[1979 Code § 25-1; Ord. No. 21-32 § 1]
This chapter shall be known as the "Waterfront Ordinance."
[1979 Code § 25-2; Ord. No. 21-32 § 2]
As used in this chapter:
Shall mean any loose material not attached to the land or
to any structure and which is capable of becoming drift.
Shall mean the Director of the Department of Public Works
or his designee.
Shall mean any floatable material which may cause damage
to vessels or craft.
Shall mean either the order of the Director after the time to request a review thereof has lapsed, or the order of the Director issued as a result of the review requested in subsection 22-4.4.
Shall mean the waterways which are capable of carrying interstate
commerce, and the tributaries thereto, within the geographical limits
of the City.
Shall mean the land, building, wharf, pier, dolphin, boom,
weir, breakwater, bulkhead, jetty, or other structure and shall include
all or any as may be necessary.
Shall mean 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 City.
[1979 Code § 25-3; Ord. No. 21-32 § 3]
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 City by the
removal and disposal of debris and deteriorated structures on the
shores of such waters, and liable to be washed into such waters.
[1979 Code § 25-4; Ord. No. 21-32 § 4]
Whenever the Director has reasonable grounds to believe that:
a.
Debris placed or deposited on the banks of any navigable water is
liable to be washed into such navigable waters by any cause whatsoever
and thereby be or become a source of drift likely to hinder, impede
or otherwise obstruct navigation; or
b.
The condition of any wharf, pier, dolphin, boom, weir, breakwater,
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.
[1979 Code § 25-5; Ord. No. 21-32 § 5]
The order of the Director issued pursuant to subsection 22-4.1 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.
[1979 Code § 25-6; Ord. No. 21-32 § 6]
The order of the Director issued pursuant to this section 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.
[1979 Code § 25-7; Ord. No. 21-32 § 7]
Within fifteen (15) days after service of the order of the Director issued pursuant to subsection 22-4.2, 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.
[1979 Code § 25-8; Ord. No. 21-32 § 8]
In the event that the person to whom the order of the Director
is directed fails or refuses to comply with the terms of such order
within thirty (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.
[1979 Code § 25-9; Ord. No. 21-32 § 9]
That 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 City without the prior written permission
of the Director of Public Works, who is hereby designated by the City
Council to perform this function.
[1979 Code § 25-10; Ord. No. 21-32 § 10]
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 City for more than ten (10) consecutive days, shall post a surety
bond in the amount of twenty-five thousand ($25,000.00) dollars with
the City Clerk and in favor of the City, the bond being issued by
an insurance company authorized to do business in the State of New
Jersey.
[1979 Code § 25-11; Ord. No. 21-32 § 11]
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 City to aid in
the removal of such barge from any river, riverbank or navigable waterway
within the City.
[1979 Code § 25-12; Ord. No. 21-32 § 12]
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 river and riverbanks of the City.
[1979 Code § 25-13; Ord. No. 21-32 § 13]
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.
[1979 Code § 25-14; Ord. No. 21-32 § 14]
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 N.J.S.A. 12:7C-1 et seq.
