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• ORDINANCE NO. 99 -15 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF NEWPORT BEACH AMENDING SECTION <br />1.08.055 OF CHAPTER 1.08 OF THE NEWPORT <br />BEACH MUNICIPAL CODEN PERTAINING TO <br />HEARING OFFICER <br />The City Council of the City of Newport Beach does hereby ordain that <br />certain Newport Beach Municipal Code section is amended to read, in full, as <br />follows: <br />SECTION 1: Section 1.08.055 of Chapter 1.08 is amended to read as <br />follows: <br />Section 1.08.055 Hearing Officer. <br />The City Council, any Board or Commission created by the City Charter, <br />and the City Manager or Planning Director may designate a hearing officer to <br />take evidence, direct preparation of a transcript and submit proposed findings <br />• and recommendations in a form suitable for adoption whenever authorized, or <br />required, by the provisions of this Code, to conduct any hearing or appeal on any <br />matter including the issuance, denial, revocation or modification of any permit or <br />license or whether a particular condition or activity constitutes a nuisance or fire <br />hazard. The hearing officer shall conduct the hearing in a manner that complies <br />with constitutional, statutory and decisional law. The City Council, Board or <br />Commission, City Manager or Planning Director may adopt the proposed <br />findings and recommendations as their decision or may take any other action <br />that is supported by substantial evidence in the record. <br />The hearing officer may be directed to consolidate hearings on two or <br />more appeals, decisions or determinations that involve the same or similar <br />subject matter and the same potentially affected party. <br />SECTION 2: If any section, subsection, sentence, clause or phrase of this <br />ordinance is, for any reason, held to be invalid or unconstitutional, such decision <br />shall not affect the validity or constitutionality of the remaining portions of this <br />ordinance. The City Council hereby declares that it would have passed this <br />ordinance, and each section, subsection, clause or phrase hereof, irrespective of <br />the fact that any one or more sections, subsections, sentences, clauses and <br />• phrases be declared unconstitutional. <br />