Legislation
SECTION 1355
Orders, service thereof and penalties
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 6, TITLE 2
§ 1355. Orders, service thereof and penalties. The authority may make,
and cause to be served upon any corporation or individual, within the
port district, excepting the city of Oswego and the town of Scriba, any
reasonable order which it may determine to be necessary for the proper
development, maintenance and use of the port, relating to the
construction, equipment, repair, maintenance, use and rental of any
dock, wharf, slip, terminal, warehouse or industrial project owned or
leased by any such corporation or individual within the district. There
shall be served with a copy of the order a notice specifying a day, not
less than ten days after such service, when such corporation or
individual may appear before the authority, present written objections
to the making of the order and be heard on such objections. If no such
objections are filed within the time stated, or if the order be
sustained as the result of such hearing, either in its original or
modified form, such order shall be final, subject only to review by a
court of competent jurisdiction. When an order of the authority shall
become final, including the termination of any court proceeding
sustaining the order, or of the time for beginning such a proceeding if
none be brought, if the corporation or individual shall fail to obey it,
or if any corporation or individual shall violate a lawful rule of the
authority, the authority may commence and maintain an action or
proceeding in an appropriate court having jurisdiction, for the purpose
of having such disobedience to an order or violation of a rule prevented
or obedience enforced, either by mandamus or injunction.
and cause to be served upon any corporation or individual, within the
port district, excepting the city of Oswego and the town of Scriba, any
reasonable order which it may determine to be necessary for the proper
development, maintenance and use of the port, relating to the
construction, equipment, repair, maintenance, use and rental of any
dock, wharf, slip, terminal, warehouse or industrial project owned or
leased by any such corporation or individual within the district. There
shall be served with a copy of the order a notice specifying a day, not
less than ten days after such service, when such corporation or
individual may appear before the authority, present written objections
to the making of the order and be heard on such objections. If no such
objections are filed within the time stated, or if the order be
sustained as the result of such hearing, either in its original or
modified form, such order shall be final, subject only to review by a
court of competent jurisdiction. When an order of the authority shall
become final, including the termination of any court proceeding
sustaining the order, or of the time for beginning such a proceeding if
none be brought, if the corporation or individual shall fail to obey it,
or if any corporation or individual shall violate a lawful rule of the
authority, the authority may commence and maintain an action or
proceeding in an appropriate court having jurisdiction, for the purpose
of having such disobedience to an order or violation of a rule prevented
or obedience enforced, either by mandamus or injunction.