HomeMy WebLinkAbout1387 - Tidelands Use FeesORDINANCE NO. 13 8 7
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 17.33 OF THE NEWPORT BEACH
MUNICIPAL CODE TO ELIMINATE TIDELANDS USE
FEES
The City Council of the City of Newport Beach does ordain
as follows:
SECTION 1. Chapter 17.33 of the Newport Beach Municipal
Code is amended to read:
"Chapter 17.33
PIER REGISTRATION FEES
Sections:
17.33.010 Definitions
17.33.020 Statement of Policy and Intent
17.33.030 Pier Registration Fee
17.33.040 Due Date
17.33.050 Penalty for Failure to Pay Fees
17.33.060 Administration
17.33.070 Apeal to Council
• 17.33.010 Definitions. As used in this Chapter the
words defined in this Section shall have the following
meanings assigned to them, unless from the context it
appears that a different meaning was intended.
(a) 'Pier' shall mean any fixed or floating structure
for securing vessels, loading or unloading persons or
property, or providing access to the water, and includes
wharf, dock, float, any other landing facility, and floating
dry docks.
(b) 'Waters of Newport.Harbor' shall mean all waters
of Newport Harbor in which the tide ebbs and flows, whether
or not the ordinary or mean high tide line of the Pacific
Ocean has been fixed by Ordinance, statute, court action or
otherwise, and whether or not the lands lying under the
• tidal water are privately or-publicly owned.
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(c) 'Commercial pier' shall mean a pier with multiple
slips or floats which are rented or leased to boat owners,
including any pier used in connection with 'apartments,
marinas, and yacht clubs. For purposes of this Chapter,
multiple piers which are adjacent to a lot or parcel of
land occupied by a multi - family dwelling or dwelling units
shall be deemed commercial.
(d) 'Non - Commercial pier' shall mean a pier used for
private recreational purposes by the owner or occupant of
the abutting upland property without.payment of a separate
rental or lease fee.
17.33.020 Statement of Policy and.Intent. The City
Council finds and determines that:
1. The City of Newport Beach as the grantee in trust
from the State of California of most of the tide and sub-
merged lands comprising the developed area of Newport
. Harbor has the responsibility of administering said lands
in conformity with the purposes set forth in the trust and
with accepted standards of equity and management of public
lands and resources.
2. In order to carry out its responsibilities the
City must maintain comprehensive records concerning piers
and other structures permitted in ,Newport Harbor, must
conduct periodic inspections and enforce all laws and
regulations applicable thereto, and must furnish infor-
mation and account to the State of California for its
stewardship of said trust lands.
3. In accordance with the foregoing findings, the
City Council determines that all pier I owners should pay
• an annual fee designed to reimburse the City for the costs
of adminstering the pier permit system.
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4. The revenue resulting from the foregoing fee shall
be used exclusively for the administration, maintenance and
improvement of the harbor.
5. It is the policy of the City Council that the fees
imposed pursuant to this Chapter shall not be subject to
any change for a period of five (5) years following the
effective date thereof.
17.33.030 Pier Registration. Fee. Every owner or
permit holder who maintains a pier, any part of which extends
into the waters of Newport Harbor, including any pier located
on private property, on a dedicated channel, or County tide
and submerged lands, shall pay to the City an annual pier
registration fee commencing in 1970 based upon the following
schedule:
(a) Non - commercial piers - $10.00
(b) Commercial piers - $10.00
For additional slips or floats:
(1) Not more than ten (10) slips or
floats - $1.00 for each
(2) Not more than twenty (20) slips or
floats - $10.00 plus 50¢ for each
slip or float in excess of ten (10)
(3) More than twenty (20) slips or
floats - $15.00 plus 25gf for each
slip or float in excess of twenty (20)
17.33.040 Due Date. All fees established by this
Chapter shall b
of March, or in
application for
due and payable
retained by the
repeal of those
due and.payable annually on the 1st day
the case of new installations, upon
construction. Any tidelands use fees
on March 1, 1971, shall be collected and
City, notwithstanding the deletion and
Sections imposing said fees by the
. amendment of this Chapter.
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17.33.050 Penalty for Failure to Pay Fees. Any owner
or permit holder who fails to pay any fee required by this
Chapter within thirty (30) days after the same is due shall
be subject to a penalty in the amount of ten.per cent (10 %)
of the uncollected fee. Failure to pay the fee plus any
accrued.penalty within sixty (60) days after the fee was
originally due shall constitute grounds for revocation of
the permit by the City Council.
17.33.060 Administration. The Harbor and Tidelands
Administrator shall administer the provisions of this Chapter,
except for the collection of fees, which shall be the res-
ponsibility of the.Finance Director.
17.33.070 Appeal to_Council. Any person who is
aggrieved by any decision of the Harbor and Tidelands
Administrator may appeal to the City Council by filing
with the City Clerk a written statement describing the
decision being appealed and the grounds for appeal or
objection thereto."
SECTION 2. This ordinance shall be published once in
the official newspaper of the City, and the same shall be
effective 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 17th
day of May , 1971, and was adopted on the 24th day of
May , 1971, by the following vote, to wit:
ATTEST:
Ci �a a
City Clerk
CERTIFIED AS THE-ORIGINAL AND
CERTIFIEDAS TO PUBLICATION
MAY 2 8 1971
DATE... ...............................
C Ek 0 f THE CI OF N ORT BEACH
AYES, COUNCILMEN: McInnis, Kymla,
Rogers, Hirth, Dostal
NOES, COUNCILMEN: Parsons
ABSENT COUNCILMEN:./ roul
__
Mayor
THS : adw
5/19/71