[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington 10-16-1984 by Ord. No. 1308 (Ch.
197 of the 1984 Code). Amendments noted where applicable.]
This chapter shall be known as the "North Arlington
Waterfront Ordinance."
A.
BOROUGH
CODE OFFICIAL
DEBRIS
DRIFT
FINAL ORDER
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 North Arlington.
The Construction Code Official of the Borough of North Arlington
appointed by the Mayor, and who may appoint, with the approval of
the Mayor, an authorized agent to act in his/her behalf.
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 vessel or
craft.
Either the order of the Code Official after the time to request a review thereof has lapsed, or the order of the Code Official issued as a result of the review requested in § 354-4.
The waterways which are capable of carrying interstate commerce,
and the tributaries thereto, within the geographical limits of the
Borough.
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.
B.
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.
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 by the removal and disposal of debris and deteriorated structures
on the shores of such waters, and liable to be washed into such waters.
[Amended 2-9-2006 by Ord.
No. 1953]
Whenever the Code Official 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 Code Official 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.
The order of the Code Official issued pursuant to § 354-4 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 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 Code Official issued pursuant to § 354-4 shall be served upon the occupant and the last known owner of record, if not such occupant, of the premises which are 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.
A.
Within 15 days after service of the order of the Code Official issued pursuant to § 354-4 or, under emergency, within such shorter time as the Code Official may prescribe, the person to whom such order is directed, or any person aggrieved thereby, may appeal to the Code Official to review the same. The Code Official or his/her agent after such review, in which all interested parties shall be afforded the opportunity to be heard, may affirm, modify or reverse the order of the Code Official as the facts may warrant.
B.
Unless the same is declared by a court of competent
jurisdiction to be arbitrary, capricious or not supported by substantial
evidence after review thereof, the order of the Code Official shall
be final and conclusive.
In the event that the persons to whom the order
of the Code Official is directed fail or refuse to comply with the
terms of such order within 30 days after such order has become final,
the Code Official 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 Code Official.
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 vessel upon any public land or waterway to or
upon any private property within the Borough without the prior written
permission of the Code Official, who is hereby designated by the Mayor
and 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 navigable
waterway within the Borough more than 10 consecutive days shall post
a surety bond in the amount of $25,000 with the Borough Clerk and
in favor of the Borough, said bond being issued by an insurance company
authorized to do business in the State of New Jersey.
In the event that a barge bonded in accordance
with the preceding section sinks or otherwise becomes unable to navigate
under its own power, the bond so posted shall be forfeited to the
Borough to aid in the removal of such barge from any river, riverbank
or navigable waterway within the Borough.
The surety on a bond issued pursuant to the
above section shall have the right to immediately cancel such bond
upon the removal of the barge from the rivers and riverbanks of the
Borough.
This chapter shall not apply to barges, ships
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.
