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HomeMy WebLinkAbout1387 - Tidelands Use FeesORDINANCE NO. 13 8 7 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 17.33 OF THE NEWPORT BEACH MUNICIPAL CODE TO ELIMINATE TIDELANDS USE FEES The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 17.33 of the Newport Beach Municipal Code is amended to read: "Chapter 17.33 PIER REGISTRATION FEES Sections: 17.33.010 Definitions 17.33.020 Statement of Policy and Intent 17.33.030 Pier Registration Fee 17.33.040 Due Date 17.33.050 Penalty for Failure to Pay Fees 17.33.060 Administration 17.33.070 Apeal to Council • 17.33.010 Definitions. As used in this Chapter the words defined in this Section shall have the following meanings assigned to them, unless from the context it appears that a different meaning was intended. (a) 'Pier' shall mean any fixed or floating structure for securing vessels, loading or unloading persons or property, or providing access to the water, and includes wharf, dock, float, any other landing facility, and floating dry docks. (b) 'Waters of Newport.Harbor' shall mean all waters of Newport Harbor in which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by Ordinance, statute, court action or otherwise, and whether or not the lands lying under the • tidal water are privately or-publicly owned. =1- (c) 'Commercial pier' shall mean a pier with multiple slips or floats which are rented or leased to boat owners, including any pier used in connection with 'apartments, marinas, and yacht clubs. For purposes of this Chapter, multiple piers which are adjacent to a lot or parcel of land occupied by a multi - family dwelling or dwelling units shall be deemed commercial. (d) 'Non - Commercial pier' shall mean a pier used for private recreational purposes by the owner or occupant of the abutting upland property without.payment of a separate rental or lease fee. 17.33.020 Statement of Policy and.Intent. The City Council finds and determines that: 1. The City of Newport Beach as the grantee in trust from the State of California of most of the tide and sub- merged lands comprising the developed area of Newport . Harbor has the responsibility of administering said lands in conformity with the purposes set forth in the trust and with accepted standards of equity and management of public lands and resources. 2. In order to carry out its responsibilities the City must maintain comprehensive records concerning piers and other structures permitted in ,Newport Harbor, must conduct periodic inspections and enforce all laws and regulations applicable thereto, and must furnish infor- mation and account to the State of California for its stewardship of said trust lands. 3. In accordance with the foregoing findings, the City Council determines that all pier I owners should pay • an annual fee designed to reimburse the City for the costs of adminstering the pier permit system. -2- 4. The revenue resulting from the foregoing fee shall be used exclusively for the administration, maintenance and improvement of the harbor. 5. It is the policy of the City Council that the fees imposed pursuant to this Chapter shall not be subject to any change for a period of five (5) years following the effective date thereof. 17.33.030 Pier Registration. Fee. Every owner or permit holder who maintains a pier, any part of which extends into the waters of Newport Harbor, including any pier located on private property, on a dedicated channel, or County tide and submerged lands, shall pay to the City an annual pier registration fee commencing in 1970 based upon the following schedule: (a) Non - commercial piers - $10.00 (b) Commercial piers - $10.00 For additional slips or floats: (1) Not more than ten (10) slips or floats - $1.00 for each (2) Not more than twenty (20) slips or floats - $10.00 plus 50¢ for each slip or float in excess of ten (10) (3) More than twenty (20) slips or floats - $15.00 plus 25gf for each slip or float in excess of twenty (20) 17.33.040 Due Date. All fees established by this Chapter shall b of March, or in application for due and payable retained by the repeal of those due and.payable annually on the 1st day the case of new installations, upon construction. Any tidelands use fees on March 1, 1971, shall be collected and City, notwithstanding the deletion and Sections imposing said fees by the . amendment of this Chapter. -3- • • • 17.33.050 Penalty for Failure to Pay Fees. Any owner or permit holder who fails to pay any fee required by this Chapter within thirty (30) days after the same is due shall be subject to a penalty in the amount of ten.per cent (10 %) of the uncollected fee. Failure to pay the fee plus any accrued.penalty within sixty (60) days after the fee was originally due shall constitute grounds for revocation of the permit by the City Council. 17.33.060 Administration. The Harbor and Tidelands Administrator shall administer the provisions of this Chapter, except for the collection of fees, which shall be the res- ponsibility of the.Finance Director. 17.33.070 Appeal to_Council. Any person who is aggrieved by any decision of the Harbor and Tidelands Administrator may appeal to the City Council by filing with the City Clerk a written statement describing the decision being appealed and the grounds for appeal or objection thereto." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 17th day of May , 1971, and was adopted on the 24th day of May , 1971, by the following vote, to wit: ATTEST: Ci �a a City Clerk CERTIFIED AS THE-ORIGINAL AND CERTIFIEDAS TO PUBLICATION MAY 2 8 1971 DATE... ............................... C Ek 0 f THE CI OF N ORT BEACH AYES, COUNCILMEN: McInnis, Kymla, Rogers, Hirth, Dostal NOES, COUNCILMEN: Parsons ABSENT COUNCILMEN:./ roul __ Mayor THS : adw 5/19/71