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 constitute possible obstacles
or hazards to existing navigation on the navigable waters of this
Village 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 a 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 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 Director 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 Director issued pursuant to §
385-4 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 Director issued pursuant to §
385-4 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.
Within 15 days after service of the order the Director issued pursuant to §
385-6 or, under emergency, within such shorter time as the Director may prescribe, the person to whom such order is directed, or any person aggrieved thereby, may appeal to the Director to review the same. The Director or his agent 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. 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 Director, after review thereof, shall be final and conclusive.
In the event that the persons to whom the order
of the Director is directed fail or refuse to comply with the terms
of such order within 30 days after such 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 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 Village without the prior written
permission of the Director of the Department of Public Works, who
is hereby designated by the Village Board of Commissioners 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 Village for more than 10 consecutive days shall
post a surety bond in the amount of $25,000 with the Village Clerk
and in favor of the Village, 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
Village to aid in the removal of such barge from any river, riverbank
or navigable waterway within the Village.
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 Village.
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.
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 Public Laws
1969 (N.J.S.A. 12:7C-1 et seq.), as amended and supplemented.