HomeMy WebLinkAbout83-14 - Amending Portions of Section 5.70.060 of the Newport Beach Municipal Code Regarding Maintenance & Removal of Newspaper Racks in the City of Newport BeachORDINANCE NO. 83 -14
AN URGENCY ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING PORTIONS OF SECTION 5.70.060 OF
THE NEWPORT BEACH MUNICIPAL CODE REGARDING
MAINTENANCE & REMOVAL OF NEWSPAPER RACKS IN
THE CITY OF NEWPORT BEACH
The City Council of the City of Newport Beach finds and
declares that adoption of amendments to Chapter 5.70 of the
Newport Beach Municipal Code are immediately necessary as an
emergency measure for the preservation of the public.peace,
health, safety and welfare in that the proposed revisions are
necessary to protect the constitutional and civil rights of the
citizens of the City of Newport Beach and to bring the ordinances
of the City of Newport Beach into immediate compliance with rul-
ings of the California Supreme Court.
SECTION 1. Chapter 5.70.060 shall be amended to read
as follows:
• 5.70.060 Appeal. The City Council shall have the
power to hear and decide appeals.based upon the enforcement or
interpretation of the rules and regulations promulgated by the
Chief of Police and approved by the City Council, pursuant to the
provisions of Section 5.70.040. Any person aggrieved by any
decision of the Chief of Police rendered pursuant to the provi-
sions of this Chapter, may appeal that decision by submitting a
written, notice of appeal to the City Clerk within 21 days of the
date on which notice of the decision was mailed, pursuant to the
provisions of 5.70.080. The City Council may preside over the
hearing on appeal or may designate a hearing officer to take
evidence and submit a proposed decision together with findings,
within 15 days from the date of the hearing. The City Council
• shall, within 30 days from the date of the hearing, render its
decision on the appeal, supported by findings, and the decision
of the City Council shall be final.
SECTION 2. Section 5.70.070 of the Newport Beach
Municipal Code shall be amended to read as follows:
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5.70.070. Maintenance. Newspaper Racks and Stands
shall be maintained in a clean and neat condition and in good
repair at all times.
SECTION 3. Section 5.70.080 of the Newport Beach
Municipal Code shall be amended to read as follows:
5.70.080. Removal. In the event that the Chief of
Police determines that a newsrack or stand does not comply with
the rules, standards and regulations promulgated by the Chief of
Police and approved by the City Council pursuant to this chapter,
the Chief of Police shall notify, in writing, the owner of the
newsrack, the notice to specify the nature of the violation, the
location of the newsrack which is in violation, the intention of
the Chief of Police to remove the non - conforming newsrack in the
event a hearing is not requested as provided herein, and the
right of the owner to request a hearing, before the Chief of
• Police, or his representative, within 15 days from the date of
the notice. If the newsrack is one which has not been authorized
by the Chief of Police and ownership is not known, nor apparent
after inspection, a notice complying with this section shall be
affixed to the newsrack.
In the event that a hearing is held pursuant to this
section, the Chief of Police shall render a decision, in writing,
within 10 days from the date of the hearing, and the decision
shall advise the appellant of his right to file an appeal with
the City Council, pursuant to the provisions of Section
5.70.060. Notice of the decision shall be mailed to the appeal -
lant and shall be considered effective on the date mailed provid-
ed that the notice is properly addressed and placed in the U.S.
Mail, with first -class postage pre -paid thereon.
• In the event that no hearing is requested by the owner
of a newsrack within the 15 days provided for in this section, or
in the event that an owner of a newsrack fails to remove the rack
within 10 days from the date of any decision of the City Council
that the newsrack is not in compliance with the rules,
regulations and standards established pursuant to this chapter,
the Chief of Police may take possession of the newsrack and, upon
the expiration of 30 days, dispose of the newsrack as required by
law.
SECTION 4. This Ordinance shall be published once in
the official newspaper of the City, and the same shall be effec-
tive immediately.
This Ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on
the 14th day of February , 1983, and was adopted on
the 14th day of February , 1983, by the following
vote, to wit:
AYES, COUNCILMEMBERS Hart, Maurer,
Heather, Plummer, Strauss, Agee, Cox
NOES,
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ABSENT COUNCILMEMBERS
Mayor
ATTEST: �
City Clerk (Deputy
• RBB /pr
ORP /Newsrack
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