Whenever the Director of Environmental Services 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 or deteriorated as to be or
potentially 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 of
Environmental Services 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 of Environmental Services issued pursuant to § 194-4 of this article 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 of Environmental Services issued pursuant to § 194-4 of this article 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 addresses.
Within 15 days after service of the order of the Director of Environmental Services issued pursuant to § 194-4 of this article or, under emergency, within such shorter time as the Director of Environmental Services may prescribe, the person to whom such order is directed or any person aggrieved thereby may appeal to the Director of Environmental Services to review the same. The Director of Environmental Services 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 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 of Environmental Services, after review thereof, shall be final and conclusive.
In the event that the persons to whom the order of the Director
of Environmental Services is directed fail to refuse to comply with
the terms of such order within 30 days after such order has become
final, the Director of Environmental Services 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 of Environmental Services. 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 debris or other tangible item of
any kind, other than a vessel, upon any public land or navigable waters
or to or upon any private property within the City of Hoboken without
the prior written permission of the Director of Environmental Services,
who is hereby designated by the City Council to perform this function.
This article shall apply to any and all debris or other tangible
item.
Any person who violates this article shall be subject to the
penalties of not less than $100 and not more than $2,000 and/or imprisonment
of not more than 90 days. Said penalties shall be in addition to payment
of any and all costs and fees associated with the removal of the debris
or other tangible item.
