[Added 10-4-1983 by L.L. No. 8-1983[1]]
[1]
Editor's Note: This local law also redesignated former Art. VI as Art. VII and former §§ 69-25 and 69-26 as §§ 69-30 and 69-31, respectively.
The purpose of this article is the elimination of sources of drift and debris which constitute possible obstacles or hazards to existing navigation on the waterways and channels of the Town by mandating the removal, disposal or repair of deteriorated structures or debris on the shores of such waterways which are likely to cause drift. Therefore, this article should be liberally construed in order to remedy this problem.
[Amended 10-22-2002 by L.L. No. 15-2002; 6-29-2010 by L.L. No. 9-2010]
The Director of Harbor and Marine Enforcement may declare the following conditions to be a public nuisance and, therefore, order that the same be removed, abated, altered or repaired as such order may specify:
A. 
Debris placed or deposited on the banks of any waterway which is likely to be washed into such waterway 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 structure in a public waterway, as defined in § 42-4, is so dilapidated and deteriorated as to be or become a source of drift or debris liable to be washed into such waterway by any cause whatsoever and thereby be likely to hinder, impede or otherwise obstruct navigation. The Director of Harbor and Marine Enforcement shall notify the Town Clerk of his findings with respect to a structure in a public waterway, and the Town Clerk shall immediately bring the matter to the attention of the Town Board for action pursuant to § 42-8.
[Amended 10-22-2002 by L.L. No. 15-2002; 6-29-2010 by L.L. No. 9-2010]
The order of the Director of Harbor and Marine Enforcement, issued pursuant to § 69-26, shall be in writing, directed to the occupant or the last 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 removed. The order shall be served personally or by registered or certified mail on the person at his last known address.
[Amended 10-22-2002 by L.L. No. 15-2002]
A. 
Any person with a legal property interest in the premises, aggrieved by an order of the Director or Harbor and Marine Enforcement, may appeal to the Town Board for review of such order within 15 days. An application for review shall be transmitted in writing to the Town Clerk and must be signed and verified by such person, stating his reasons for claiming the Director of Harbor and Marine Enforcement's determination was erroneous.
[Amended 6-29-2010 by L.L. No. 9-2010]
B. 
Upon receipt of a properly executed application for review, the Town Board shall hold a hearing within 30 days of receipt of such application upon 10 days notice to the aggrieved person.
C. 
In lieu of such hearing, the Town Board may appoint a hearing officer to hear evidence, take testimony and issue a report and recommendation to the Town Board. Upon receipt of such a report or after a hearing, the Town Board may affirm, reverse or modify the order of the Director of Harbor and Marine Enforcement.
[Amended 6-29-2010 by L.L. No. 9-2010]
[Amended 10-22-2002 by L.L. No. 15-2002; 6-29-2010 by L.L. No. 9-2010]
In the event that the persons to whom the order of the Director of Harbor and Marine Enforcement is directed fail or refuse to comply with the terms of the order within 30 days after such order has become final, the Director of Harbor and Marine Enforcement shall take or cause to be taken the necessary action to perform the work specified in the order. The costs and expenses incurred as a result shall be a personal charge against the occupant or the last owner of record if not the occupant of the premises affected.