[HISTORY: Adopted by the City Council of the City of Passaic 3-21-1985 as Ord. No. 840-85. Amendments noted where applicable.]
This chapter shall be known as the "Waterfront Ordinance."
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.
Unless otherwise expressly stated, the following words and phrases shall have the meanings respectively ascribed to them in this section:
- The City of Passaic.
- Any loose material not attached to the land or to any structure and which is capable of becoming drift.
- The Superintendent of the Department of Public Works as appointed by the Mayor, and who may appoint, with the approval of the Mayor, an authorized agent to act in his behalf.
- Any floatable material which may cause damage to vessels or craft.
- FINAL ORDER
- 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 § 301-7.
- NAVIGABLE WATERS
- The waterways which are capable of carrying interstate commerce, and the tributaries thereto, within the geographical limits of the city.
- Any individual, firm, partnership, association, corporation, company or organization of any kind.
- The land, building, wharf, pier, dolphin, boom, weir, breakdown, bulkhead, jetty or other structure and shall include all or any as may be necessary.
- WATERFRONT, SHORE OR BANK
- 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.
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.
Whenever the Director has reasonable grounds to believe that debris is 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, 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 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 § 301-4 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 are 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 § 301-4 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 certified mail addressed to such persons at their last known address.
Within 15 days after service of the order of the Director issued pursuant to § 301-4 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 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 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 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.
No person shall abandon any flat-bottomed boat, barge, scow, raft or vessel upon any public land or waterway 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.
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 10 consecutive days, shall post a surety bond in the amount of $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 who violates this chapter by abandoning any flat-bottomed boat, barge, scow or raft, without permission, shall be subject to a fine not to exceed $1,000 or a jail term not to exceed 90 days, or both, for each violation.
Each violation of a section or subsection of this Code shall constitute a separate and distinct violation independent of any other section or subsection or any order issued pursuant to this Code. Each day's failure to comply with any section or subsection shall constitute a separate violation.