

Overnight or weekly permit areas shall be divided in lots and overnight or weekly permits shall be granted for a period not to exceed one (1) month upon proper application being made on application forms to be provided by the City, accompanied by the payment of the rental fee to be determined by the City Council.

Permits may be granted by the any duly authorized agent of the City and shall be subject to all rules and regulations established by this title and all Ordinances referred to in this title.

(b)

Purpose of Permit Camping Areas. The purpose of camping lot permits is to provide opportunities for camping, waterside recreational activities and the quiet enjoyment of the outdoors on an overnight, a weekly, a monthly or upon an annual basis. A permit is a conditional right and privilege subject to termination without refund upon a determination by the Lake Committee, sitting as a hearing body, that there has been an improper use of the permit area. The permit holder is responsible for activities carried out upon the holder's permit, lot or lots, by person present with the permit holder's express or implied permission. The fact that the persons present with such express or implied permission may have carried out activities totally inconsistent with the permission or understanding of a permit holder shall not affect the responsibility of permit holder for each and all of such activities, which responsibility shall be non-delegable. All permits issued shall be for purposes as hereinabove provided and shall be subject to the following restrictions, each and all of which may subject the permit holder to termination of his permit upon determination by the Lake Committee that the following enumerated restrictions have been violated: (Ord. 1995-7-17-B)

(c)

A.

No permanent structure shall be erected and no trailer shall be placed on a permanent foundation on any lot (Ord. 1973-7-2-C). No more than one (1) roofed unit (tent, trailer, or other enclosed structure on skids) suitable for or used for human habitation shall be placed on a lot (Ord. 1970-2-2-A). Any roofed unit other than a tent shall have a functioning sanitation holding unit, a functioning restroom, a functioning kitchen area and shall have a minimum floor area of 200 square feet.

Upon the granting of an Accessory Building Permit by the Lake Committee, one (1) accessory structure may be placed or erected upon a lot. It shall have a floor area not to exceed 100 square feet and shall be completely enclosed. It shall be used for storage purposes only and shall be placed within twenty (20) feet of the roofed unit suitable or used for human habitation. The accessory structure shall be of such design and construction and so located as to not detract from the appearance of either the lot upon which it is located or the lots adjacent therefor (Ord. 1973-7-2-C).

B.

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on any of the permit areas any human or animal excrement, garbage, or other objectionable waste, and it shall be unlawful to discharge any sewage or other polluted waters in said area.

C.

It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage, except a sanitary holding tank constructed and installed pursuant to the following rules:

(1)

A permit to install a holding tank shall first be obtained from the Fayette County Health Department or the City of Vandalia.

(2)

The tank shall be of a type and by a manufacturer approved by the Illinois Department of Public Health.

(3)

Tanks shall be located as directed by the City of Vandalia and in no case closer than one hundred (100) feet from lake water level, and the bottom of the tank shall never by lower than elevation five hundred twenty-eight (528).

(4)

The top of the holding tank shall be a minimum of twenty-four (24) inches below grade and a clean out and inspection tile with a tight cover shall be installed to existing grade level.

(5)

All joints below level shall be sealed with asphalt flashing cement and the tank must be water tight.

(6)

Tanks shall be inspected by the City Building Official before backfill is completed.

(7)

Tanks shall be pumped out when contents are one (1) foot below tank lid. This shall be done by a City authorized pumper only, at the permit holder's expense. This shall be the lessee's responsibility and lessee shall be subject to a fine and loss of the permit if this rule is not complied with.

Tanks become the property of the City of Vandalia upon installation and may not be removed without the written consent of the City. Camping trailers equipped with toilet facilities, consisting of a closed chemical toilet, properly equipped for storage of all waste and disposal thereof, shall be permitted; however, said facilities shall be subject to inspection by the City and said facilities shall be kept in a sanitary condition and shall be periodically cleaned, at the expense of the owner, by persons or corporations authorized by the Lake Committee which said persons or corporations shall be equipped with proper equipment and facilities so as to not cause pollution to the lake. (Ord. 1970-2-2-A)

D.

No grading shall be done upon any permit area, dredging of the lake adjacent to any residential lot, nor shall any tree exceeding four (4) inches in diameter be cut or removed until the plans for grading, dredging or removal of the tree have been approved by the City of Vandalia unless waived by the Lake Committee and a written memorandum thereof prepared, signed by the Chairman of the Lake Committee and maintained in a file of the Clerk of the City of Vandalia created for such purpose.

E.

All permit sites shall be kept neat and clean, free of all weeds and underbrush and the permit owner shall remove, in a sanitary manner, all paper, garbage, rubbish, cans, bottles and debris.

F.

The City of Vandalia shall not be responsible for any damages caused to the property of the permit holder, nor shall the City be responsible for any damages arising from any accident occurring on the permit location held by them, and dock or pier adjacent thereto.

G.

No permit issued shall be transferred by the holder.

H.

A permit holder of the lot assigned to him is responsible for enforcing all rules and Ordinances pertaining to said lot.

I.

The use of a permit lot shall at all times be carried out in such manner as to allow, and not interfere with, the peaceful enjoyment by others by their permit lots; the use of a permit lot in such manner as to prevent or interfere with the peaceful enjoyment by others of their permit lot shall be an improper use and shall constitute a basis for revocation of the permit. Loud music and the presence of persons whose activities, comings and goings, conduct and demeanor intrude upon other permit holders' quiet use and occupancy of their permit lots is prohibited conduct and shall be a sufficient basis for permit revocation. (Ord. 1995-7-17-B)

J.

