[R.O. 1966 C.S. § 25A:1-1]
This chapter shall be known as the "Waterfront Regulations."
[R.O. 1966 C.S. § 25A:1-2; Ord.
6PSF-F, 6-15-2016]
Unless otherwise expressly stated, the following words and phrases
shall have the meaning respectively ascribed to them in this section.
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 Newark.
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 Engineering[1] as appointed by the Mayor, and 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 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 Section 30:1-7.
Shall mean the waterways which are capable of carrying interstate
commerce, and the tributaries thereto, within the 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 Newark.
[1]
Editor's Note: The ordinance of 8-3-77, which created
the Title known as "Waterfront" named the Director of Engineering
as enforcing officer under new reorganizational ordinances. Inspection
and enforcement functions were established under the Department of
Neighborhood and Recreational Services and later reorganized as the
Office of Inspections and Enforcement under the Department of Engineering
by Ord. 6PSF-F, 6-15-2016.
[R.O. 1966 C.S. § 25A:1-3]
The 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.
[R.O. 1966 C.S. § 25A:1-4]
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 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 in 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.
[R.O. 1966 C.S. § 25A:1-5]
The order of the Director issued pursuant to Section 30:1-4 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.
[R.O. 1966 C.S. § 25A:1-6]
The order of the Director issued pursuant to Section 30:1-4 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.
[R.O. 1966 C.S. § 25A:1-7]
Within 15 days after service of the order of the Director issued pursuant to Section 30:1-4, 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/her 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.
[R.O. 1966 C.S. § 25A:1-8]
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 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 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 and in addition
shall be a lien against the property or premises affected and all
appurtenances thereto.
[R.O. 1966 C.S. § 25A:1-9]
If any section or provision or part thereof in this chapter
shall be adjudged invalid or unconstitutional such invalidity or unconstitutionality
shall not affect the validity of this chapter as a whole or any other
section or provision thereof.
