HomeMy WebLinkAbout96-10 - Amending Chapter 17.24 of the Newport Beach Municipal Code Pertaining to Structures in Harboris
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ORDINANCE NO. 96 -10
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 17.24 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
STRUCTURES IN HARBOR
The City Council of the City of Newport Beach ordains as
follows:
SECTION 1: The City Council of the City of Newport
Beach does hereby ordain that.Chapter 17.24 of the Newport
Beach Municipal Code is amended to read as follows:
17.24.010 Permit Required for Construction or
of
a
17.24.010 Permit Required for Construction or
Alteration.
No person or agency shall build, maintain, extend or
make structural alterations on any building, pier, piling,
bulkhead, sea wall, reef, breakwater, or other structure in,
upon or over the waters of Newport Harbor or the Pacific
Ocean or any other water where the tide ebbs and flows within
the City, or do any filling, excavating or dredging in said
waters or ocean, without first obtaining a written permit to
do so from the City. (Ord. 1099 (part), 1964: 1949 Code §
10400(a))
Alteration.
17.24.020
Exception for Work by District.
17.24.030
Transfer of Permit.
17.24.040
Application for Permit -- Plans- -Fee.
17.24.050
Processing of Application.
17.24.060
Review by City Council.
17.24.070
Permit Conditions.
17.24.080
Required Approval by Corps
Engineers.
17.24.090
Revocation of Permit.
17.24.100
Structure Without Permit Declared
Nuisance -- Abatement.
of
a
17.24.010 Permit Required for Construction or
Alteration.
No person or agency shall build, maintain, extend or
make structural alterations on any building, pier, piling,
bulkhead, sea wall, reef, breakwater, or other structure in,
upon or over the waters of Newport Harbor or the Pacific
Ocean or any other water where the tide ebbs and flows within
the City, or do any filling, excavating or dredging in said
waters or ocean, without first obtaining a written permit to
do so from the City. (Ord. 1099 (part), 1964: 1949 Code §
10400(a))
17.24.020 Exception for Work by District.
Notwithstanding the provisions of this section, the
district may do construction work or fill or dredge within
Newport Harbor, or cause the same to be done, without such a
permit so long as such work is done pursuant to a harbor
• development plan on lands not owned by the City or pursuant
to a request therefor by the City Council. (Ord. 1099
(part), 1964: 1949 Code § 10400(b))
17.24.030 Transfer of Permit.
No person shall transfer a permit for a pier, float or
similar structure granted under the provisions of this
chapter without prior written approval of the City. No
person who as an abutting upland owner or lessee of real
property was granted a permit for a pier, float or similar
structure shall retain any right of use in such pier, float
or similar structure after having divested himself of the
ownership or leasehold interest in such real property. Upon
• such divesting, the ownership interest in such pier, float or
similar structure shall remain with the person to whom the
permit was granted, but the right of use thereof shall vest
in the City until such time as a permit for such pier, float
or structure is granted to another person. Except where
rights of ownership or use have heretofore been judicially
decreed, no person may heretofore or hereafter gain any
rights of ownership or use of any such pier, float or similar
structure by any purported transfer made without such prior
written approval of the City. The Fire and Marine Chief is
authorized to approve transfers of permits. (Ord. 1602 § 5,
1975: Ord. 1286 § 7, 1968: Ord. 1099 (part) , 1964: 1949
Code § 10400(c))
• 17.24.040 Application for Permit- -Plans --Fee.
A. Application. Application for any permit or the
transfer of any permit required by the chapter shall be made
to the Fire and Marine Chief in writing on forms provided
therefor. The permit shall constitute an agreement by the
permittee to comply with all conditions imposed in the
granting of the permit.
B. Plans. The application shall be accompanied by
plans and specifications setting forth in detail the work to
be done.
• C. Fee. Each application shall be accompanied by a
fee in an amount established by the City Council by
resolution. Fees shall not be returnable to the applicant
whether or not the permit is granted. (Ord. 1602 § 6, 1975:
Ord. 1286 9 8, 1968: Ord. 1090 (part), 1964: 1949 Code 5
10401)
17.24.050 Processing of Application.
The application and plans and specifications shall be
reviewed by the Fire and Marine Chief to determine whether
the proposed work meets all the requirements of this Code and
any standards and policies adopted by the City Council for
such construction or work. The Fire and Marine Chief is
• authorized to approve and issue permits for new structures
and for revisions to existing structures that conform to the
provisions of this Code, standard harbor drawings approved by
the City Council, or Harbor Permit Policy adopted by the City
Council.
A. The application shall be denied if:
1. The application does not conform to the
provisions of this Code, standard harbor drawings approved by
the City Council, or the Harbor Permit Policy adopted by the
City Council, or
2. The proposed application is likely to create
navigational congestion, or otherwise interfere with the
rights of other Harbor Permittees within Newport Harbor.
