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HomeMy WebLinkAbout83-14 - Amending Portions of Section 5.70.060 of the Newport Beach Municipal Code Regarding Maintenance & Removal of Newspaper Racks in the City of Newport BeachORDINANCE NO. 83 -14 AN URGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF SECTION 5.70.060 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING MAINTENANCE & REMOVAL OF NEWSPAPER RACKS IN THE CITY OF NEWPORT BEACH The City Council of the City of Newport Beach finds and declares that adoption of amendments to Chapter 5.70 of the Newport Beach Municipal Code are immediately necessary as an emergency measure for the preservation of the public.peace, health, safety and welfare in that the proposed revisions are necessary to protect the constitutional and civil rights of the citizens of the City of Newport Beach and to bring the ordinances of the City of Newport Beach into immediate compliance with rul- ings of the California Supreme Court. SECTION 1. Chapter 5.70.060 shall be amended to read as follows: • 5.70.060 Appeal. The City Council shall have the power to hear and decide appeals.based upon the enforcement or interpretation of the rules and regulations promulgated by the Chief of Police and approved by the City Council, pursuant to the provisions of Section 5.70.040. Any person aggrieved by any decision of the Chief of Police rendered pursuant to the provi- sions of this Chapter, may appeal that decision by submitting a written, notice of appeal to the City Clerk within 21 days of the date on which notice of the decision was mailed, pursuant to the provisions of 5.70.080. The City Council may preside over the hearing on appeal or may designate a hearing officer to take evidence and submit a proposed decision together with findings, within 15 days from the date of the hearing. The City Council • shall, within 30 days from the date of the hearing, render its decision on the appeal, supported by findings, and the decision of the City Council shall be final. SECTION 2. Section 5.70.070 of the Newport Beach Municipal Code shall be amended to read as follows: 1 5.70.070. Maintenance. Newspaper Racks and Stands shall be maintained in a clean and neat condition and in good repair at all times. SECTION 3. Section 5.70.080 of the Newport Beach Municipal Code shall be amended to read as follows: 5.70.080. Removal. In the event that the Chief of Police determines that a newsrack or stand does not comply with the rules, standards and regulations promulgated by the Chief of Police and approved by the City Council pursuant to this chapter, the Chief of Police shall notify, in writing, the owner of the newsrack, the notice to specify the nature of the violation, the location of the newsrack which is in violation, the intention of the Chief of Police to remove the non - conforming newsrack in the event a hearing is not requested as provided herein, and the right of the owner to request a hearing, before the Chief of • Police, or his representative, within 15 days from the date of the notice. If the newsrack is one which has not been authorized by the Chief of Police and ownership is not known, nor apparent after inspection, a notice complying with this section shall be affixed to the newsrack. In the event that a hearing is held pursuant to this section, the Chief of Police shall render a decision, in writing, within 10 days from the date of the hearing, and the decision shall advise the appellant of his right to file an appeal with the City Council, pursuant to the provisions of Section 5.70.060. Notice of the decision shall be mailed to the appeal - lant and shall be considered effective on the date mailed provid- ed that the notice is properly addressed and placed in the U.S. Mail, with first -class postage pre -paid thereon. • In the event that no hearing is requested by the owner of a newsrack within the 15 days provided for in this section, or in the event that an owner of a newsrack fails to remove the rack within 10 days from the date of any decision of the City Council that the newsrack is not in compliance with the rules, regulations and standards established pursuant to this chapter, the Chief of Police may take possession of the newsrack and, upon the expiration of 30 days, dispose of the newsrack as required by law. SECTION 4. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effec- tive immediately. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of February , 1983, and was adopted on the 14th day of February , 1983, by the following vote, to wit: AYES, COUNCILMEMBERS Hart, Maurer, Heather, Plummer, Strauss, Agee, Cox NOES, u ABSENT COUNCILMEMBERS Mayor ATTEST: � City Clerk (Deputy • RBB /pr ORP /Newsrack 3 None