No owner, occupant or tenant of any premises abutting or bordering on
any publicly owned open space, public property, public beach, public seawall,
public bulkhead or any other type of Shore Protection Structure shall construct,
install, maintain or allow the construction, installation or maintenance of
any structure, including but not limited to fences or barriers of any type,
on, across or over any public open space, public easement, public seawall,
public beach, public bulkhead or any other type of Shore Protection Structure
or public property of any type within the City of Long Branch.
After an investigation initiated by any complaint of a resident, officer,
employee of the city or any other person, relative to a violation of this
chapter, or upon its own motion, a written report of the conditions complained
of shall be made to the City Business Administrator. If the reported conditions
are found to exist, the owner, tenant or person in possession of the lands
complained of shall be notified, in writing, either personally or by certified
mail, to remove such structure within 10 days after receipt of the notice.
The city shall arrange for a reinspection of the lands in question after the
ten-day period expires, and the person making such inspection shall report,
in writing, to the Business Administrator as to whether the condition complained
of has been abated or remedied.
If the owner, tenant or person in possession of the lands in question shall fail to abate the condition complained of within the ten-day period provided in §
265-2 hereinabove, the city shall institute appropriate proceedings in the Municipal Court of the City of Long Branch and/or the Superior Court of New Jersey, seeking appropriate penalties for violation of this chapter and affirmative action in having the violating structure removed.
This chapter does not apply to private beaches or to private property
bordering them, nor is it intended to usurp riparian rights or to grant access
over private property to public lands, unless otherwise required by law.