Whenever the Director of the Department of Transportation and
Parking has reasonable grounds to believe that any vessel has been
moored or abandoned on any navigable waters, the Director of the Department
of Transportation and Parking may declare the same to be a public
nuisance and thereupon order the same to be removed, abated, altered
or repaired as such order may specify.
The order of the Director of the Department of Transportation and Parking issued pursuant to § 194-15 of this article shall be in writing, directed to the occupant and last known owner of record, if not such occupant, of the vessel that is 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 of the Department of Transportation and Parking issued pursuant to § 194-15 of this article shall be served upon the occupant and the last known owner of record, if not such occupant, of the vessel which is 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 addresses.
Within 15 days after service of the order of the Director of the Department of Transportation and Parking issued pursuant to § 194-15 of this article or, under emergency within such shorter time as the Director of the Department of Transportation and Parking may prescribe, the person to whom such order is directed or any person aggrieved thereby may appeal to the Director of the Department of Transportation and Parking to review the same. The Director of the Department of Transportation and Parking 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 of the Department of Transportation and Parking, 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 of the Department of Transportation and Parking, after review thereof, shall be final and conclusive.
In the event that the person or persons to whom the order of
the Director of the Department of Transportation and Parking is directed
fail or refuse to comply with the terms of such order within 10 days
after such order has become final, the Director of the Department
of Transportation and Parking shall, without further notice to any
such person(s), 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 of the Department of Transportation and Parking. 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
vessel affected and all appurtenances thereto.
No person shall abandon any vessel of any kind upon any public
land or in any navigable waters or upon any private property within
the City of Hoboken without the prior written permission of the Director
of the Department of Transportation and Parking, who is hereby designated
by the City Council to perform this function.
The owner of any occupied or unoccupied vessel which is to be
docked in or on the banks of any river or anchored or moored within
the navigable waters within the City of Hoboken for more than two
consecutive days shall post a surety bond in the amount of $25,000
with the Director of the Department of Transportation and Parking
and in favor of the City of Hoboken, said bond being issued by an
insurance company authorized to do business in the State of New Jersey.
In the event that a vessel 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 of Hoboken
to aid in the removal of such vessel from any river, riverbank or
navigable waters 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
vessel from the rivers, riverbanks, shoreline and navigable waters
of the City of Hoboken.
This article shall apply to any and all vessels of any kind,
except that it shall not apply to ships or boats owned or operated
by common carriers engaged in interstate or foreign commerce, nor
shall it apply to single rider pleasure crafts used on a seasonal
basis.
Any person who violates this article shall be subject to the
penalties of not less than $100 and not more than $2,000 per occurrence
and/or imprisonment of not more than 90 days. Said penalties shall
be in addition to payment of any and all costs and fees associated
with the removal of the debris, barge, or other tangible item.
