This chapter shall be known as the "Waterfront Ordinance."
The general purpose of this chapter is the elimination of sources of
drift and debris which can constitute possible obstacles or hazards to existing
navigation of the navigable waters of the City of Garfield by the removal
and disposal of debris and deteriorated structures on the shores of such waters
and liable to be washed into such waters.
Whenever the Director 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
any source of drift likely to hinder, impede or otherwise obstruct navigation;
or that the condition of any wharf, pier, dolphin, boom, weir, breakdown,
bulkhead, jetty or other structure on or bordering on the shore 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
Director may declare the same to be a public nuisance and thereupon order
the same to be removed, abated, altered or repaired, as such order may specify.
The order of the Director issued pursuant to §
337-4 of this chapter shall be in writing, directed to the occupant or last known owner of record, if not such occupant of the premises which are the subject of the complaint, and shall specify whether the condition complained of shall be removed, abated, altered or repaired.
The order of the Director issued pursuant to §
337-4 herein shall be served upon the occupant or the last known owner of record, if not such occupant of the premises which are the subject of the complaint, either by personal delivery of a copy of such order to such occupant or last known owner of record or by registered mail addressed to such person at his last known address.
Within 15 days after service of the order of Director issued pursuant to §
337-4 herein or, under emergency, within such shorter time as the Director may prescribe, the person to whom such order is directed or any other person who aggrieved thereby may appeal to the Director to review the same. The Director, or his designee, 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 Director, as the facts may warrant.
In the event that persons who are served with an order fail to or refuse
to comply with the terms of the order within 30 days after the order has become
final, the Director 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 or last owner of record,
if not such occupant of the premises affected and all appurtenances thereto.
No person shall abandon any flat-bottom boat, barge, scow, raft or vessel
upon any public land or waterway to, or upon any private property within,
the City of Garfield without the prior written permission of the Director
who is hereby designated by the City Council to perform this function.
The owner of any occupied or unoccupied barge which is to be docked
in or on the banks of any river or on a navigable waterway within the City
of Garfield for more than 10 consecutive days shall post a surety bond in
the amount of $25,000 with the City Clerk in favor of the City, said bond
being issued by an insurance company authorized to do business in the State
of New Jersey and in a form acceptable to the Director.
In the event that a barge bonded in accordance with §
337-10 herein sinks or otherwise becomes unable to navigate under its own power, the bond posted shall be forfeited to the City to aid the removal of such barge from any river, riverbank or navigable waterway within the City of Garfield.
The surety on a bond issued pursuant to the above sections shall have
the right to immediately cancel such bond upon the removal of the barge from
the rivers and riverbanks of the City of Garfield.
This chapter shall not apply to barges, ship or boats owned or operated
by 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 Laws of 1969, N.J.S.A. 12:7C-1 et seq., as
amended and supplemented.