Except for vessels moored under a moorings perimeter
permit, the Waterways Committee shall record in a proper register
the location and the names, length, draft, beam and type of all vessels
moored in the harbor, as well as the names and addresses of the owners
of all such vessels, and the position of each approved mooring shall
be noted upon a map or chart of the harbor. Such records, maps and
charts shall be kept at the offices of the village and the Town of
North Hempstead.
Upon conviction, all permits may be revoked
by the village or the Town of North Hempstead, with the approval of
the Village Board of Trustees, for any violation of this chapter or
any regulation promulgated by any applicable town, state or federal
law.
A.
The village or the Town of North Hempstead may remove
unattended vessels from their mooring location if unauthorized or
if the mooring fails to comply with this chapter. If directions given
by the village or the Town of North Hempstead with respect to removing
unauthorized moorings or changing the location of existing moorings,
shortening of mooring chains, cables or ropes or with respect to other
provisions of this chapter are not complied with within five days
after notice of such directions has been given as herein provided,
the village, with the approval of the Mayor, may cause such moorings
to be removed or changed. The cost of such removal or change will
be assessed against the owner of the vessel, and an action therefor
may be instituted in the Village Court or in a court of competent
jurisdiction. Whenever the village or the Town of North Hempstead
shall be unable to find the owner of a vessel or mooring or any agent
or person in possession, charge or control thereof, upon whom notice
may be served, it shall address, stamp and mail such notice, by certified
mail, return receipt requested, to such person at his last known address
and, in addition thereto, shall, during the notice period, attach
said notice to the subject vessel. Service of the notice shall be
effective upon mailing.
B.
Any vessel or marine structure or parts thereof, including
moorings, which become a menace to navigation or a danger to life,
property or the environment, or which is unseaworthy or sinks to the
bottom or is run aground or otherwise becomes disabled, shall be removed
by the owner or person in charge thereof within five calendar days
of issuance of an order to correct said hazard by the village or the
Town of North Hempstead. If such menace to navigation and/or safety
is not removed or corrected within five calendar days as aforesaid,
it may be removed or corrected by the village at the direction of
the Village Board of Trustees after a hearing upon five days' notice,
which notice shall be served upon the owner of said vessel or vessels
personally or by certified mail, return receipt requested, at the
last known address of said owner. Service of the notice shall be effective
upon mailing. A copy of the notice shall be attached to the vessel
or marine structure in question. All expenses incurred by the village,
including reasonable attorneys' fees, shall be paid by the owner of
said vessel or vessels, and the village may enforce that obligation
by civil action in a court of competent jurisdiction. Such expenses
shall be in addition to, and not in lieu of, any penalties as may
be prescribed by or imposed under this chapter or under any law, ordinance,
rule or regulation of the village and the laws of the State of New
York. Nothing herein contained shall prevent the village or the Town
of North Hempstead from mooring or removing a vessel or marine structure
that creates an immediate hazard to human life, property or the environment,
or taking such immediate action as it deems necessary for the protection
of life and limb, property or environment.
