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HomeMy WebLinkAbout99-15 - Amending Section 1.08.055 of Chapter 1.08 of the Newport Beach Municiapl Code, Pertaining to Hearing Officer• ORDINANCE NO. 99 -15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1.08.055 OF CHAPTER 1.08 OF THE NEWPORT BEACH MUNICIPAL CODEN PERTAINING TO HEARING OFFICER The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is amended to read, in full, as follows: SECTION 1: Section 1.08.055 of Chapter 1.08 is amended to read as follows: Section 1.08.055 Hearing Officer. The City Council, any Board or Commission created by the City Charter, and the City Manager or Planning Director may designate a hearing officer to take evidence, direct preparation of a transcript and submit proposed findings • and recommendations in a form suitable for adoption whenever authorized, or required, by the provisions of this Code, to conduct any hearing or appeal on any matter including the issuance, denial, revocation or modification of any permit or license or whether a particular condition or activity constitutes a nuisance or fire hazard. The hearing officer shall conduct the hearing in a manner that complies with constitutional, statutory and decisional law. The City Council, Board or Commission, City Manager or Planning Director may adopt the proposed findings and recommendations as their decision or may take any other action that is supported by substantial evidence in the record. The hearing officer may be directed to consolidate hearings on two or more appeals, decisions or determinations that involve the same or similar subject matter and the same potentially affected party. SECTION 2: 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 of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 10"' day of May, 1999, and adopted on the 24" day of May, 1999, by the following vote, to wit: AYES, COUNCILMEMBERS Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None • MAYOR LaVonne Harkless City Clerk C� • • STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 99 -15 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24�h day of May, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of May, 1999. (Seal) 1,42 f City Clerk of the City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 99 -15 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: May 29, 1999. In witness whereof, I have hereunto subscribed my name this N day of .1999. • ��, M . &'e' City Clerk of the City of Newport Beach, California