Not less frequently than once every twelve (12) months, the then owner of a permit camping lot which has a holding tank shall file or cause to be filed with the City Clerk a current certificate of compliance pertaining to the sanitary holding tank by a person or entity recognized by the Lake Committee as qualified to grant certification. Such certification for an existing system shall be filed annually on or before the first day of September.

(d)

Automatic Right of Renewal. That lessees of annual lease lots on the North side of Lake Vandalia shall have an automatic right of renewal if exercised by the lessee by payment as directed by the City Clerk on or before March 1 of the lease year.

A.

No lease may be sublet or sub-assigned and any purported subleasing shall automatically terminate the lease with the City of Vandalia. Fayette County residents shall have preference in obtaining camping lots when the same become available, but the preference shall only control if they are willing to pay the asking price sought by the lessee for the improvements constructed upon the lease lot. Each lessee shall maintain on file with the City Clerk proof of costs incurred in the purchase (not maintenance) of improvements carried out upon the lease lot. (Ord. 1991-5-6-A)

B.

The City Clerk shall annually purge the old list and prepare a new list, based upon chronological date of application therefore, of persons who desire to be assignees of City of Vandalia annual lease lots. Only person whose names appear on this list may be assignees. Fayette County residence and non-residence shall be noted as to each person upon the list. (Ord. 1991-5-6-A)

C.

In the event an existing lessee desires to assign his, her or their lease lot, said lessee shall determine the asking price for the improvements, which shall exclude any constructed dock, holding tanks, wells, porches or pads, or any other fixed structure, but may include the value of any non-fixed structure, and advise the City Clerk of said amount. The City Clerk shall thereafter advise the persons on the Clerk's list, in the chronological order in which their names have been placed upon said list, of the availability of assignment of said lease lot, and the price therefore. All Fayette County residents shall be contacted before non-Fayette County residents are contacted. (Ord. 1991-5-6-A)

D.

Each person on the list in chronological order may accept and agree to pay the price within a period of five (5) days. If no one on the list is willing to pay the price set by the lessee, as the proposed sale price of improvements, then the lessee must remove all improvements and in no event may lessee remove any fixed structure, removal to be completed within fifteen (15) days of notice so to do. (Ord. 1991-5-6-A)

E.

No assignment shall be completed until after payment of the transfer fee (see Section 11.16.020(c), Transfer Fee), to be paid by assignor, upon the books of the City Clerk relating thereto. No assignment may be made based upon agreement between lessee and the proposed assignee until the name or names of the proposed assignee-lessee have been submitted to and approved by the City Council in open meeting. The City Clerk shall have no right to approve or disapprove any proposed assignment to a specific assignee-lessee. (Ord. 1991-5-6-A)

(e)

Revocation of Seasonal Permits. If the Lake Committee or the City Clerk shall receive a written complaint or complaints as to activities upon a permit lot believed to be in violation of the use restrictions upon such use, the complaint or complaints shall be set for hearing before the Lake Committee in the City Council Chambers within twenty-one (21) days. Not less than ten (10) days prior to hearing, the City Clerk shall give notice thereof to the permit holder and provide the permit holder with a copy of the written complaint or complaints. The City Clerk shall further give notice to persons holding neighboring permits and to all persons filing complaints and to any other persons who have asserted to the City Clerk or Lake Committee that he, she or they are aggrieved parties, or otherwise wish to be heard with regard to the complaint or complaints.

The hearing shall be conducted as a judicial inquiry but the strict rules of evidence shall not be enforced. All persons present shall have an opportunity to be heard. All complainants shall be heard first together with any witnesses in support of the claim or claims of use violations. Thereafter the permit holder and any persons testifying in defense of the charge of use violation shall testify.

The presiding officer shall have the power to administer oaths. All testimony shall be directed to the Lake Committee. There shall be no comments between or among persons appearing and testifying. No person shall have the right to testify more than once except upon the express approval of the presiding Lake Committee Officer, who shall be the Lake Committee Chairman or his or her designee.

If the Lake Committee may recess to deliberate upon the completion of the offering of testimony but shall vote to revoke in open meeting.

If the Lake Committee shall by a simple majority of those present determine that there has been a violation of the restrictions set forth in Section 11.10.010(b), then the Lake Committee shall find and so declare in writing, and upon such written declaration, the seasonal permit shall be thereby revoked, and the former permit holder shall have no right, title or interest in the prior lease permit area, and shall have to right to occupy the same, either personally or through others, and shall have up to sixty (60) days to accomplish sales, transfer or removal of any improvements, all as otherwise provided. (Ord. 1995-7-17-B)

(Ord. No. 1997-3-3-A, Art. 4(4.1), 3-3-1997; Ord. No. 1999-7-19-B, § II, 7-19-1999; Ord. No. 1999-8-2-B, § I, 8-2-1999; Ord. No. 2000-12-4-G, § II, 12-4-2000; Ord. No. 2001-1-15-B, § I, 1-15-2001; Ord. No. 2001-7-16-C, § I, 7-16-2001; Ord. No. 2012-11-5-A, § I, 11-5-2012; Ord. No. 2016-2-1-A, §§ II, III, 2-1-2016)