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HomeMy WebLinkAbout1801 - Pier FeesNO. 1801 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 17.33 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PIER 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 as follows: Sections: 17.33.010 17.33.020 17.33.030 17.33.040 17.33.050 17.33.00 17.33.0770 "CHAPTER 17.33 PIER FEES Definitions. Statement of Policy and Intent. Pier Fee. Due Date. Penalty for Failure to Pay Fees. Administration. Appeal 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. (c) 'City tide and submerged lands' shall mean that area within Newport Harbor granted to the City by the State of California. (d) '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 or land occupied by a multi - family dwelling or dwelling units, and structures over the waters of Newport Harbor that are business or income generating in nature shall be deemed commercial. (e) 'Non- commercial pier' shall mean a pier used for private recreational purposes by the owner or occupant(s) of the abutting upland property without payment of a separate rental or lease fee. 17.30.020 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 submerged 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 the 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 regula- 0 tions applicable thereto, and must furnish information and account to the State of California for its stewardship of said trust lands. -2- 3. In accordance with the foregoing findings, the City Council determines that all pier owners should pay an • annual fee. 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 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, County tide and submerged lands, or City tide and submerged lands, shall pay to the City an annual pier fee based upon the following schedule: (a) Non - commercial piers - $10.00; (b) Commercial piers not over City tide and submerged lands - $20.00; For additional slips or floats: (1) Not more than 10 slips or floats - $2.00 each; (2) Not more than 20 slips or floats - $20.00 plus $1.00 for each slip or float in excess of 10; (3) More than 20 slips or floats - $30.00 plus $.50 for each.slip or float in excess of 20. (c) Commercial piers over City tide and submerged lands not under City lease - $.085 /square foot /permit area. 17.33.040 Due Date. All fees established by this Chapter shall be due and payable annually on the 1st day of March, or in the case of new installations, upon application for construction. -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 same is due shall be subject to a penalty in the amount of 25% of said fee on the first day of each month after the due date thereof; provided, however, that the amount of such penalty to be added shall in no event exceed 1008 of the amount of the fee due. Failure to pay the fees plus any accrued penalty within 150 days after the fee was originally due shall constitute grounds for revocation of the permit by the City Council. 17.33.060 Administration. The Marine Director shall administer the provisions of this Chapter, except for the collection of fees, which shall be the responsi- bility of the Finance Director. 17.33.070 Appeal to Council. Any person who is aggrieved by any decision of the Marine Director may appeal to the City Council by filing with the City Clerk a written statement describing the decision being appeal 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 effec- tive thirty (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 12th day of March , 1979, and was adopted on the 26th day of March , 1979, by the following vote, to wit: • CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION APR 1978 DATE...... _ ........ \ , y ......................... ........ CITY CLERK OF THE GIN OF NEWFO eACH ATTEST: ity Jerk AYES, COUNCILMEN Williams, Strauss, Heather, Hummel. Hart NOES, COUNCILMEN None ABSENT COUNCILM�E®N� R(�yckoff, McInnis IN VQ Ll AAkf Mayor Tem -4- DDO /kb 3/6/79