[1972 Code § 29-1.1]
The general purposes of this section are as follows: (a) 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;
and (b) protection and maintenance of a clean and safe waterfront,
free of any abandoned flat-bottomed boats, barges, scows, rafts or
other vessels.
[1972 Code § 29-1.2; Ord. No. O-09-28 § 2]
Unless otherwise expressly stated, the following words and phrases
shall have the meaning respectively ascribed to them in this subsection.
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.
Shall mean the City of Bayonne.
Shall mean any loose material not attached to the land or
to any structure and which is capable of becoming drift.
Shall mean the Head of the Division of Community Development,
who may appoint, with the approval of the Mayor, an authorized agent
to act in his behalf.
Shall mean any floatable material which may cause damage
to vessels or craft.
Shall mean either the order of the Division Head after the time to request a review thereof has lapsed, or the order of the Division Head issued as a result of the review requested in subsection 23-1.6.
Shall mean the waterways which are capable of carrying interstate
commerce, and the tributaries thereto, within geographical limits
of the City.
Shall mean any individual, firm, partnership, association,
corporation, company or organization of any kind.
Shall mean the land, building, wharf, pier, dolphin, boom,
weir, breakdown, 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 of Bayonne.
[1972 Code § 29-1.3; Ord. No. O-09-28 § 2]
Whenever the Division Head 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 water 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, 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 Division Head may declare
the same to be a public nuisance and thereupon order that same be
removed, abated, altered or repaired as such order may specify.
[1972 Code § 29-1.4; Ord. No. O-09-28 § 2]
The order of the Division Head issued pursuant to subsection 23-1.3 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.
[1972 Code § 29-1.5; Ord. No. O-09-28 § 2]
The order of the Division Head issued pursuant to subsection 23-1.3 shall be served upon the occupant and the owner of record of the premises which are the subject of the complaint, either by personally delivering a copy of such order to such occupant and the owner of record, or by registered mail addressed to such persons at their last known address.
[1972 Code § 29-1.6; Ord. No. O-09-28 § 2]
Within 15 days after service of the order of the Division Head issued pursuant to subsection 23-1.3, or if an emergency exists a shorter time may be prescribed by the Division Head, the person to whom such order is directed, or any person aggrieved thereby, may appeal to the Division Head to review same. After such review, at which all interested parties will be afforded the opportunity to be heard, the Division Head may affirm, modify or reverse the order as facts may warrant. The final order of the director shall be final and conclusive unless same is reversed by a court of competent jurisdiction.
[1972 Code § 29-1.7; Ord. No. O-09-28 § 2]
In the event that the persons to whom the order of the Division
Head is directed fail or refuse to comply with the terms of such order
within 30 days from the date of the order, the Division Head may,
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. The costs and expenses incident thereto shall
be a personal charge against the occupant, and owner of record of
the premises, and in addition shall be a lien against the property
or premises affected and all appurtenances thereto.
[1972 Code § 29-2.1; Ord. No. O-09-28 § 2]
No person shall abandon any flat-bottomed boat, barge, scow,
raft or other vessel upon any public land or waterway or to or upon
any private property within the City of Bayonne without the prior
written permission of the Division Head.
[1972 Code § 29-2.2]
Any person who willfully violates the preceding subsection by
abandoning any flat-bottomed boat, barge, scow or raft without permission
shall be subject to the penalties for a crime in the fourth degree,
as set forth in N.J.S.A. 2C:43.1B, which states crimes of the fourth
degree are subject to a fine up to $7,500, 18 months imprisonment,
or both.
[1972 Code § 29-2.3]
The owner of any barge which is to be docked in or on the banks
of any waterway within the City for more than 10 consecutive days
shall post a surety bond in the amount of $25,000 with the City Clerk,
the bond being issued by an insurance company authorized to do business
in the State of New Jersey.
[1972 Code § 29-2.4]
In the event that a barge bonded in accordance with the preceding
subsection sinks or otherwise becomes unable to be navigated, the
bond so posted shall be forfeited to the City to aid in the removal
of such barge from any waterways or shorelines within the City.
[1972 Code § 29-2.5]
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 waterways or shorelines of the City.
[1972 Code § 29-2.6]
This section 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 crafts used on a seasonal basis.
