[HISTORY: Adopted by the Borough Council of the Borough of Carteret
11-4-1982 as Ord. No. 82-18. Amendments noted where applicable.]
This chapter shall be known as the "Waterfront Ordinance."
A.
When not inconsistent with the context, words used in
the present tense include the future, and words used in the singular shall
include the plural number. The word "shall" is always mandatory and not merely
directory.
B.
BOROUGH
DEBRIS
DRIFT
ENFORCEMENT OFFICER
FINAL ORDER
GOVERNING BODY
NAVIGABLE WATERS
PERSON
PREMISES
WATERFRONT, SHORE or BANK
Unless otherwise expressly stated, the following words
and phrases shall have the meanings respectively ascribed to them in this
section:
The Borough of Carteret.
Any loose material not attached to the land or to any structure and
which is capable of becoming drift.
Any floatable material which may cause damage to vessels or craft.
The Construction Official of the borough.
Either the order of the enforcement officer after the time to request a review thereof has lapsed or the order of the governing body issued as a result of the review requested in § 263-6 of this chapter.
The Mayor and Council of the Borough of Carteret.
The waterways which are capable of carrying interstate commerce,
and the tributaries thereto, within the geographical limits of the Borough
of Carteret.
Any individual, firm, partnership, association, corporation, company
or organization of any kind.
The land, building, wharf, pier, dolphin, boom, weir, breakdown,
bulkhead, jetty or other structure, and shall include all or any as may be
necessary.
That portion of the land which borders navigable waters and which
lies shoreward of the established harbor lines or low-water mark within the
corporate limits of the Borough of Carteret.
The general purpose of this chapter is the elimination of sources of
drift and debris which constitute possible obstacles or hazards to existing
navigation on the navigable waters of this borough, including removal and
disposal of debris and deteriorated structures on the shores of such waters
and liable to be washed into such waters.
Whenever the enforcement officer has reasonable grounds to believe that
debris placed or deposited on the banks of any navigable water is liable to
be washed into such navigable water by any cause whatsoever and thereby be
or become a source of drift likely to hinder, impede or otherwise obstruct
navigation or the condition of any wharf, pier, dolphin, boom, weir, breakdown,
bulkhead, jetty or other structure on or bordering on the shores of any navigable
water is so dilapidated and deteriorated as to be or become a source of drift
or debris liable to be washed into such navigable waters by any cause whatsoever
and thereby likely to hinder, impede or otherwise obstruct navigation, the
enforcement officer may declare the same to be a public nuisance and thereupon
order that the same be removed, abated, altered or repaired as such order
may specify.
A.
The order of the enforcement officer issued pursuant to § 263-4 of this chapter shall be in writing, directed to the occupant and last known owner of record, if not such occupant, of the premises which is the subject of the complaint and shall specify whether the condition complained of shall be removed, abated, altered or repaired.
B.
The order of the enforcement officer issued pursuant
to this chapter shall be served upon the occupant and the last known owner
of record, if not such occupant, of the premises which is the subject of the
complaint either by personally delivering a copy of such order to such occupant
and last known owner of record or by registered mail addressed to such persons
at their last known address.
Within fifteen (15) days after service of the order of the enforcement officer issued pursuant to § 263-5A or, under emergency, within such shorter time as the enforcement officer may prescribe, the person to whom such order is directed, or any person aggrieved thereby, may appeal to the governing body to review the same. The governing body, after such review, at which all interested parties shall be afforded the opportunity to be heard, may affirm, modify or reverse the order of the enforcement officer as the facts may warrant. Unless the same is declared by a court of competent jurisdiction to be arbitrary, capricious or not supported by substantial evidence, the order of the governing body, after review thereof, shall be final and conclusive.
In the event that the persons to whom the order of the enforcement officer
or final order of the governing body, whichever the case may be, is directed
fail or refuse to comply with the terms of such order within thirty (30) days
after such order has become final, the enforcement officer shall, without
further notice to any person, take or cause to be taken the necessary action
to remove, abate, alter or repair the nuisance as specified in the order of
the Director. The costs and expenses incident thereto shall be a personal
charge against the occupant and last owner of record, if not such occupant,
of the premises affected and all appurtenances thereto.
No person shall abandon any flat-bottomed boat, barge, scow, raft or
other vessel upon any public land or waterway or to or upon any private property
within the Borough of Carteret without the prior written permission of the
enforcement officer, who is hereby designated by the Borough Council to perform
this function.
A.
Bond required for anchorage over ten (10) days. The owner
of any occupied or unoccupied barge which is to be docked in or on the banks
of any river or navigable waterway within the Borough of Carteret for more
than ten (10) consecutive days shall post a surety bond in the amount of twenty-five
thousand dollars ($25,000.) with the Municipal Clerk and in favor of the Borough
of Carteret, said bond being issued by an insurance company authorized to
do business in the State of New Jersey.
B.
Forfeiture of bond; reimbursement. In the event that
a barge bonded in accordance with the preceding subsection sinks or otherwise
becomes unable to navigate under its own power, the bond so posted shall be
forfeited to the Borough of Carteret to aid in the removal of such barge from
any river, riverbank or navigable waterway within the Borough of Carteret.
C.
Bond cancellation upon removal of vessel. The surety
on a bond issued pursuant to the above shall have the right to immediately
cancel such bond upon the removal of the barge from the rivers and riverbanks
of the Borough of Carteret.
This chapter shall not apply to barges, ships or boats owned or operated
by an industrial facility or independent contractor engaged by them while
in the course of a substantial ongoing operation or common carriers engaged
in interstate or foreign commerce, nor shall it apply to pleasure craft used
on a seasonal basis.
Any person who violates this chapter by abandoning any flat-bottomed boat, barge, scow or raft without permission shall be subject to the penalties prescribed by Chapter 264 of the Public Laws of 1969 (N.J.S.A. 12:7C-1 et seq.), as amended and supplemented.
