This chapter shall be known as the "Waterfront Ordinance."
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 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.
The order of the Director issued pursuant to §
420-3 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 is 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 §
420-4 shall be served upon the occupant and the last known owner of record, if not such occupant, of the premises which is 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 fifteen (15) says after service of the order of the Director issued pursuant to §
420-4, or, under an 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 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 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 city without the prior written permission of the
Director of Environmental Control, who is hereby designated by the
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 city for more than ten (10) consecutive days shall post a surety
bond in the amount of twenty-five thousand dollars ($25,000) with
the City Clerk and in favor of the city, 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 city to aid in
the removal of such barge from any river, riverbank or navigable waterway
within the city.
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 city.
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, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, 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.