Legislation
SECTION 1380
Orders, service thereof, and penalties
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 6, TITLE 3
§ 1380. 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, 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 or
warehouse 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 on 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 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.
make, and cause to be served upon any corporation or individual, within
the port district, excepting the city, 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 or
warehouse 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 on 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 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.