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Home My WebLink About1286 - Harbor RegulationsTHS :mh 10/28/68 ORDINANCE NO. 1 2 8 6 1 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 17.04 .0359 17.04.055 AND 17.08.025 AND AMENDING CHAPTERS 17.049 17.089 17.249 17.36 AND 17.40 TO TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO HARBOR REGULATIONS The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Section 17.04.035 of the Newport Beach Municipal Code is added to read: "17.04.035 Building Director. The term °Building Director' shall mean the Building Director of the City of Newport Beach." SECTION 2. Section 17.04.055 of the Newport Beach Municipal Code is added to read: "17.04.055 City Harbor Coordinator. The term BCity • Harbor Coordinator' shall mean the City Harbor Coordinator of the City of Newport Beach." SECTION 3. Section 17.04.160 of the Newport Beach Municipal Code is amended to read: "17.04.160 Pier. The term °Pier° shall mean any fixed or floating structure for securing vessels, loading or unload- ing persons or property, or providing access to the water, and includes wharf, dock, float, any other landing facility, and floating dry docks." SECTION 4. Section 17.04.170 of the Newport Beach Municipal Code is amended to entirely delete the definition of Public Works Director and add the definition of Police Chief, to read- "17.04.170 Police Chief. The term 'Police Chief' shall mean the Chief of Police of the City of Newport Beach." SECTION 5. Section 17.08.025 of the Newport Beach Municipal Code is added to read: -1- "17.08.025 Duties of the City shall be the duty of the City Harbor (a) To act for and assist • ministering the provisions of this T appropriate department directors for Harbor Coordinator. It Coordinators the City Manager in ad- Ltle, coordinating with services falling within their respective functions as defined in Title 2 of this Code, and coordinating as required with other governmental agencies and with interested civic associations. (b) To administer the Harbor Permit Policies adopted by the City Council, maintaining files and records of all pier permits issued, and to recommend to the City Manager appropriate changes and modifications to Harbor Permit Policies. (c) To conduct regular inspections of both public and private facilities and structures located 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, and to recommend action to the City Manager to ensure compliance with this Title." SECTION 6, Section 17.08.040 of the Newport Beach Municipal Code is amended to read: "17 ,08:040 . Abandoned Vessels and Property. All stray.. vessels, skiffs, rowboats, dinghies, timber or any other per- sonal property found in the water or on the shore of Newport Harbor or the Pacific Ocean, not in the lawful possession or control of some person, shall be immediately delivered up to the Police Chief, Any such property shall be dealt with as provided in the appropriate provisions of Chapter 1.20 of the Newport Beach Municipal Code, or Section 510, et seq., of the California Harbors and Navigation Code, as the same now read or may hereafter be amended. Proceeds of any sale of such • property shall be deposited in the General Fund of the City or, if provided by contract with the District, shall be paid -2- • • to the County Treasurer for the District." SECTION 7. Section 17.24.030 of the Newport Beach Municipal Code is amended to reads "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 per- mit 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 City Harbor Coordinator is authorized to approve transfers of permits, or in his discretion may refer the same to the City Council for approval.11 SECTION 8. Section 17.24.040 of the Newport Beach Municipal Code is amended to read- "17.24.040 Application for Permit -- Plans- -Fee. A. APPLI- CATION. 'Application for any permit or the transfer of any permit required by this Chapter shall be made to the City Harbor Coordinator 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 -3- 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." SECTION 9. Section 17.24.050 of the Newport Beach Municipal Code is amended to read: "17.24.050 Processing of Application. The application and plans and specifications shall be reviewed by the City Harbor Coordinator 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 City Harbor Coordinator, without City Council approvals is authorized to approve and issue permits for new structures and for revisions to existing structures that conform to the pro- visions of this Code, standard harbor drawings approved by the • City Councils and Harbor Permit Policies adopted by the City Council. A separate permit must be obtained from the Building Department for any plumbing or electrical work on harbor structures." SECTION 10. Section 17.36.030 of the Newport Beach Municipal Code is amended to read: "17.36.030 Permit Required. No person shall install or operate within the waters of Newport Harbor or the Pacific Ocean any bait receiver without first obtaining a permit there- for from the City Council. No permit shall be issued until the design of the receiver is approved by the City Harbor Coordi- nator. All applications for permits provided for herein shall be made to the City Harbor Coordinator and accompanied by plans showing the design of the receiver and a fee of Twenty -Five Dollars ($25)." SECTION 11. Section 17.40.090 of the Newport Beach -4- 2 Municipal Code is amended to reads "17.40.090 Administration of Chapter -- Appeal. The provisions of this Chapter shall be administered by the • Building Director in coordination with the City Harbor Coordi- nator. Any aggrieved person may appeal any decision of the Building Director to the City Council by filing a written notice of appeal with the City Clerk within 15 days after the date on which notice of the decision is mailed to the applicant. The City Council shall make a decision on the appeal within thirty (30) days and such decision shall be final." SECTION 12. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 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 28th day of October , 1968, and was adopted on the 12th day of November , 1968, by the following vote, to wits AYES, COUNCILMEN° McInnis, Shelton, Parsons, Marshall, Rogers, Hirth NOES, COUNCILMEN: None ABSENT COUNCILMENa Gruber ATTESTS Mayor ,V ty C er c IFIED As °NE RIGINAL CRY CLERK OF THE CITY of WPORT SEEACH -5®