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.