• B. In the event the application is denied, the
applicant shall have the right to appeal the decision, to the
City Manager, by filing a written appeal with the Office of
the City Manager within five working days from the date on
which the applicant has notice of the denial. The City
Manager shall consider the appeal and render a decision
within 15 working days from the date of the appeal.
A separate permit must be obtained from the Building
Official for any plumbing or electrical work on harbor
structures. (Ord. 1602 § 7, 1975: Ord. 1286 § 1, 1968:
• Ord. 1090 (part), 1964: 1949 Code § 10402(a))
17.24.060 Review by City Council
The City Council may, on its own motion, hold a hearing
for the purpose of reviewing any decision by the City Manager
of an appeal under this chapter. The City Clerk shall cause
written notice of the time, place and purpose of the hearing
to be sent to the applicant or permittee by certified mail at
least fifteen (15) days prior to the date of the hearing.
The City Council may sustain, overrule or modify the action
of the City Manager and the decision of the City Council
shall be final.
17.24.070 Permit Conditions.
• In granting any such application, the Fire and Marine
Chief may impose conditions in the permit which are deemed
necessary to protect commerce, navigation or fishing or the
use, operation or development of Newport Harbor. (Ord. 1090
(part), 1964: 1949 Code § 10402(c))
17.24.080 Required Approval by Corps of Engineers.
Prior approval of the U.S. Corps of Engineers will be
required when:
A. Work extends beyond the U.S. Pierhead Line.
B. Solid filling or a solid structure is constructed
beyond the U.S. Bulkhead Line.
C. Harbor lines have not been established in the area
by the U.S. Corps of Engineers. (Ord. 1090 (part), 1964:
• 1949 Code § 10402(d))
17.24.090 Revocation of Permit.
A. Ground for Revocation. Any permit heretofore or
hereafter granted for any structure or work in the waters of
Newport Harbor or the Pacific Ocean may be revoked by the
City Council upon any of the following grounds:
1. The work or structure has become detrimental to
commerce, navigation or fishing.
2. The work or structure is detrimental to the use,
operation or development of the harbor.
3. The work or structure does not comply with the
• permit or does not meet the standards adopted by the City
Council for such work or structure.
4. The permittee has failed for a period of sixty (60)
days to pay the fee or fees heretofore or hereafter imposed
for the occupancy of tidelands, filled tidelands or submerged
lands upon which upon which such work or structure exists.
5. The work or structure has fallen into a state of
disrepair.
6. The space occupied by such work or structure is
over publicly owned land and such space is to be devoted to a
public use.
7. The permittee has breached or failed to comply with
• the terms or conditions contained in the permit or upon which
the permit was granted.
B. Notice and Hearing. Any such permit shall be
revoked only after a public hearing before the City Council
at which the permittee has an opportunity to be heard. At
least ten days' notice of such hearing shall be given in
writing by first class mail with postage prepaid addressed to
the address of the permittee shown on such permit, setting
out the date, time and place of hearing.
The City Council of the City of Newport Beach may
preside over the hearing or, in the alternative, appoint a
hearing officer to conduct the hearing, receive relevant
evidence and to submit to the City Council findings and
• recommendations to be considered by the City Council of the
City of Newport Beach. The City Council of the City of
Newport Beach shall render its decision within forty -five
(45) days from the date of the hearing or, in the event that
a hearing officer has been appointed, within forty -five (45)
days from the date on which the City Council receives the
findings and recommendations of the hearing officer. The
decision of the City Council shall be final.
The City Clerk shall notify the permittee of the
decision of the City Council. (Ord. 87 -31 § 1, 1987: Ord.
1099 (part), 1964: 1949 Code § 10403)
• 17.24.100 Structure without Permit Declared a
Nuisance -- Abatement.
Every structure maintained in or over the waters of
Newport Harbor or the Pacific Ocean without a current valid
permit existing therefor when required by this chapter, or
maintained in a manner or for a purpose other than or
different from that provided in the permit, shall constitute
a nuisance and shall be immediately abated and may be
removed. If upon written notice to remove any such structure
the owner thereof fails, refuses or neglects to do so within
a reasonable time specified in the notice, being not less
than five or more than thirty (30) days after such notice,
• the City shall abate or remove it and the cost thereof may be
recovered from the owner of such structure in a civil action.
(Ord. 1090 (part), 1964: 1949 Code § 10404)
SECTION 2: That if any section, subsection, sentence,
clause or phrase of this ordinance is, for any reason, held
to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining
portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each section,
subsection, clause or phrase hereof, irrespective of the fact
that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk
• shall attest to the passage of this Ordinance. The City
Clerk shall cause the same to be published once in the
official newspaper within fifteen (15) days after its
adoption.
This Ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the
11th day of March, 1996, and adopted on the 25th day of
March, 1996, by the following vote, to -wit:
AYES,COUNCILMEMBERS
• HEDGES, DEBAY, GLOVER, EDWARDS,
WATT, O'NEIL
NOES,COUNCILMEMBERS
NONE
•
•
ABSENT,COUNCILMEMBERS
MAYOR
ATTEST: //
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CITY CLERK