HomeMy WebLinkAbout87-31 - Amending Section 17.24.090 of the Newport Beach Municipal Code Pertaining to Revocation of PermitORDINANCE NO. 87 -31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 17.24.090 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
• REVOCATION OF PERMIT.
The City Council of the City of Newport Beach does hereby
ordain as follows:
17.24.090 Revocation of Permit.
A. GROUND FOR REVOCATION. Any permit heretofore or
hereafter granted for any structure or work in the waters of
Newport Harbor or the Pacific Ocean may be revoked by the City
Council upon any of the following grounds:
1. The work or structure has become detrimental to
commerce, navigation or fishing.
2. The work or structure is detrimental to the use,
operation or development of the Harbor.
3. The work or structure does not comply with the
permit or does not meet the standards adopted by the City Council
for such work or structure.
4. The permittee has failed for a period of sixty (60)
days to pay the fee or fees heretofore or hereafter imposed for
the occupancy of tidelands, filled tidelands or submerged lands
• upon which such work or structure exists.
5. The work or structure has fallen into a state of
disrepair.
6. The space occupied by such work or structure is over
publicly owned land and such space is to be devoted to a public
use.
7. The permittee has breached or failed to comply with
the terms or conditions contained in the permit or upon which the
permit was granted.
B. NOTICE AND HEARING. Any such permit shall be
revoked only after a public hearing before the City Council at
which the permittee has an opportunity to be heard. At least ten
(10) days' notice of such hearing shall be given in writing by
first class mail with postage prepaid addressed to the address of
the permittee shown on such permit, setting out the date, time
and place of the hearing.
The City Council of the City of Newport Beach may
preside over the hearing or, in the alternative, appoint a
• hearing officer to conduct the hearing, receive relevant evidence
and to submit to the City Council findings and recommendations to
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be considered by the City Council of the City of Newport Beach.
The City Council of the City of Newport Beach shall render its
decision within forty -five (45) days from the date of the hearing
or, in the event that a hearing officer has been appointed,
within forty -five (45) days from the date on which the City
• Council receives the findings and recommendations of the hearing
officer. The decision of the City Council shall be final.
The City Clerk shall notify the permittee of the decision
of the City Council.
This Ordinance was introduced at a regular meeting of the
City Council of the City of Newport Beach held on the 22nd day
of June , 1987, and adopted on the 13th day of July
1987, by the following vote, to -wit:
•
ATTEST:
AYES, COUNCILMEMBERS Cox, Hart, Maurer,
Plummer, Sansone, Turner
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS Strauss
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